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Ask if your company qualifies for a free consultation including a detailed
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In an exception from an article written by Thomas Owens
in the Jan/Feb 1990 issue of Independent Business Magazine there is a list of 20
questions the IRS will use to determine if workers are company employees or true
independent contractors. Mr. Owens
states the IRS considers any “yes” answer to be evidence of an
employer/employee relationship.
-
Do
you provide the worker with instructions as to when, where and how work is
performed?
-
Did
you train the worker in order to have the job performed correctly?
-
Are
the workers services a vital part of your company’s
operations?
-
Is
the person prevented from delegating work to others?
-
Is
the worker prohibited from hiring, supervising and paying assistants?
-
Does
the worker perform services for you on a regular and continuous basis?
-
Do
you set the hours of service for the worker?
-
Does
the person work full time for your company?
-
Does
the worker perform duties on your company’s premises?
-
Do
you control the order and sequence of the work performed?
-
Do
you require workers to submit oral or written reports?
-
Do
you pay the worker by the hour, week or month?
-
Do
you pay for the worker’s business and travel expenses?
-
Do
you furnish tools or equipment for the worker?
-
Does
the worker lack a “significant investment” in tools, equipment and
facilities?
-
Is
the worker insulated from suffering a loss as a result of the activities
performed for your company?
-
Does
the worker perform services solely for your firm?
-
Does
the worker not make services available to the general public?
-
Do
you have the right to discharge the worker at will?
-
Can
the worker end the relationship without incurring any liability?