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Interested in IC California

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  • Interested in IC California

    Hello, knowledgeable contributors!

    I have been presented with an opportunity to create a consultant/freelancer/IC position for myself and wondered where my best starting point would be here in CA. I'm new to the state and know that it has rules/regs/laws for anything and everything.

    It wouldn't be as simple as creating a contract and abiding by the terms contained therein, would it?

    I have read the articles from the IRS and the CA Tax websites but they don't really assist in the start-up phase. And the phrase "has a right to direct or control how the work is done" seems a bit . . . vague, doesn't it? If the customer signs my contract spelling out how I will proceed at a task, then don't I have the right to control the work? Again, I'm new at this but it seems rather wishy-washy. I could sign a well-worded contract that becomes null and void due to a perception by one party that is opposite of another. Hmm.

    But I digress. . .

    Look forward to your suggestions on where to look for start-up guidance and legal rightness!

    Thanks again!

  • #2
    I am uncertain just what you are looking for.

    - Are you trying to figure out if you are legally an employee or an independant contractor (IC)?
    - Are you asking how to set up a new business?

    Generally speaking, if you becoming an IC is through an act of will by your one "customer", then legally you are not an IC. By legal definion, an IC generally:
    - Has many customers and is trying to get more. Generally advertises.
    - Has an investment in equipment and training. Maybe hires and fires their own employees. Provides all needed supplies. Can show a profit and loss.
    - Generally controls their hours and conditions of work. For example, if I call a plumber, I do not give the equipment or tell them which wrench to do. I might to them to get here NOW and fix it NOW, but that would normally be the limit of what the customer could be expected to control. The more control the so-called "customer" excercises", the less likely the worker is really an IC.

    ------

    If instead you are trying to start your own business, I would recommend that you visit the Nolo Press website (of which I have no legal or finanical interest) and buy one of their many self-help legal products about starting your own business. This can be VERY complicated, much more in some states then others.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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