By Shanah Schaffer
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January 29, 2018
Ahhh, the age-old business dilemma, do I hire a Contractor, or an Employee? Or for that matter, who are the ones already working for/with me? The IRS is very clear on the matter, and the State's are usually even stricter. At any time, the Department of Labor in your state can request an audit of your books for just this, and they are very particular. So, what is the difference? A simple Google search of the IRS or state sites, and you can find the details. But, to save you some time, (and a headache from reading tax code), here are a few of the basics: 1. A contractor does not work according to your schedule, they are not 9-5'ers, or nor do they belong on a weekly or bi-weekly scheduling sheet. These are people that you hire to perform a job, not work shifts. Their deadlines are often implied, (such as ours with the deadlines set by the IRS and states), or agreed upon before starting. 2. A contractor should have an established business presence, and/or others clients that they perform the same types of 'jobs' for, (for instance, we do Accounting for multiple clients, not just you). An established business presence is dictated by examples such as the following: a website, business cards, print or other advertising media, etc... 3. A contractor uses their own tools, supplies, and equipment. An employee is provided the tools and equipment to do their job. This can be a bit sticky, but is used as a determining factor. A good example is whomever you hire to clean your offices. If you have all of the equipment, (ie vacuum, etc..), and buy the cleaning products, paper supplies, etc, then that person is an employee. Even if they have other customers, it may be called into question. A 'service' that hires their own staff, brings their own equipment and materials, etc. are Contractors, and should be treated as such, and issued a 1099 at the end of the year. A couple other quick side notes for 1099's, and workers: 1. Individuals can be considered 'household employers', and that must be handled differently. (Cooks, Nannies, Housekeepers, Gardeners, etc). Contact us for help with your specific situation. 2. All Individuals and Unincorporated businesses should be issued 1099's, (LLC's, etc), and ALL attorneys regardless of business structure. (Provided they meet the minimums for the year). 3. You should also be issuing 1099's for all Commercial Rents, and in special circumstances, Interest paid. Contact us for help with your specific situation.