But we have the independent contractor or the employee it's really a question so really the starting point is who's on your property who comes onto your property and actually works on your property who do you 1099 you familiar with that term 1099 if you pay someone with six hundred dollars or more you actually have to submit that to the IRS so really that's the start of it we start talking about 1099 s the first thing that that I would do in an audit is I would go we'll just show me your 1099 list and let's take a look at in 1099 and then let's start going through each person on your 1099 list and let's talk about are they here you know doing work really gets down to who has the right of control so do cover the person comes out of the property and then you know and is doing work for you is that person being supervised is there disciplinary actions that you know that can't take place it really - when we talk about independent contractors we're looking at we're looking at this this falling under two different violations potential violations one is with the DL SC so I mean we have the labor standards enforcement of California they make sure that labor standards are enforced and then we have the other with the EDD which is the Employment Development Department which essentially is concerned with employee related taxes payroll taxes so the do I see the the labor standards update they they care about wage and hour issues how are you treating this person in terms of wage and hour and then the EDD which is concerned with well we just care about the money it tastes on payroll taxes so...
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Independent Contractor Agreement Form: What You Should Know
An Independent Contractor Agreement, which generally also comes with an IRS form 1099-B, is a contract between a business and an independent contractor who is not a business partner with that business. It is also called an Independent Contractor Agreement — FMS Sep 15, 2023 — The independent contractor of any business or professional services is usually an individual business professional who is employed by a business, rather than an independent contractor. An independent contractor that works in a business's territory is an employee as defined under federal and state workers' compensation laws: FEDERAL: 42 U.S.C. STATE: 38 C.F.R. The terms of any independent contractor agreement should be drafted as a contract and not a promise from the independent contractor to work for the business. What it means when an independent contractor contracts with a business An independent contractor may Contract with you for your services, then take your pay as payment for the services the contractor performed. Contract with you and then perform your services as an independent contractor on your behalf. Who can I contract with? Anyone can use an independent contractor. It doesn't matter how large and complex that business, how many people work for it, how many jobs are outsourced to that business, or even the industry it operates in. The important thing is that you get the contract. There is no law requiring that if you accept a job from, for example, a construction company that they must offer you a job as an independent contractor. You can use a contractor for your work if: You will do all the work yourself. In most cases, this is true. If you do all the work yourself and no longer have to pay someone else to do the work then you don't need a contractor. You are only paying your contractor your hourly rate and working under your name. This is called an “independent Contractor Agreement” because the person you are paying to do a job for you is not your employee. Who can't use an independent contractor Most businesses can't use an independent contractor. They should pay you for your services on an hourly basis and pay you all of your normal working time. The federal wage laws apply to business and professional contractors. It's very important to know the laws that apply when you're working with an independent contractor. The Wage and Hour Division of the Department of Labor provides basic information on independent contractors.
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