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?"
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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...
How can you work under a licensee yet still claim to meet the IRS rules for independent contractors??ÿ
As I understand the IRS process, they look at certain criteria but base their decision on the overall situation.?ÿ Failure of one test in one instance doesn't necessarily determine the outcome.
The goal of the IRS is to ensure that appropriate taxes are paid.?ÿ The proprietor of a demonstrably legitimate business can perform work that involves taking detailed direction from his client without being an employee.
I've never had an independent contractor relationship investigated by the IRS, but I did once get challenged by my workers comp carrier.?ÿ I had engaged a subcontractor -- a retired NGS state advisor -- to help me run a large GPS campaign.?ÿ He was nominally working under my direction -- though all significant decisions were actually collaborative -- but I was able to show that he had other clients and sources of income.?ÿ The auditor eventually agreed that he wasn't an employee and withdrew the challenge.
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I am not saying that you can have a contract people working full time for months or years at at time.
Contract help is for a few days a week now and then or even a day or so every week all year long ot help you here and there to keep up.
People that work full time all year long are employees.
Contract field crews are a pipe dream of many experienced hands that will no longer work for ordinary pay and the greedy ones I know want as much or more than I get at the end of a project.
I know of many that want this status and they may be out surveying under some umbrella surveyor today and every day.
The ones I've met only want to turn over final data and not any raw data of any kind and that don't "get r done" for me or any BOR that I know of.
Most of the ones I've herd of keep busy in the oil fields when that is up and running.
There is a guy that I call on to help me a couple days out of a year when some client wants something referenced to some certain GPS system that I don't mess with.
Okay, your thoughts....I am a licensed Surveyor (in the States offered) with my own equipment and CAD software. Need help getting a project completed? Hire me and I will give you all the field data reduced into a C3D drawing, raw data, field notes etc.?ÿ Would that be illegal?
