Legality of 1099 Employee's and going after money owed

Discussion in 'Florida Lawn Care Forum' started by Yankeedownsouth, Sep 26, 2013.

  1. ed2hess

    ed2hess LawnSite Fanatic
    Posts: 13,207

    I think you should move on, and by the way better hope employers in your area aren't on lawnsite.
  2. Patriot Services

    Patriot Services LawnSite Fanatic
    Posts: 12,974

    This doesn't surprise me and I've been saying it for years. There are very few people that claim to be 1099s that really are by the IRS definition. Its actually easier to just use a seperate company and have them bill you as a subcontractor. With the government getting cash strapped they are going to look at every body with a fine toothed comb. Small business' have always been low hanging fruit usually from the owners own ignorance or thinking they are too small for the IRS to notice.
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    Last edited: Sep 29, 2013
  3. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 12,400

    You may want to read what Ric says below.

    Judo, I don't give a crap what State Farm has to say about emp vs sub. What I and anyone else should care about is what the IRS has to say about who is a sub and who is an employee, because they are the ones who matter.

    Someone can work for me for a day and be an employee. Someone can work for me for 50 years and be a sub. Or vice versa.

    You do realize that the IRS is who got Al Capone and many other mob bosses. Tax evasion, which is what it is if you incorrectly classify an employee vs sub.

    Here is what the IRS has to say:

    No where does it state time of employment as an requirement of employee vs subcontractor.
  4. Landscape Poet

    Landscape Poet LawnSite Gold Member
    Posts: 3,638

    How do big boys especially get away paying there sales people commission only Ric? The generally allow them to use a company wrapped vehicle, but only pay commission. Are they still a employee and get paid min. wage for the weekly hours IF the commission does not outweigh the hourly wage at min?
  5. joe crumpler services

    joe crumpler services LawnSite Member
    Posts: 120

    Oomkes hit the nail on the head. The IRS is the final authority as to who is and is not a subcontractor. I do know (the individual) must have (own or rent/ lease) all tools and equipment necessary for the job. Otherwise, you are an employee.
  6. Ric

    Ric LawnSite Fanatic
    Posts: 11,956


    Asking that question, You might want to also ask for a refund on your college degree in business.

    Outside salespeople work their own schedule and don't have to report in or do office duties. Therefore they don't have to be paid by the hour. Outside techs who work service call can also be paid on commission only since they only do work outside. Fact is a Spray Tech who doesn't report into the Office at a set time of day, could be paid commission only.

  7. Landscape Poet

    Landscape Poet LawnSite Gold Member
    Posts: 3,638


    Go read your post in this thread and you might understand my confusion, you see my business degree is working just fine, as you were stating how anyone working under 482 could not be a 1099...but then you went on to state that indeed they could be...I mean a sales person is a card holder under 482 right!
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  8. Ric

    Ric LawnSite Fanatic
    Posts: 11,956


    I lead you to the water and now I know why you couldn't make it as a trainee Stock Boy for Walmart.

    1099 is a form used by a company to report to the IRS payment made to individuals with out paying FICA, SS or worker comp for that person.

    Commission paid to salespeople working for a Pest Control are not 1099. FICA, SS and Worker Comp etc are paid by the Chapter 482 commercial Licensed Pesticide Company.

    Once again, You should not ask but rather demand a refund on your college degree which is lacking of any real education.

  9. Landscape Poet

    Landscape Poet LawnSite Gold Member
    Posts: 3,638

    Well we can not all be successful ex-clowns, ex-nursery owners, ex-lawn boy ex-trappers, experts like you Pricky.
    Maybe someday I can be as successful as you and run a solo spray operation into my early 80's and tell everyone how good I am, but until then I guess I will just keep wasting that college education!:)

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