What companies will hire people with a criminal background?

Why do certain companies (especially startups) mostly hire people as freelancers? Do they pay less taxes, etc. this way?

  • I hear a lot of the following situation: after going through the interview process, the person is told that they need to register as "self-employed" and then the company (the startup) will transfer money to the newly established company account of the "employee". The problem with this is, of course, that a freelancer typically cannot  provide services to only one client - they might be liable if the tax people find out most of their income comes from one particular client (so they need to, indeed, find other clients or "fake it" - taking a risk to get in trouble with the tax people). My question is, why is this necessary at all? Does the startup company pay less taxes this way? If this is not the case, I guess It either helps them save some money in a certain way (perhaps they don't need to hire people to handle the payroll administration, etc.) or it transfers some of the liability to the "employees" in case the tax people go after them.

  • Answer:

    Take a look at http://www.irs.gov/taxtopics/tc762.html on the IRS Web site, and the link to Publication 1779. A startup that intends to do this must relinquish both behavioral and financial control over the worker and must establish a contractual relationship with the worker that clearly describes the relationship that the parties intend to create. If the company doesn't and continues to treat the worker in the equivalent of an employer-employee relationship, the company is violating the law.

Mike Emeigh at Quora Visit the source

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Yes. When one hires a worker at a wage, one pays half of his FICA (social security).  When one hires a contractor the contractor pays all of his FICA.

Robert J. Kolker

Mike Emeigh gave an excellent answer.  I might add the following: Should the "contractor" be determined to be an employee then the "employer" could be found liable for the payroll taxes that "should have been" withheld in addition for failure to file penalties for the payroll returns that should have been filed in addition to the late payment penalties and interest on the payment of taxes and potentially a 50% penalty for substantial underpayment penalty.  Mike's link http://www.irs.gov/taxtopics/tc762.html is directly from the IRS. This situation most often occurs when someone is terminated and they file for unemployment and found to be not eligible because they were a contract worker.  So now they appeal (wage and hourly division here in Michigan - may be something else in other state) and they will do an investigation which usually results in YES you were an employee and are eligible for unemployment (95%+ of the time).  So now these people report their findings to the IRS and the business is in big trouble with the above penalties.

Mark Rigotti

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