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  1. #1
    Join Date
    Feb 2015
    Posts
    1

    Default When is a Worker a Statutory Employee

    My question involves independent contractors in the state of: NV
    Hi..
    Greetings All..
    I am an employee of Company A based out of NJ. Company A has a contractual agreement to provide software services to Company B (Nevada) in their premises. I am working for Company B now as a Software Programmer through Company A.
    Company A takes care of my Payroll (W2), benefits etc. Company B accepts a monthly invoice on # of hours worked from Company A and settles.
    My question is, Am I considered as Statutory employee of Company B?

    Thanks for your time in Advance.

    Regards
    V

  2. #2
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: Statutory Employee or Not

    No, you are an employee of company A.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,137

    Default Re: Statutory Employee or Not

    The term “statutory employee” refers to certain situations in which an independent contractor is treated as an employee by statute for tax purposes. See the IRS explanation of statutory employee for the details. You are already an employee of Company A. So this isn’t a statutory employee situation. You are simply an employee of Company A that is leased to Company B.

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