let me put it to you this way
Posted By: Snow Bunny on 2008-07-31
In Reply to: I have copied and pasted from IRS - More IC info
The services have already cleared this with their lawyers, and what they do is legal.
There is only one statement that you need remember ... element of control. If you have it, then you're an IC. If you don't, you're not.
When a service tells you that you have to work certain days or hours, or what your line rate will be ... nothing says you have to accept things. You can tell me "no," (you have the element of control), but they don't have to utilize your service.
Another point ... if you work exclusively for one service, then by law you are considered an employee. HOWEVER, there's nothing stopping you from offering your services to someone else. The fact that you'll be working 40 hours for ABC MTSO and 10 hours for a local doctor doesn't matter. There's nothing in the IRS laws which governs how many hours a week you can or can't work.
The only way to guarantee absolute IC status is to shy clear of services and find your own accounts.
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