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Hancey Law Offices

Hancey Law Offices

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Are You an Employee or an Independent Contractor?

The IRS does not allow you to choose. The consequence of moving from an independent contractor to an employee holds great significance to both the employer and the employee.

Things such as: workman’s compensation, tax withholdings, agent liability, tax exempt benefits, pension plans and employer funded retirement plans all come into play at the turn of this designation. The IRS does not let you choose which side of the fence you are on.

Fortunately, the IRS has provided a useful questionnaire that parties may use to identify the facts that are relevant in making the distinction between the two. The form is SS-8 and can be found here.

If you have any questions, we would be happy to help you in clarifying this process.Employee or Independant Contractor


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