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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3914
Experience:  30 years of experience
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My issue is regarding my independent contractor status

Customer Question

Customer: ***** *****, and my issue is regarding my independent contractor status through the vet clinic i have been hired.
JA: Thanks. Can you give me any more details about your issue?
Customer: The veterinary clinic hired me on as an independent contractor. to perform pet grooming services. they clinic regulates what time i should be there along with scheduling and accepting payments from all the clients i am supposed to be rendering this service to. so i am trying to make sure i am classified correctly and following correct tax laws on my behalf..
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Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If they are directing your schedule, collecting payment from the customers and then paying you, directing how you are to do your work, it sounds like you are en employee and not an independent contractor.

If on the otherhand you have control over your work schedule and how you perform, then you sound like an independent contractor.

This is a tricky area of the Tax code. Fortunately for you, the risks of incorrectly characterizing an employee as an independent contractor fall on your employer rather than on you. They run the risk of being penalized by the State for failing to with hold unemployment taxes, worker's comp taxes, social security taxes, etc.

The problem for you, if you are receiving payment as an independent contractor is that you must pay the estimated income taxes every quarter. If you are doing so you are not at risk for penalty because your employer mischaracterized you.

If they are claiming you as an Independent Contractor they should be giving you a 1099 statement at the end of the year. If they did not that does not chage your tax obligations. If an employee they should be giving you a W2 tax statement.

Here are the IRS guidance publications on the issue:

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee

https://www.irs.gov/taxtopics/tc762.html

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald, Esq replied 1 year ago.

Please note that there is not one single factor that controls the answer.

This is one of the best articles describing how to work it out:

http://www.forbes.com/sites/robertwood/2012/05/09/irs-provides-template-for-employee-vs-contractor-mess/#2715e4857a0b5f89536281a5

Good luck.

Kind regards,

Gerald