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<div class="moz-cite-prefix">On 3/19/2013 2:44 PM, Chris Fowler
wrote:<br>
</div>
<blockquote cite="mid:5148B20F.4080207@gmail.com" type="cite"><br>
"Here’s the dirt…. If you have a worker and that worker only works
for you at your premises 100% of the time and uses all your
equipment and you dictate how he does the work in the office he is
considered a Employee and must receive a W-2.
</blockquote>
<br>
Chris's comments are the litmus test for employee vs contractor.
You can use a temp service as an intermediary, with a beginning and
ending date to successfully work around this, but then then service
is taking a cut for placement. It's just messy.<br>
<br>
Bottom line: No matter what your accountant says, Mark, this is a
tax LAW issue, and you should consult a lawyer before making your
decision. My non-expert non-legal opinion is that the risk vs.
reward on this one just isn't there. The GA Dept. of revenue
actively pursues these types of cases no matter how small you are.
They can't afford to allow a precedence to be set any other way.
Not only would they lose out on payroll taxes, but it would present
a huge cash flow issue for them if everyone started hiring 1099's
instead of employees. ". . . . death and taxes"<br>
<br>
Good luck in your search and your business.<br>
<br>
<div class="moz-signature">-- <br>
<div style="color: rgb(36, 91, 126); font-size: 11pt;">Brian W.
Neu<br>
Principal<br>
Advanced Open Systems, Inc.<br>
<span style="font-style: italic;">Technology Applied for
Business</span><br>
aosystems1 (skype)<br>
678.310.7890 (w) <br>
404.452.0043 (c)
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