"independent contrating" when they are actually an employee is a common problem in the US. Both the employee and specifically the "employer" encourage it.. MUCH cheaper for the employer than the empolyee who "should" claim the taxes for himself.. Actually that is a bit arguable since most would want to be an "employee".
Cash under the table is an ancient game... maybe worse now, maybe not...
In the current state of the economy (probably not caused by the now "crooked" person) with nobody offering full time stable jobs ... really.. what do you expect.
You should pay him his standard rate (which btw is effectively much cheaper if he is not an employee) BUT tell him your filing a 1099 voluntarily in order to encourage him to claim. Working doesn't not disqualify you for benefits, just reduces the rate and/or gives you 0 payment for that week...
bottom line.... IT'S Complicated...
BTW: John got any "independent contractors" that are really employees??????
check your state and fed regs. before answering
I have more sympathy for an out of work, on unemployment, taking odd jobs, worker the the corps and companys that ROUTINELY skirt the law for decades...
It's getting to the point that it's only the honest people that get screwed, be it taxes, loopholes, wages, or the courts.. THAT is sad.
IF we were actually such a rich country (no not for 400) then maybe we wouldn't have to scrounge around like rats.....
Quote: The IRS and many state governments are stepping up enforcement of the use of “independent contractors” who are actually employees.
While there are plenty of legitimate business-to-business independent contractor arrangements, other businesses sidestep the law by misclassifying employees as ICs. (lay person readable information at the IRS site,
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html).
Example: Sam the General Contractor needs plumbers to work on new homes. He finds three plumbers, but treats them as “contractors” rather than as employees, although they meet the statutory definition of employees. Sam issues Form 1099 at the end of the year, in an attempt to look legit.
Taxation agencies know there is a lower percentage of income reporting from the ICs, and for those who do report the income there are usually expense deductions not normally useful to a real employee.
Taxation agencies receive less revenue, there are no state and federal unemployment taxes paid, and the ICs are not covered by workers compensation insurance.
This tactic is not limited to small businesses, ten of thousands of engineers and computer programmers have found themselves in similar arrangements (some by choice, some not). Also, millions of undocumented workers fall into this somewhere, with very little reporting by either employer or employee (or reporting with stolen or fictional identities).
Businesses using this dodge derive a huge advantage over legit employers. However, for those needing work, be a phony IC is a lot better than sitting at home. Raising costs is a bad idea right now, but legit employers already have those costs.
This is a game of whack-a-mole with millions of moles, and even I have some empathy for the tax agencies trying to get this under control. But then Sam might decide to get by with only 2 plumbers.
http://www.angrybearblog.com/2010/02/independent-contractor-problem.html
BTW: the problems big enough to fund the "health care" bill.. Thus the 1099 thingy..
So where is the bigger problem?????????