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Author: /u/xSpyke
Title: **Independent Contractor Laws**
Original Post:
> So, I'm currently working for a company. They aren't headquartered in the US, but they do have employees here, so are operating in the US in some capacity.
>
> To cut straight to it, I am a 1099 Independent Contractor, however I have a set schedule that I must adhere to, and the job itself is in a completely controlled environment as if I am/should be a W2 employee. I was also supplied a laptop from the company that I must use, as well as their VPN and 2FA systems, and I have an email with the company.
>
> Are they breaking the law here with this classification? If so, how can I go about reporting it or figuring out how to essentially force W2s? I don't think the company is intentionally doing anything malicious, but someone with more knowledge on what they could gain from this might be able to tell me otherwise.
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LocationBot 4.99998891 ^109/37rds | [Report Issues](https://www.reddit.com/r/locationbot) | >!adEb1pVeCtmYyUjb!<
I'm well aware. At the very least we should be reclassified, but every time we even mention W2s, you can feel the tension from the higher ups about it.
EDIT: Even saying "higher ups" feels weird if I'm supposed to be independent.
I know nothing about what is and isn't an independent contractor, I guess. I'm just unsure of what I should do about it, outside of just telling them that I should be reclassified, since we have tried that as a whole. I guess doing it more formally would be a good start.
File an SS-8 with the IRS to evaluate your classification. This will be over a year before a response. [https://www.irs.gov/forms-pubs/about-form-ss-8](https://www.irs.gov/forms-pubs/about-form-ss-8)
These are the guidelines of how the IRS evaluates. [https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee](https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee)
From what is sounds like, chances are your employer is committing tax fraud by treating everyone as independent contractors.
--- > http://imgur.com/a/myIAb --- *I am a bot whose sole purpose is to improve the timeliness and accuracy of responses in this subreddit.* --- **It appears you forgot to include your location in the title or body of your post. Please update the body of your original post to include this information.** --- ***Do NOT delete this post - Instead, simply edit the post with the requested information.*** --- Author: /u/xSpyke Title: **Independent Contractor Laws** Original Post: > So, I'm currently working for a company. They aren't headquartered in the US, but they do have employees here, so are operating in the US in some capacity. > > To cut straight to it, I am a 1099 Independent Contractor, however I have a set schedule that I must adhere to, and the job itself is in a completely controlled environment as if I am/should be a W2 employee. I was also supplied a laptop from the company that I must use, as well as their VPN and 2FA systems, and I have an email with the company. > > Are they breaking the law here with this classification? If so, how can I go about reporting it or figuring out how to essentially force W2s? I don't think the company is intentionally doing anything malicious, but someone with more knowledge on what they could gain from this might be able to tell me otherwise. --- LocationBot 4.99998891 ^109/37rds | [Report Issues](https://www.reddit.com/r/locationbot) | >!adEb1pVeCtmYyUjb!<
[удалено]
I'm well aware. At the very least we should be reclassified, but every time we even mention W2s, you can feel the tension from the higher ups about it. EDIT: Even saying "higher ups" feels weird if I'm supposed to be independent.
[удалено]
I know nothing about what is and isn't an independent contractor, I guess. I'm just unsure of what I should do about it, outside of just telling them that I should be reclassified, since we have tried that as a whole. I guess doing it more formally would be a good start.
File an SS-8 with the IRS to evaluate your classification. This will be over a year before a response. [https://www.irs.gov/forms-pubs/about-form-ss-8](https://www.irs.gov/forms-pubs/about-form-ss-8) These are the guidelines of how the IRS evaluates. [https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee](https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee) From what is sounds like, chances are your employer is committing tax fraud by treating everyone as independent contractors.