Arthur Kamlet wrote:
- quote -

I disagree. He is a [temporary] employee. He works at the
employer's site with their resources and under their
control. I don't care if it's a state government that you
are disregarding just because they fail to withhold (where
they should be withholding). Although there are some 20
factors in all, the three I mentioned are the strongest and
favor an employment outcome.

He is a misclassified IC who is an employee.

- quote -

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

kamlet[at]panix.com (Arthur Kamlet) wrote:
- quote -

On what basis? Since his work is under the control and
supervision of the State of NC, he clearly would be an
employee, under the legal definition of the term, at any
rate.

Stu

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Ben wrote:

- quote -

Sounds like you're up Moore's creek without a paddle.

This is probably wrong. I say probably because under what
terms were you hired? Have you signed an agreement
covering what's to be done, when,how, with what? and to
what?

Cheer$,
Harlan Lunsford, EA n LA

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

Ben <BC16157[at]hotmail.com> wrote:

- quote -

No. From your own words, you are an independent contractor.

- quote -

You are an independent contractor so file schedules C and
SE.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->

I've been reading some posts here and I am a little
confused. (not unusual for me...)

Here is my situation:

I am on 3 month contract with the State of North Carolina
(Secretary of State Office). I am working doing tech
support as part of their technical support team. The idea
is to "try me out" for 3 months (or maybe 6). If they like
me, they hire me permanently. I'm a temp without the
benefits....

I work on site, on their hours, using their resources and
tools. I report to a boss who is a state employee. They
are not witholding taxes (no W-2). Based on the definitions
that I have read here the IRS would NOT consider me an
independent contractor, but the state calls me one! Am I
right here?

So what are the tax implications here? If the IRS would not
consider me an IC, then what?

Thanks for your help.

-Ben

If you want to email me, email me at BCotten at earthlink
dot net

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->