Is a provisional worker a contract or permanent worker?

I am a 1099 contract worker and have a 1 year contract?

  • I am currently a 1099 contract worker, my employer treats the situation as an employer - employee relationship. I have paid vacation and also some paid training. I had to sign paperwork that said that if i quit ill pay the training expense back. does that void the 1099 contract worker definition? Also, am i able to quit anytime being a contract worker without penalty?

  • Answer:

    These are separate issues. Yes, if you quit, you will owe the training costs back. If you do not pay them, the company can sue you and this will hurt your credit. (I had a co-worker who was just shocked when he couldn't get a mortgage because of such a judgement showing on his credit history.) As for whether or not you are an employee, get irs form ss-8 and look at it. If you are convinced you are correct, file it and then file form 8919 with your taxes. The form 8919 calculates the 7.65% fica/mc instead of the 15.3% SE tax. If the IRS agrees with you, they will get the other 7.65% from the employer. (If you haven't quit by then, expect to not have your contract renewed.) Since income taxes were always your obligation, be sure to make quarterly estimated payments since nothing was withheld from your pay.

Jon at Yahoo! Answers Visit the source

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Other answers

The bottom line for determining if someone is an independent contractor is that the person for whom the work is being done has the "right to control or direct only the result of the work, and not the means and methods of accomplishing the work." Also, another criterion that defines you as an employee is the fact that they provided training, which indicates that the employer wants the services performed in a certain manner. Lots more info here: http://www.wm.edu/grants/HANDBOOK/irs20ruletest.htm

tonalc1

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