As many folks across this great land are looking for good help. I wonder if a 1099 Independent Contractor is a viable solution? I hear from nearly everyone that good work is hard to find. Why staff up if you can hire out a PLS/PS that has all of the equipment and CAD software?
Here in the StL area I do not know of a single 1099 PLS?
I would use one. Would you??ÿ
N10,000, E7,000, Z100.00
PLS - IL, MO, AR, KS, MN, KY
Who stamps the work?
If you are in responsible charge and stamping, telling someone how to do the job, then they may be considered employees by the IRS with all sorts of tax and insurance ramifications.?ÿ
If they are in charge and stamping, then what is your role?
By definition, a 1099 contractor is in responsible charge of their work.?ÿ For instance, you hire a contractor to?ÿreplace?ÿyour roof.?ÿ You say "I want a new roof using these shingles".?ÿ You do not instruct him how to take off the old shingles, put down tar paper, and put on new shingles.?ÿ Such a person is an employee.
I would see the use of a 1099 as a competent surveyor would could collect all the field data, draft the topo and turn the data set over; not a contractor that would turn over a fully executed project.?ÿ I would not want a 1099 to set corners or certify the boundary, just get the data for me.?ÿ?ÿ
N10,000, E7,000, Z100.00
PLS - IL, MO, AR, KS, MN, KY
According to this article the rules have not changed with the new tax law.
I work 1099 occasionally for other surveyors.?ÿ The benefit for me is things may be slow for a few months in the winter; the drawback I have to travel at least 5 hours south to where it's not slow due to weather.?ÿ The benefit for employer is they can get caught up or complete a large project without having to hire and let go employee for short duration need. I cost more hourly?ÿof course, but not necessarily when considering all the expense (including training and another full equipment layout and vehicle for another crew) of a temporary full time employee.
For a permanent arrangement I think the 1099 contractor would need to show work for at least more than one company. And I don't think it works for unlicensed people or crews given the State requirements for responsible charge of work being done. That requires you tell them how to do it, not just what the finished service product is.
I would see the use of a 1099 as a competent surveyor who could collect all the field data, draft the topo and turn the data set over; not a contractor that would turn over a fully executed project.?ÿ I would not want a 1099 to set corners or certify the boundary, just get the data for me.?ÿ?ÿ
N10,000, E7,000, Z100.00
PLS - IL, MO, AR, KS, MN, KY
I would see the use of a 1099 as a competent surveyor would could collect all the field data, draft the topo and turn the data set over; not a contractor that would turn over a fully executed project.?ÿ I would not want a 1099 to set corners or certify the boundary, just get the data for me.?ÿ?ÿ
The only way that would work is if the contractor is licensed.
Maryland Licensing Law:
?ÿ??Responsible charge? means direct control and personal direction of the investigation, design, construction, or operation of land surveying work that requires initiative, professional skill, and independent judgment.
IRS definition of a Common Law Employee:
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.
I'm no lawyer, but it seems to me that reconciling these requires you to stretch one or both of them like silly putty.
(EDIT - that is if the contractor is doing the field work and you are sealing.?ÿ Part of our minimum standards is a certification that specifically states that the undersigned was in responsible charge per the statutory definition. I believe that once you certify that, you've defacto certified that the person doing the work in an employee per IRS regulations) ?ÿ
?ÿ
When they are only working half a week or so they are not full time employees, they are contract workers, temporary labor or such.
Shift one of your full time men to their crew and use your equipment.
Read something?ÿthat said over 20% of 1099 contractors are misclassified.
http://tentiltwo.com/pt-career-blog/top-10-signs-you-are-being-misclassified-as-a-1099-contractor/
The IRS has specific guidelines to help employers understand the difference between employees and contractors; but not all companies abide by the rules. So what are some of the top telltale signs that perhaps you are being misclassified as a 1099 contractor?
- You don??t submit a weekly or monthly invoice for your services.
- The guy you work for refers to himself as your boss.
- You have a specific schedule, are monitored by someone and are told when to take your lunch break.
- There are other people with whom you work that are doing the exact same job, but are classified as W2 employees.
- The company gives you a uniform and you are required to wear it.
- You drive a company vehicle.
- You have company business cards and a company email address.
- The company tells you when you can take vacation.
- You are using a computer provided by the company.
- The IRS calls and says, ??We need to talk.?
There is a surveyor in this state that uses this field crew.?ÿ Supposedly, the field crew has their own equipment.?ÿ They go out and survey a lot and they get about half the money.?ÿ That's illegal as hell, but how to catch them?
<snip>The IRS calls and says, ??We need to talk.?
or in a couple years, without notice, you discover that your bank has already been levied by the IRS and/or State tax thugs
kinda hard to get it back, and fat chance getting them to pay the $75 bank fee for Each Levy.
ask me how I know
every State is different!!!
<snip>The IRS calls and says, ??We need to talk.?
or in a couple years, without notice, you discover that your bank has already been levied by the IRS and/or State tax thugs
kinda hard to get it back, and fat chance getting them to pay the $75 bank fee for Each Levy.
ask me how I knowevery State is different!!!
OUCH! I don't ever expect anything good from the IRS, but NICE Bank on not notifying you!
"There is a surveyor in this state that uses this field crew.?ÿ Supposedly, the field crew has their own equipment.?ÿ They go out and survey a lot and they get about half the money.?ÿ That's illegal as hell, but how to catch them?"
?ÿ
Why does this have to be illegal ? ?ÿIsn't there something else registereds are doing, that is worse than paying the crews more ?
They are operating on their own and not under the supervision of any licensed surveyor.
They do not have a licensed surveyor on their payroll 40hrs week.
There are a lot of?ÿ renegades out there that want to do the work and get paid licensed surveyor's wage and pay a licensed surveyor a signing fee.
Until someone gets their license they are students, newbies, apprentices and/or employees or out of work.
Let them get their license first.
Soooo...
For tax purposes they are 1099. Then you certify the map as being done under your responsible charge?
I am seeing a fast approaching light, hearing a faint whistle getting louder...
Soooo...
For tax purposes they are 1099. Then you certify the map as being done under your responsible charge?
I am seeing a fast approaching light, hearing a faint whistle getting louder...
it would seem that the definition of "responsible charge" in Your State is the crucial element (other than IRS and other taxing authorities).
in California I see no way that this game of pretending that people being given clear direction are Not actually employees will work and keep clear of possible sanctions by the State Board of Registration.
PS: Ca. has a rather succinct definition of "responsible charge"
"There is a surveyor in this state that uses this field crew.?ÿ Supposedly, the field crew has their own equipment.?ÿ They go out and survey a lot and they get about half the money.?ÿ That's illegal as hell, but how to catch them?"
?ÿ
Why does this have to be illegal ? ?ÿIsn't there something else registereds are doing, that is worse than paying the crews more ?
They are either breaking the tax laws, or breaking the licensure laws.
There are ways to manage this arrangement as long as the crews work under licensed surveyors.
I have tried it in the past.
The problem I had every time was that the other individuals would not comply with the rules or the laws or my requirements.
Their ego would not allow them to respect the license and the BOR rules and operate under those requirements.
It is not a hard thing to do, I put up with being an underling with no control and having to turn everything from raw data to sketches and what all else I prepared until I was licensed as well as what every licensed surveyor in Texas today had to comply.
In the 70s, 80s and 90s good help was everywhere. Once the new century arrived, everyone wants to be the chief and get the biggest part of the profit.
How can you work under a licensee yet still claim to meet the IRS rules for independent contractors? One requires following the direction of another and the other requires you work independent of direction from another...