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How to make sure I hire a rental property manager as an

independent contractor instead of employee...
How to make sure I hire a rental property manager as an independent contractor instead of employee? Can I pay him hourly as an independent contractor? Thanks.
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Answered in 17 minutes by:
3/21/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 491
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. The key to classifying someone as an independent contract rather than an employee depends not on your desire to do so but on whether the person's actual job is properly classified as such under IRS factors. If you misclassify someone as an independent contractor who should've under these IRS factors been an employee you may end up liable for back tax withholding, interest and penalties. That said, in considering whether this property management position can be an independent contractor you need to evaluate the following factors in the three primary categories below:

Behavioral - Will you as the hiring company control or have the right to control what the manager does and how he or she does it? If so, the manager may be an employee. If, on the other hand, you leave to the manager's discretion when and how to do the work for the property, often including what hours are worked as long as the job gets done, that leans more toward independent contractor.

Financial - Do you reimburse for expenses, provide supplies or tools? If so, more likely an employee; if not, more support for independent contractor status

Type of relationship - Do you have a written contract and does it include benefits or not and does it purpose to create an independent contractor relationship or employer-employee?

These factors need to be evaluated carefully to determine whether the property manager you hire can even be an independent contractor. It is also important to note that the IRS generally views resident managers (those who live on the property) as employees and not independent contractors.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
Thanks for the information. If there are several property manager candidates: X has his/her own property management firm and manages several rental properties for landlords; Y has a day job unrelated to property management and do property manager part-time. The landlord doesn't want live-in property manager. The landlord mostly want a property manager for tasks such as inspections. Would X and Y be considered independent contractors?

They likely can be independent contractors. X, with a separate property management company, presumably has many clients and, therefore, would be deciding when and how to do the work and fitting it in with other clients. So that probably is enough freedom to be an independent contractor. Y, probably also, as Y has a day-job; the key with Y would be to make sure the landlord doesn't tell Y he/she has to be here from these hours to these hours, here are the tools for the job, this is how you need to do this and instead just sends a message with a task and Y completes it, as Y sees fit, and as soon as Y can fit it in Y's schedule. The key is who controls the how/when/where of the job.

Attorney Wendy
Category: Legal
Satisfied Customers: 491
Experience: Member at Keefer & Keefer LLC
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Customer reply replied 1 month ago
Thanks for your help.

You are very welcome; let me know if you have any other questions.

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