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> Yabbut, the point is not whether you *should* perform
> the work in a given tool or attend meetings or perform
> the work at the client's site. The point is that if the
> company chooses to pay you on 1099, the IRS says they
> have no right to demand that you perform the work at
> their office or use their equipment or software or be
> available for meetings and phone calls during core hours.
> If they do impose such conditions, then you are an employee,
> not a contractor, and they must pay you W-2 and pay
> employment taxes.
>
Not true. There is a test and the items you mention are only part of the
test. The reality is whether you have a significant risk of making or
not making money. See the link I posted to John Posada on this subject.
--
Peter
"When a man sits with a pretty girl for an hour, it seems like a
minute. But let him sit on a hot stove for a minute-and it's
longer than any hour. That's relativity,"
- Einstein-
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