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Question

I'm recenlty hiring a person and can not decide weather to hire him as an independent contractor (1099) or employee w2. Can i get scenearial cases for both as far as the amount of taxes the i would have to pay and/or save? It is located in Cleveland Ohio and a monthly pay of $2,750.00 with no independent and no need for health insurance (covered under wife's)

Submitted: 15 days and 6 hours ago.
Category: Tax
Value: $68
Status: CLOSED
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Optional Information

State/Country relating to question: Ohio

Already Tried:
I have looked but everithing is from the independent contractor's point of view. I needed from the employer's point of view.

Accepted Answer

XXXXXXXXXX,

It is important to understand that a company cannot chose if someone is an independent contractor or an employee. That classification is determined by several factors. The IRS lists these factors as:
  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
If you do determine the person is an employee, you would have the following expenses (not paid if a 1099 contractor):

  1. FUTA- 0.8 percent of fist $7K in wages per an employee, or a maximum of $56 a year for each employee.
  2. Employer Social Security - 6.2% of first $106,800 of wages for each employee.
  3. Employer Medicare - 1.45% of all subject wages paid.
  4. OH Unemployment Tax - Ranges from 0.7% to 9.4% of first $9K in wages paid to each employee. New employers start at 2.7%.
  5. OH Disabled Workers' Relief Fund - $0.10 per $100 of payroll.
  6. Payroll Service (unless self prepared)- Usually between $20 and $80 per a payroll, depending on which company you use and what services you need (ie, direct deposit, checks cut, etc.).

As a 1099 contractor, you would not pay any of these costs. Please let me know if you have further questions.

Regards,

XXXX X

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Expert: Mark D
Pos. Feedback: 99.6 %
Accepts: 
Answered: 11/5/2009

Tax Preparer

MBA, CTEC Registered, CPA Firm Experience with Business and Individual Tax Returns and Issues

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