Definition of Independent Contractor

[cbg]

I posted a link that gives you the legal reference right from the source in the very first response.

 

[adjusterjack]

The best resource you should is the IRS website:

Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service (irs.gov)

If reading that material doesn't convince your client that you are an IC, then sit down with him, fill out the SS-8 and submit it to the IRS for evaluation.

You can also study the CA rules with regard to workers comp insurance and unemployment compensation.

Independent contractors (ca.gov)

 

[LdiJ]

The best resource you should is the IRS website:

Independent Contractor (Self-Employed) or Employee? | Internal Revenue Service (irs.gov)

If reading that material doesn't convince your client that you are an IC, then sit down with him, fill out the SS-8 and submit it to the IRS for evaluation.

You can also study the CA rules with regard to workers comp insurance and unemployment compensation.

Independent contractors (ca.gov)

Even when the IRS is running at full capacity and is totally caught up it takes them 4-6 months to process an SS-8. Right now the IRS is so behind that even the Taxpayer's Advocate is taking almost no new cases, because they can't do anything to help anyone unless it is about a return that has already been processed.

I doubt that anyone would get a response to an SS-8 in less that 12-18 months at this point.

 

[adjusterjack]

The form is quite comprehensive. Completing it might resolve the issue.

 

[LdiJ]

The form is quite comprehensive. Completing it might resolve the issue.

Considering how many of these I have filled out, I would have the concern that filling it out would make the new head of the company even more nervous.

Personally, I stand by the previous advice that I gave on the subject. The OP has been using the company's equipment because it is neither cost effective nor practical for him (or any other potential contractor) to provide the same equipment themselves.

That logic overrides the reason why normally using the company's equipment would be indicative of employee status.

 

[cbg]

The owner needs to understand that there is no single factor that automatically confers employee or IC status. It is the preponderance of evidence using the factors in the link I provided.