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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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My wife works in a salon in Texas as a Barber earning 50%

Customer Question

My wife works in a salon in Texas as a Barber earning 50% commission. Her employer just pays her every week with a check.
Is her employer required by law to provide her a pay stub?
Is her employer required by law to deduct FICA,unemployment ect..
If so can you provide the exact law or regulation that states it.
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Th eissue is - if she is an em[ployee or a self-employed contractor?
If she is an employee - then - yes - paystub is required and withholding is also required.
If she is a contractor - no withholding and no paystub.

How her compensation is determined is not relevant to that determination.

Expert:  Lev replied 1 year ago.
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?
Expert:  Lev replied 1 year ago.
Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor.
So - you need to determine if the worker is your employee or a contractor.
If, after reviewing all circumstances, it is still unclear whether you are an employee or an independent contractor, Form SS8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding -
- can be filed with the IRS.
The form may be filed by either the business or the worker.
The IRS will review the facts and circumstances and officially determine the worker's status.
Be aware that it can take at least six months to get a determination.

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