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Does hiring a temp from a temp agency create nexus (aka business presence)

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  • Does hiring a temp from a temp agency create nexus (aka business presence)


    "t" <[email protected]> wrote
    My company (located outside of Georgia) would like to hire a temp employee (in GA) through a temp agency to do some work for us (in GA), but the company does not (at present) have any payroll, rent or assets in Georgia. So does hiring a temp create a business presence?

    If they work under your direction, then yes. If however, you hired a
    company to perform those services, as a subcontractor, then no.



    --
    Paul A. Thomas, CPA
    Athens, Georgia



  • #2
    Does hiring a temp from a temp agency create nexus (aka business presence)


    "t" <[email protected]> wrote
    My company (located outside of Georgia) would like to hire a temp employee (in GA) through a temp agency to do some work for us (in GA), but the company does not (at present) have any payroll, rent or assets in Georgia. So does hiring a temp create a business presence?

    If they work under your direction, then yes. If however, you hired a
    company to perform those services, as a subcontractor, then no.



    --
    Paul A. Thomas, CPA
    Athens, Georgia


    Comment


    • #3
      Does hiring a temp from a temp agency create nexus (aka business presence)

      My company (located outside of Georgia) would like to hire a temp employee
      (in GA) through a temp agency to do some work for us (in GA), but the
      company does not (at present) have any payroll, rent or assets in Georgia.

      So does hiring a temp create a business presence?


      Comment


      • #4
        Does hiring a temp from a temp agency create nexus (aka business presence)

        Thanks Paul.
        If however, you hired a company to perform those services, as asubcontractor, then no.
        But can the state claim that the individual is hiding behind a "S Corp"
        name, but is truly an indivudual representing a company.

        Always appreciate you advice Paul.

        "Paul" <[email protected]> wrote in message
        news:11cr8i[email protected]
        "t" <[email protected]> wrote
        My company (located outside of Georgia) would like to hire a temp employee (in GA) through a temp agency to do some work for us (in GA), but the company does not (at present) have any payroll, rent or assets in Georgia. So does hiring a temp create a business presence?
        If they work under your direction, then yes. If however, you hired a company to perform those services, as a subcontractor, then no. -- Paul A. Thomas, CPA Athens, Georgia

        Comment


        • #5
          Does hiring a temp from a temp agency create nexus (aka business presence)

          Thanks Paul.
          If however, you hired a company to perform those services, as asubcontractor, then no.
          But can the state claim that the individual is hiding behind a "S Corp"
          name, but is truly an indivudual representing a company.

          Always appreciate you advice Paul.

          "Paul" <[email protected]> wrote in message
          news:[email protected]
          "t" <[email protected]> wrote
          My company (located outside of Georgia) would like to hire a temp employee (in GA) through a temp agency to do some work for us (in GA), but the company does not (at present) have any payroll, rent or assets in Georgia. So does hiring a temp create a business presence?
          If they work under your direction, then yes. If however, you hired a company to perform those services, as a subcontractor, then no. -- Paul A. Thomas, CPA Athens, Georgia

          Comment


          • #6
            Does hiring a temp from a temp agency create nexus (aka business presence)


            "t" <[email protected]> wrote
            If however, you hired a company to perform those services, as asubcontractor, then no.
            But can the state claim that the individual is hiding behind a "S Corp" name, but is truly an indivudual representing a company.

            As always, the specific facts and circumstances would dictate what the state
            (or other governing body) would do.

            But, if the "contractor" being used had other clients, offered their
            services to the general public, and otherwise looked like a separate
            company, then it shouldn't be a problem.'

            Note that my advice wasn't meant to "create" a contractor where an employee
            relationship exists.



            --
            Paul A. Thomas, CPA
            Athens, Georgia
            taxman at negia.net


            Comment


            • #7
              Does hiring a temp from a temp agency create nexus (aka business presence)


              "t" <[email protected]> wrote
              If however, you hired a company to perform those services, as asubcontractor, then no.
              But can the state claim that the individual is hiding behind a "S Corp" name, but is truly an indivudual representing a company.

              As always, the specific facts and circumstances would dictate what the state
              (or other governing body) would do.

              But, if the "contractor" being used had other clients, offered their
              services to the general public, and otherwise looked like a separate
              company, then it shouldn't be a problem.'

              Note that my advice wasn't meant to "create" a contractor where an employee
              relationship exists.



              --
              Paul A. Thomas, CPA
              Athens, Georgia
              taxman at negia.net


              Comment


              • #8
                Does hiring a temp from a temp agency create nexus (aka business presence)

                Thanks again Paul.

                I have been following your advice through many years, and I have never found
                anything you have said to be inconsistent with the codes and/or regulations.
                Therefore, I am baffled that there's so much criticism about you.

                You're a true asset to this newsgroup.


                "Paul A Thomas" <[email protected]> wrote in message
                news:[email protected]
                "t" <[email protected]> wrote
                If however, you hired a company to perform those services, as asubcontractor, then no. But can the state claim that the individual is hiding behind a "S Corp" name, but is truly an indivudual representing a company.
                As always, the specific facts and circumstances would dictate what the state (or other governing body) would do. But, if the "contractor" being used had other clients, offered their services to the general public, and otherwise looked like a separate company, then it shouldn't be a problem.' Note that my advice wasn't meant to "create" a contractor where an employee relationship exists. -- Paul A. Thomas, CPA Athens, Georgia taxman at negia.net

                Comment


                • #9
                  Does hiring a temp from a temp agency create nexus (aka business presence)

                  Thanks again Paul.

                  I have been following your advice through many years, and I have never found
                  anything you have said to be inconsistent with the codes and/or regulations.
                  Therefore, I am baffled that there's so much criticism about you.

                  You're a true asset to this newsgroup.


                  "Paul A Thomas" <[email protected]> wrote in message
                  news:[email protected]
                  "t" <[email protected]> wrote
                  If however, you hired a company to perform those services, as asubcontractor, then no. But can the state claim that the individual is hiding behind a "S Corp" name, but is truly an indivudual representing a company.
                  As always, the specific facts and circumstances would dictate what the state (or other governing body) would do. But, if the "contractor" being used had other clients, offered their services to the general public, and otherwise looked like a separate company, then it shouldn't be a problem.' Note that my advice wasn't meant to "create" a contractor where an employee relationship exists. -- Paul A. Thomas, CPA Athens, Georgia taxman at negia.net

                  Comment

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