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Whatever payers or workers claim doesn't matter at all because the relationship between payers and workers won't depend on whatever companies claim.

本文发表在 rolia.net 枫下论坛In other words, you are making decisions on relations among payers and workers, which you do NOT have rights to make those determinations instead of US IRS.

Any payer can be forced by government to fill out tax forms as per request of any of their workers.

If the employer incorrectly treated an employee as a nonemployee, his company can be held liable for employment taxes for that worker, plus a penalty.

I copy and pasting the following website for your references:
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
http://www.state.nj.us/lps/dcj/releases/2004/paintsmart0129.htm

No matter what kind company utilize whatever firm for their positions. If there is employer-employee relationship exist between payers and
workers in fact, It will be misprision for the company to misrepresent employer-employee relationship to business relationship for playing
game with Tax law. It's also misprision for the company to misrepresent employer-employee relationship to business relationship
by assistance of job agencies or "contract firms". It's impossible to make contractor at payers' will regardless of tax status.
If you receive extensive instructions on how work is to be done, this suggests that you may be an employee. Instructions can cover a wide
range of topics, for example: how, when, or where to do the work, what tools or equipment to use, what assistants to hire to help with the
work, and where to purchase supplies and services. If you receive less extensive instructions about what should be done, but not how it
should be done, you may be an independent contractor. For instance, instructions about time and place may be less important than
directions on how the work is performed.

Only employer has rights to decide on the time frames; responsible for planning the work to be done; decides how the work is to be done; decides on the hours of work; decides on the work location; assigns the individual tasks; supervises the tasks; decides whether work must
be redone; responsible for training; decides on the territory to be covered; decides on periodic activity reporting; decides if the work
is to be done by the worker himself; hires helpers; supplies the heavy equipment or covers its rental costs;supplies the specialized
equipment or covers its rental costs;covers equipment maintenance costs;covers the costs of liability insurance;covers rental
costs;assumes responsibility for the performance of the work;guarantees the quality of the work;covers the costs incurred by
the worker in carrying out the work;...

I think we not only need to be honest and truthful, but also need to be legal and comply with the Laws.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 加国公民, 怎么回答米国雇主关于是选择 W2或者corp to corp basis的问题? 搞不懂! Thanks!
    • Whatever payers or workers claim doesn't matter at all because the relationship between payers and workers won't depend on whatever companies claim.
      本文发表在 rolia.net 枫下论坛In other words, you are making decisions on relations among payers and workers, which you do NOT have rights to make those determinations instead of US IRS.

      Any payer can be forced by government to fill out tax forms as per request of any of their workers.

      If the employer incorrectly treated an employee as a nonemployee, his company can be held liable for employment taxes for that worker, plus a penalty.

      I copy and pasting the following website for your references:
      http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html
      http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
      http://www.state.nj.us/lps/dcj/releases/2004/paintsmart0129.htm

      No matter what kind company utilize whatever firm for their positions. If there is employer-employee relationship exist between payers and
      workers in fact, It will be misprision for the company to misrepresent employer-employee relationship to business relationship for playing
      game with Tax law. It's also misprision for the company to misrepresent employer-employee relationship to business relationship
      by assistance of job agencies or "contract firms". It's impossible to make contractor at payers' will regardless of tax status.
      If you receive extensive instructions on how work is to be done, this suggests that you may be an employee. Instructions can cover a wide
      range of topics, for example: how, when, or where to do the work, what tools or equipment to use, what assistants to hire to help with the
      work, and where to purchase supplies and services. If you receive less extensive instructions about what should be done, but not how it
      should be done, you may be an independent contractor. For instance, instructions about time and place may be less important than
      directions on how the work is performed.

      Only employer has rights to decide on the time frames; responsible for planning the work to be done; decides how the work is to be done; decides on the hours of work; decides on the work location; assigns the individual tasks; supervises the tasks; decides whether work must
      be redone; responsible for training; decides on the territory to be covered; decides on periodic activity reporting; decides if the work
      is to be done by the worker himself; hires helpers; supplies the heavy equipment or covers its rental costs;supplies the specialized
      equipment or covers its rental costs;covers equipment maintenance costs;covers the costs of liability insurance;covers rental
      costs;assumes responsibility for the performance of the work;guarantees the quality of the work;covers the costs incurred by
      the worker in carrying out the work;...

      I think we not only need to be honest and truthful, but also need to be legal and comply with the Laws.更多精彩文章及讨论,请光临枫下论坛 rolia.net
    • 谢谢登陆者.从回贴看,依稀仿佛我就不用管它了.随它是哪种了?
      • Yes, both of the company and you have No rights instead of IRS. The decisions of IRS will be in accordance with what will happen among payers and workers instead of the planning.