Angie,
The BR/IC would have to pay the salon owner if there is an agreed upon amount. 
I do not know all the logistics of it all, but the owner should take provisions 
in their contract to prevent that from happening. Maybe a clause that states 
whatever percentage or a base fee. 
Which brings up yet another question: the intake would really be on a trust 
basis. How do all of you who booth rent do this? Do your clients take a receipt 
to the desk? Or do you allow the desk to take your money and they pay you?
Wow--this has opened up a can of worms!!!
Buenos dias,
Lynnette
Sent via BlackBerry from T-Mobile

-----Original Message-----
From: Angela R Wingerter <[email protected]>

Date: Mon, 6 Jul 2009 11:12:18 
To: <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor


If I were the salon owner and someone wanted to rent on a commision basis this 
would be my concern...You cannot tell a booth renter that he/she has to be at 
work or work x amount of hours so if the booth renter didn't want to come to 
work and make money, you as the salon owner would be screwed, and the booth 
renter would be taking up space in your salon that you could be renting to 
someone else. The booth renter is also not making money but is not out any 
money either. How would you handle that situation?
 
Angie Wingerter




________________________________
From: Maggie in Visalia <[email protected]>
To: [email protected]
Sent: Sunday, July 5, 2009 10:30:26 PM
Subject: NailTech:: Re: taxes/ independent contractor


The IRS looks at more issues than just who pays whom. That argument aside:

A. I sure as heck would hope that the IC would be getting receipts for ALL 
monies paid to the salon owner-- including what goes to the receptionist! So 
that she can write off all those fees.

B. My concern is how the salon works it so they collect money for the 
receptionist fees, without making the receptionist an employee of each IC? Cuz 
that would result in the IC's being responsible for withholding taxes, paying 
into unemployment and workers comp. What a mess!

I wish Nails and Nailpro would put ALL their articles that they have ever 
published into a searchable database so that I could go to their website, type 
in "IC vs renter" or "worker status" or "contracts" and dig up those dang 
articles I read a few years ago all about the different types of rental 
agreements that you're likely to come up against if you open a salon-- cuz 
there's one that takes a percentage of your gross receipts. Which, according to 
some of our aguments, would result in the salon owner becoming an employee of 
the landlord. (hrmph)

Also... there was an article about how you needed to work it if a booth rent 
salon decided to hire a receptionist-- which I recall being very much along the 
lines of what we're hearing here. Each person has to contribute seperately to a 
fund, it shouldn't be part of the rent/commission.

*Sigh*

I have to go make dinner.


Maggie Franklin: Attitudes Salon; Visalia, CA
"Visionary rebel dreamer; obviously way ahead of my time."
Maggie's Website
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--- On Sun, 7/5/09, [email protected] <[email protected]> 
wrote:


From: [email protected] <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor
To: "NailTech Group" <[email protected]>
Date: Sunday, July 5, 2009, 12:03 PM


Well, I have paid "booth rent" on a commission basis.... Like 65-70%...was 
mine... BUT the terminolgy matters here.

I paid the salon owner the 30-35% --which was my booth rent.  But, at the same 
time, I contracted an agreement, (albeit verbally), that I paid 35% of all 
SALES, (which includes SERVICES... NOT TIPS or RETAIL), up to whatever 
boothrent amount would be--- say, for argument's sake: $100.  So, in other 
words, if the 35% worked out to be more than $100, $100 (booth rent) is all I 
paid.

This type agreement works for someone just starting in a new location and 
trying to get established... And you can still retain IC description.

HOWEVER...

If the salon owner is collecting ALL monies and issuing a check to said nail 
tech-- whether it is an hourly rate or some agreed-upon percentage, that tech 
is STILL an employee!

And to color it any other way is illegal-- depending on state law, of 
course.....

JMHO

Melody Montgomery


Sent from my BlackBerry® wireless device from U.S. Cellular

-----Original Message-----
From: Diana Bonn <[email protected]>

Date: Sun, 05 Jul 2009 12:43:50 
To: <[email protected]>
Subject: NailTech:: Re: taxes/ independent contractor



WOW, Lynnette, that is a good question.

Well we do know that the owner will write that one off, because the 
owner is paying the receptionist.  So got that one.

I am thinking, we don't have the details, but sounds like the owner 
will be collecting the service dollars, paying the i/c a check and 
probably a line item of subtracting the cost of the receptionist.

The other I/C's, not new one, I wonder if they write a check to the 
owners or a check is cut.  If the i/c's write a check, they would 
write the receptionist fee off on their taxes.

But in this case of a new I/C, them paying her a comm and a 
receptionist fee, I am guessing they will cut her a check.  How would 
the new I/C write this receptionist fee off if she never received the 
service dollar?

Actually if you think about it, if she is receiving a commission of 
65% plus the fee, then you could think of it not as 65% commission, 
but a lower percentage, maybe 63 or 64% commission.

In other words, we will pay you 65% commission but you have to pay a 
receptionist fee, or we will pay you 63% commission and that includes 
a receptionist fee!! (numbers are estimates guys)

Wow, mind boggling, I just don't know.  I would guess no she can't 
write this off, but I am not an accountant.  Good question.  diana from indiana


At 11:14 AM 7/5/2009, you wrote:
>Diana,
>Great points as usual!  You made me think of this-- if the owner 
>takes $100 a month to pay the receptionist, who is claiming that? 
>How does THAT work?
>In this techs situation, there are way too many red flags......
>Buenos dias,
>Lynnette
>Sent via BlackBerry from T-Mobile









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