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08-09-2014 02:03 PM
TomCopeland
Quote:
Originally Posted by nanglgrl View Post
Thank you. You know I'm trying to get around this whole hiring an employee thing legally. We have a college nearby, I wonder if I hired a music student to give a music lesson while I run to the preschool if that would be considered an IC? Or if the person who substitutes for me also does so for other providers would they then be considered an IC? I know a person that does this, they have their own contract and business cards but I'm not sure if they are doing it the right way according to the IRS...here's hoping Tom Copeland chimes in.
The only way a substitute could be an independent contractor is if the person was in the business of being a substitute. This means they would have a business name, register their name with the state, work for other providers and uses their own contract.

If you were present and hired someone to come in and do a music lesson, this person would be an independent contractor.

But, the person you describe is an employee, unless she meets the definition of an independent contractor I've described above.
08-08-2014 06:38 PM
nanglgrl
Quote:
Originally Posted by Blackcat31 View Post
I will move the thread to the tax section so there's a better chance Tom will see this and respond.
You're the best Blackcat!
08-08-2014 04:48 PM
Blackcat31
Quote:
Originally Posted by nanglgrl View Post
Thank you. You know I'm trying to get around this whole hiring an employee thing legally. We have a college nearby, I wonder if I hired a music student to give a music lesson while I run to the preschool if that would be considered an IC? Or if the person who substitutes for me also does so for other providers would they then be considered an IC? I know a person that does this, they have their own contract and business cards but I'm not sure if they are doing it the right way according to the IRS...here's hoping Tom Copeland chimes in.
I will move the thread to the tax section so there's a better chance Tom will see this and respond.
08-08-2014 04:28 PM
nanglgrl Thank you. You know I'm trying to get around this whole hiring an employee thing legally. We have a college nearby, I wonder if I hired a music student to give a music lesson while I run to the preschool if that would be considered an IC? Or if the person who substitutes for me also does so for other providers would they then be considered an IC? I know a person that does this, they have their own contract and business cards but I'm not sure if they are doing it the right way according to the IRS...here's hoping Tom Copeland chimes in.
08-08-2014 04:20 PM
Blackcat31
Quote:
Originally Posted by nanglgrl View Post
I'm going to need to pay someone to perform as a substitute in my daycare while I run my son to preschool and pick him up (about 10 hours a week). I will probably also use them (when their schedule allows) for additional duties like when I volunteer at my children's school or am sick. I plan on having them state their rate and will only need set hours for the times I'm running my child to/from school.
Does anyone know how I can make sure I'm following IRS guidelines to make sure they are an independent contractor and not an employee or if there is any way to do that? I really don't want to mess with the hassle of having an employee.
I am pretty sure she would have to be an employee unless she runs her own business being a sub for other child cares. Here is Tom Copeland's blog about this. I'm sure it explains it much better.

http://www.tomcopelandblog.com/2011/...ontractor.html
08-08-2014 03:38 PM
Thriftylady I am thinking you just need a contract with them stating they are an independent contractor?
08-08-2014 03:36 PM
nanglgrl I'm going to need to pay someone to perform as a substitute in my daycare while I run my son to preschool and pick him up (about 10 hours a week). I will probably also use them (when their schedule allows) for additional duties like when I volunteer at my children's school or am sick. I plan on having them state their rate and will only need set hours for the times I'm running my child to/from school.
Does anyone know how I can make sure I'm following IRS guidelines to make sure they are an independent contractor and not an employee or if there is any way to do that? I really don't want to mess with the hassle of having an employee.

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