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I have worked at this little bar for 6 years and have had taxes held out until about 6 months ago. I work the same schedule as always 30-40 hrs. a week. Can they pay a full time employee contract labor?

2007-04-29 07:54:02 · 4 answers · asked by retta 1 in Business & Finance Taxes United States

4 answers

No.

The determination of whether or not a person is contract labor or employee is not a choice. It is based on many factors.
Review this publication:

http://www.irs.gov/pub/irs-pdf/p1779.pdf

This form is for requesting the IRS make a determination in a specific case.

http://www.irs.gov/pub/irs-pdf/fss8.pdf

In you case, your employer has the additional disadvantage that he paid you as an employee for many years and now has changed your status. He will probably receive a letter from the IRS wanting an explanation.

2007-04-29 08:23:49 · answer #1 · answered by Mark S 5 · 5 0

No. Employees are not contract labor. Period. And someone working in a bar (possibly excuding an after-hours cleaning crew) is not contract labor.

File Form SS-8 with the IRS to force a determination. You can get a copy from the IRS website.

2007-04-29 16:50:32 · answer #2 · answered by Bostonian In MO 7 · 1 0

No they can't just decide to classify you as an employee or as contract labor - which you are depends on your job duties.

A full time employee can be paid as a contractor, but it doesn't sound like your job would fit into that category.

2007-04-29 11:37:26 · answer #3 · answered by Judy 7 · 0 0

No. workers at the instant are not settlement hard artwork. era. And somebody working in a bar (probably excuding an after-hours cleansing group) isn't settlement hard artwork. record kind SS-8 with the IRS to rigidity a determination. you may get a replica from the IRS web site.

2016-12-10 14:41:37 · answer #4 · answered by trickey 4 · 0 0

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