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What is the law for an employee to work as 1099 employee.

What needs to be done...
What is the law for an employee to work as 1099 employee. What needs to be done to work as a 1099 employee.
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Answered in 1 minute by:
6/9/2017
Legal Eagle
Legal Eagle, Lawyer
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Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. I am happy to speak with you, but by no means are you required to accept it.

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Customer reply replied 8 months ago
I would prefer to chat by writing rather than a phone call. I hope you do not mind.

What matters more is what you don't do rather than what you actually do that determines whether someone is classified as a 1099 employee (independent contractor). The IRS helps people understand what they consider to be an independent contractor to help you out what is an IC. Generally, the issue is degree of control over the person. Here is how the IRS helps people understand:

Common Law Rules

Facts that provide evidence of the degree of control and independence fall into three categories:

  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

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So, it's more of a fact call than anything, but basically, if you run your situation through these standards, then you're in business.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 8 months ago
I am satisfied thank you.

You're too kind thank you!

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