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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10648
Experience:  30 years of corporate, litigation and international law
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How to become independent contractor in state without SSN.

Customer Question

How to become independent contractor in Washington state without SSN.
Do I have to apply for a business license first? Then apply to be an independent contractor?
Do they do it with W7, W9 and 1099 form for independent contractor?When can they get ITIN and EIN? When do they need them?
Submitted: 2 months ago.
Category: Business Law
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

An independent contractor is not something that is applied for, nor is it an official designation granted by the state or federal government. Rather, it's what a worker is if he is not an employee. For example, if you pay the neighborhood kid to cut your lawn, then that kid is an independent contractor. You pay him the fee for cutting your grass, but he is not your employee. You don't withhold taxes from what you paid him. That kid doesn't need a business license, and you don't need to give him a 1099 to make his status as independent contractor official.

Per the IRS, an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 2 months ago.
I understand that's for the kid, but what if their boss does give them a 1099?
I don't have questions about employee vs independent contractor.
How about when should undocumented get ITIN and EIN?
Expert:  TJ, Esq. replied 2 months ago.

Hi again.

After contemplating what you wrote, I'm really sorry to say that I don't think that I'll be able to provide you with a useful answer. However, it's quite likely that another attorney at this website will be able to do so. Accordingly, I will open your question for other attorneys to review. Your patience is appreciated. :)

Customer: replied 2 months ago.
thank you!
Expert:  Richard - Bizlaw replied 2 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

If the person is not authorized to work in the US hiring them to work whether as an employee or an independent contractor is illegal for both the person hiring and the person hired. An independent contractor would have to complete a form W-9 and verify the validity of the ITIN provided. Otherwise you would be operating illegally.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.