W2 vs 1099

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  • #35155
    Steve Shapiro
    Participant

    Anyone have any experience with companies selling auto warranties as it pertains to W2 vs 1099 for there agents? Client being told by another auto warranty companies that they treat them like hair dressers charging them by the seat and getting around the W2 issue. Currently researching the IRM but early in the process.

    Any feedback is appreciated.

    Thanks,

    Steve Shapiro

    #35504
    Eric Green
    Keymaster

    Steve I have not dealt with this, though it wouldn’t surprise me

    #36222
    Christine McKay
    Participant

    The rules can get rather blurry, but go here to determine the classification of workers. The biggest determining factor I have used is if the individual is told “when and where” to show up.

    https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

    #36390
    Steve Shapiro
    Participant

    Thank you Eric and Christine. Sorry for the slow response but this was in my spam.

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