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1099 or not Please help Florida

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  • 1099 or not Please help Florida

    Can my employer consider me a independent contractor if they are taking taxes out of my wages? Don't I have to be paid by 1099 in order to be considered a independent contractor? They tell me I can not be paid 1099 because I won't be eligible for workmans comp? I have worked 1099 before as a independent contractor in Florida many times and I have been hurt on the job and there was no problem with workmens comp insurance.

  • #2
    This is maybe more complicated then your question indicates. Worker classification is a function of law, not the will of the employee or the employee. The starting point is always to start with the governmental classifications tests and see what the answer is. Then follow the rules associated with that classification of worker.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs13.pdf

    IF you are legally an independant contractor (IC), THEN a number of things happen, including the issuance of a 1099-MISC (Box 7). Being an IC takes FICA tax withholding of the table. But FIT tax withholding under the 1099 rules is a function of a valid W-9 being submitted. No W-9 means mandatory FIT withholding, even for an IC. Of course, only very dumb customers (IC do not have employers) would fail to get a valid W-9 prior to payment, so FIT withholding for IC is normally a legal non-issue.

    IF you are legally an employee, then FICA and FIT withholding is required, employer FICA, FUTA, and SUTA taxes are required. And FL-WC becomes an issue, although I have no expertise in FL-WC.

    One more time, worker classification is a function of objective facts, not the employers or employees state of mind.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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