Monthly Archives: August 2007

Employee vs. Independent Contractor: Factor 4 – Right to Discharge

    This is a fourth installment in of our Employee vs. Independent Contractor series.  The fourth factor in determining whether a worker is an employee or independent contractor is the "right to discharge."  In essence, the question is "whether the worker can be let go by the company for any reason regardless of performance." 
    If [...]

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Employee vs. Independent Contractor: Factor 3 – Opportunity

    The third factor used by the IRS in determining whether a worker is an employee or independent contractor is "opportunity."  This factor is not as clear on its face as the two previous factors.  Basically, what the opportunity factor means is the worker has an opportunity to realize a profit or loss from the [...]

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Bankruptcy or IRS Offer in Compromise First?

    As a follow-up to some of my previous posts where I discussed offers in compromise and whether tax liabilities could be bankrupted or not, as well as a previous series of posts where I began analyzing the "search terms" used to "find" my site through Google, I wanted to write about whether someone should [...]

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Independent Contractor vs. Employee – Factor 2: Capital

My last post talked about the first factor used by the IRS in determining whether or not a worker is defined as an employee (and therefore income tax withholdings are due from the employer) or an independent contractor and the worker is responsible for their own income taxes.
The second factor is "Capital."  In essence what [...]

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Independent Contractor vs. Employee – Factor 1: Control

As you know, I have begun a series of articles about the relationship of a worker to the employer to help business owners determine if they have “employees” or “independent contractors.” The reason this is so important is that if you consider a worker an independent contractor and the IRS deems him to be [...]

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Independent Contractor versus Employee

Several weeks ago I wrote a post regarding the tax implications of paying your “workers” as employees or independant contractors. In that article, I spoke briefly about the factors the IRS considers in determining whether your worker is an employee or an independent contractor. Unfortunately, the IRS does’t give much weight to how [...]

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