Quote:
Originally Posted by chris1
I still call BS on the IRS talks. They are precluded by law in giving tax advice. They can only direct you to the the relevant regulation pertaining to your question.
As far as being done for years,if they are audited they will be changed to W2 employees. But i'm sure that you have been audited and praised for illegal classification of workers.
Never said that you yourself hauled .90 mile freight but your "subcontractor" certainly can with no inteference from you.If they really are a subcontractor.
The only reason it's done is for the owner avoiding payroll taxes.
And I am sure you Chris, are a law professional who just visits trucking websites for the fun of it..........
Maybe you should do a little more research before you try stating facts you have no idea about.
Here is the page you need to read:
Independent Contractor (Self-Employed) or Employee?
"In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.
Common Law Rules
Facts that provide evidence of the degree of control and independence fall into three categories:
Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
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.)
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?
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. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.
The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination."