Dealing with a helper

Discussion in 'Starting a Lawn Care Business' started by MeadowsLawnCare, May 10, 2007.

  1. MeadowsLawnCare

    MeadowsLawnCare LawnSite Member
    Posts: 192

    Hey guys,

    I have a good friend of mine who wants to help out on some accounts. Here is what I want to do, If he is employed by me i will have to pay taxes for him and im legally liable for anything that happens to him. What I want to do is make him sign a thing saying that he is not employed by me and is self contracted and im not responsible if he is injured. Is that legal and can I word it something like that and have it actually be a legal document? Also what would be a good % to pay him? I was thinking around 25%-30% of what the total take in is for each account he helps on. Any help would be appreciated. I love this forum!

    Thanks,
    Andy
     
  2. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    I would pay by the hour. And what you want to do isnt legal, unless he has his own equipment and will be going out and doing a list of lawns you give him on his own.
     
  3. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812


    And he has a Federal self employment tax number"or something like that" its been awhile.
     
  4. MarcSmith

    MarcSmith LawnSite Fanatic
    Posts: 7,157

    a 1099 on someone puts them as a subcontractor.... they are supposed to provide their own equipment and such....The other option you have is to take him to one of those Temp agencies, and then hire him from the temp agency...Temp agency pays all the taxes and such, you pay the temp agency, and the temp agency pays your friend. yeah I know sneaky way around the system, but still legit...if you plan on growing might as start the process of paying taxes and such on your employees'. learn how to to do it now and get th e process nailed down...
     
  5. bohiaa

    bohiaa LawnSite Fanatic
    Posts: 5,220

    Nope........... was just talking to my accountant about this yesterday

    you can 1099 him, and he uses your equiptment. It used to be up to a certain dollar ammount, now it's a time thing..... If you work him 40 a week every week He's an employee...... if you work him 37 hrs this week 46 next week 32 the next and so on...he's 1099.....But dont keep him all summer.....

    Let him go after 2 to 3 months, or he will become a full time employee, and that's where all the insurance comes in at. GEt his DL #, SS#.....and pay him more than you would an hourly employee, then it's up to him to pay his taxes.


    Good luck
     
  6. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Posts: 10,812


    Its not worth it. just hirer him and pay like everybody else.
     

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