Assistant (by Adrian Goett [FL]) Oct 12, 2021 12:53 PM|
Assistant (by Ray-N-Pa [PA]) Oct 12, 2021 1:27 PM
Assistant (by Laura [MD]) Oct 12, 2021 2:26 PM
Assistant (by MAP [NY]) Oct 12, 2021 2:50 PM
Assistant (by Laura [MD]) Oct 12, 2021 2:53 PM
Assistant (by WMH [NC]) Oct 12, 2021 3:37 PM
Assistant (by Laura [MD]) Oct 12, 2021 3:47 PM
Assistant (by myob [GA]) Oct 12, 2021 4:00 PM
Assistant (by Pmh [TX]) Oct 12, 2021 4:44 PM
Assistant (by Ken [NY]) Oct 12, 2021 5:10 PM
Assistant (by Pmh [TX]) Oct 12, 2021 5:31 PM
Assistant (by WMH [NC]) Oct 12, 2021 5:36 PM
Assistant (by Pmh [TX]) Oct 14, 2021 6:21 PM
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Assistant (by Adrian Goett [FL]) Posted on: Oct 12, 2021 12:53 PM
I manage properties in Florida and I have an assistant that helps me with the managing.
She is an independent contractor since she doesn't have fix hours but she gets a weekly compensation plus commission.
Is this legal? What can I do to cover myself in case she says she is an employee.
She completed a W9 but we never completed an independent contractor agreement. --162.252.xxx.x
Assistant (by Ray-N-Pa [PA]) Posted on: Oct 12, 2021 1:27 PM
The IRS website has a multiple question test that helps you determine if they are contractor or an employee.
Hours is one of the question areas along with tools, uniforms, and ability to do similar task elsewhere --24.101.xxx.xxx
Assistant (by Laura [MD]) Posted on: Oct 12, 2021 2:26 PM
I have decided to just hire companies going forward, as the rules governing Independent Contractors are very very strict and often easy to invalidate. --108.56.xxx.xx
Assistant (by MAP [NY]) Posted on: Oct 12, 2021 2:50 PM
According to a recent SBA webinar I attended, real estate professionals (for now) have a much more lenient set of rules as to what is an independent contractor, as far as workers comp, etc. goes. I expect that to change with this administration, however. --174.208.xx.xx
Assistant (by Laura [MD]) Posted on: Oct 12, 2021 2:53 PM
Please know the rules governing Independent Contractor are state specific. --108.56.xxx.xx
Assistant (by WMH [NC]) Posted on: Oct 12, 2021 3:37 PM
Are they??? I never knew that, Laura! --50.82.xxx.xxx
Assistant (by Laura [MD]) Posted on: Oct 12, 2021 3:47 PM
In Maryland we have to give "independent Contractors" a Maryland specific form.
"Maryland Independent Contractors: What you need to know
Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
Workplace Fraud Act (WFA). The state of Maryland has enacted a WFA specifically designed to address issues of employee misclassification in the construction and landscaping industries. The WFA requires employers in the construction and landscaping industries to give an individual classified as an independent contractor or an exempt person with whom they contract notice of their classification and an explanation of what that classification means. A copy of the notice in both English and Spanish is available on Maryland’s Division of Labor and Industry’s website at www.dllr.state.md.us/workplace.
Employers in the landscaping and construction industries must also keep, for at least 3 years, records containing the following information:
1. The name, address, occupation, and classification of each employee or independent contractor;
2. The rate of pay for each employee or method of payment for each independent contractor;
3. The amount paid each pay period to each employee or independent contractor;
4. For each independent contractor or exempt person hired, the regulations further require that the employer keep at the worksite or place of business: a. A description of the employers’ business or a contract between the employer and the independent contractor ..."
Assistant (by myob [GA]) Posted on: Oct 12, 2021 4:00 PM
Our new boy in office wants to hire 3 billion in new IRS agents to stop this type of abuse.
Of course selling art for 500,000 per painting will not be covered in any audit done by the IRS of HIS family. --66.133.xx.xx
Assistant (by Pmh [TX]) Posted on: Oct 12, 2021 4:44 PM
the w9 gives you the info so you can file 1099. which you need to file if you paid her $600 or more a year. the rules on “contract” are complicated. but essentially you cannot direct what she does or how she spends her time doing what you have tasked her to do. ie: you tell her what should be done but you shouldn’t manage. I will suggest you draw up an agreement. --107.77.xxx.xxx
Assistant (by Ken [NY]) Posted on: Oct 12, 2021 5:10 PM
Put her on the books,it is not that big of a deal then she is legal.I would be more concerned about her saying something that gets you in trouble with a fair housing complaint --72.231.xxx.xxx
Assistant (by Pmh [TX]) Posted on: Oct 12, 2021 5:31 PM
she is legal now so long as op is reporting. If an employee then op has to pay employer taxes. op does need to determine best way to manage. --107.77.xxx.xxx
Assistant (by WMH [NC]) Posted on: Oct 12, 2021 5:36 PM
I was thinking about my Lawn Guy. We just give him the address and he does what he wants when he wants on his own schedule, which he does for other people too. I think my 1099 for him is good. --50.82.xxx.xxx
Assistant (by Pmh [TX]) Posted on: Oct 14, 2021 6:21 PM
WMH: yes. --107.77.xxx.xxx
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