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To: Zeneta
Unless “every” position in the operation of the company is an “IC” and paid on a 1099.

Not sure if that would work either.

This won't work either. The rules of the 1099/IC are such that they cannot be under your direct management. If a 1099 only works for you, under your direct control, and you require him/her to be where/when/how you like, they are an employee not an 1099.

A true 1099 works for himself at multiple vendors and is on his own time, and you do not give him a paycheck, he invoices you, and is payed out of A/P. Also, the 1099 is required to have Worker's Comp insurance and must provide a certificate of insurance to any vendor he has.

So love the "we have to pass it to know what's in it" bill. /raging sarcasm

52 posted on 05/12/2013 11:55:02 AM PDT by RikaStrom ("To learn who rules over you, simply find out who you are not allowed to criticize." ~Voltaire)
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To: RikaStrom

Setting aside the workman’s comp issue and some retarded notion that they must provide their services to “multiple clients” (they 1099 entity is the vendor) BTW.

If I run an office cleaning service and I am the only “worker” and I only have 1 customer.

I enter into a contract/agreement to provide my services with certain expectations that include when (between 8 and 10pm), where (duh, the office), what and how (clean the office and they don’t care HOW).

We can extend this to virtually any position within a company that allows some flexibility on the HOW part.

I could have a boat load of 1099 salespersons that I control the where/when but not the how. The how starts to get really subjective.

In addition, one persons technique for cleaning or selling or driving or mowing or consulting or taking orders or flipping burgers or analyzing data or writing reports or greeting customers and on and on, seem to require certain standards of performance that have nothing to do with HOW.

The IRS nor the Federal Gov’t can make me have multiple contracts or agreements in order for me to be a 1099 independent contractor.

Tell me how they will differentiate between a cleaning service and someone that provides exclusive co-location cloud computing services ?


53 posted on 05/12/2013 12:37:45 PM PDT by Zeneta (No eternal reward will forgive us now for wasting the dawn.)
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