On 08/30/2013 08:22 AM, Edward Ned Harvey (blu) wrote:
From: Martin Owens [mailto:[email protected]]
Sent: Thursday, August 29, 2013 1:37 PM

On Thu, 2013-08-29 at 11:45 -0400, [email protected] wrote:
Don't go W2! If you are an independent contractor, W2 defeats your tax
advantages. A W2 means you are an employee.
Can you explain to the lay person what tax advantages you're talking
about?
There's definitely no tax advantage.  There is a liability advantage.

If you're an employee of a company, then they have to pay FICA, and you have to pay 
FICA (social security & medicare withholdings from your paycheck).  They have 
to provide unemployment and worker's comp insurance.  And as an employee of them, 
anything you do on behalf of the company can be held against them.

If you're a contractor, you create an LLC, you establish a business 
relationship between your LLC and the client.  You are an employee of the LLC.  
(But you don't pay yourself a salary.  Ask your accountant.)  You're required 
to carry workers' comp and unemployment (but this is a frequently violated 
law).  Instead of paying FICA, you pay Self Employment tax, which is generally 
about the same as paying FICA.
And if you are a 1099 without a corp or LLC you can be sued. But, even with your own LLC, your company can be sued. One of the companies I worked for as a 1099, billing was a real pain. The problem was not that they didn't pay their bills, but my boss didn't submit them to accounts payable. That company was l;ater bought by Compaq, and what was left of that company ended up in my group at Compaq.

--
Jerry Feldman <[email protected]>
Boston Linux and Unix
PGP key id:3BC1EB90
PGP Key fingerprint: 49E2 C52A FC5A A31F 8D66  C0AF 7CEA 30FC 3BC1 EB90

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