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无知者无畏,再给你个正宗的: If an employer-employee relationship exists, it does not matter what it is called. The employee may be called an agent or independent contractor. It also does not matter how payments are measured or paid, what they are called

本文发表在 rolia.net 枫下论坛2. Who Are Employees?
Generally, employees are defined either under common law or under statutes for certain situations.

Employee status under common law. Generally, a worker who performs services for you is your employee if you have the right to 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. See Publication 15-A, Employer's Supplemental Tax Guide, for more information on how to determine whether an individual providing services is an independent contractor or an employee.

Generally, people in business for themselves are not employees. For example, doctors, lawyers, veterinarians, construction contractors, and others in an independent trade in which they offer their services to the public are usually not employees. However, if the business is incorporated, corporate officers who work in the business are employees.

If an employer-employee relationship exists, it does not matter what it is called. The employee may be called an agent or independent contractor. It also does not matter how payments are measured or paid, what they are called, or if the employee works full or part time.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 发现加拿大的老中是即贪婪又无知,老想耍小聪明,投机取巧, 跟美国政府玩文字游戏。IRS 早已指明 1099 是 Self employed. 链接的第一个案例就是关于 1099 和 Self employed 的关系. TN 根本不允许 Self employed.
    • 无知者无畏
      • 跟移民局耍花样的后果很严重. 你每次都要找 lawyer 准备,不要留把柄给移民局. 万一给逮住,你就不要再想在美国混了
        • 你的意思是说,律师提供的是违法犯罪的服务?
        • 这个说的很肯定了“Yes. A TN status holder can be on 1099“ 。还有什么“后果很严重“?
        • 不知者不怪
    • 枫叶旗下 /美国话题 / 请问各位去米国的contractor大虾,是用的加拿大的公司还是到美国新注册公司?区别大嘛? -shallwe(Zidane); 2006.11.8 18:36 (#3309986@0)
      • Foreign corporations with presence in US must register with a state and pay corporate tax on all US income. Unless you really love Canada government and willing to pay extra Canada tax.
    • To goodlord: I have seen your link but could not conclude that NT can not be 1099. Would you please explain clearly?
      • 对同一份工作,你对 IRS 说你是 Self employed, 按 1099 交税. 对移民局说你不是 Self employed, 申请 TN. 这不是在耍花样? 这些都在政府备案. 想逮你还不简单
        • .
    • 请问你老是米国老印?
      • 是米国老墨
    • 发现这里的老中制政府白纸黑字的声明不顾,因为某些论谈和律师的个人观点听起来顺耳,马上引为真理.
      • 无知者无畏,再给你个正宗的: If an employer-employee relationship exists, it does not matter what it is called. The employee may be called an agent or independent contractor. It also does not matter how payments are measured or paid, what they are called
        本文发表在 rolia.net 枫下论坛2. Who Are Employees?
        Generally, employees are defined either under common law or under statutes for certain situations.

        Employee status under common law. Generally, a worker who performs services for you is your employee if you have the right to 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. See Publication 15-A, Employer's Supplemental Tax Guide, for more information on how to determine whether an individual providing services is an independent contractor or an employee.

        Generally, people in business for themselves are not employees. For example, doctors, lawyers, veterinarians, construction contractors, and others in an independent trade in which they offer their services to the public are usually not employees. However, if the business is incorporated, corporate officers who work in the business are employees.

        If an employer-employee relationship exists, it does not matter what it is called. The employee may be called an agent or independent contractor. It also does not matter how payments are measured or paid, what they are called, or if the employee works full or part time.更多精彩文章及讨论,请光临枫下论坛 rolia.net
        • 仔细看看 IRS 的第一个案例. 1099 已经决定你是 self-employed worker. 并不存在 employer-employee relationship 的争议
          I received a Form 1099-MISC instead of a Form W-2. I'm not self-employed, I do not have a business. How do I report this income?

          If payment for services you provided is listed in box 7 of Form 1099-MISC (PDF), you are being treated as a self-employed worker, also referred to as an independent contractor. You do not necessarily have to "have a business," but simply perform services as a nonemployee to have your compensation treated this way. The payer has determined that an employer-employee relationship does not exist in your case.
          • 1099 Employee
            • Dice 有政府效力吗? 发现这里的老中制政府白纸黑字的声明不顾,因为某些论谈和律师的个人观点听起来顺耳,马上引为真理.
              • 你说的话有政府效力吗? 发现这里的老中制政府白纸黑字的声明不顾,因为某些论谈和律师的个人观点听起来顺耳,马上引为真理.
    • INS stated that self-employed is OK for TN, as long as the person works for a US entity. So contractor is not an issue. Bigger problem is that INS also stated multiple times is that TN jobs are temporary.
      So renewing TNs for the same employer is not legal.

      As US heads to recession, INS is going to tighten the rules at the borders and kick more Canadians back to their beautiful beaucratic country.
      • Hi, could you read this link? Thanks a lot.
        • INS' stance is that self-employeed professionals should get E-2 visa instead. But because the approval time is long, it is OK to get TN for shorter time under a US entity's sponership.
          In short, it it legal to get a TN as long as (1) the job is required by a US entity; (2) temporary.

          E-2 is the real "work for yourself' visa type.
    • Please 讨论.