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  1. #1
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Self Employed or an Employee

    The IRS uses these criteria.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Self Employed or an Employee

    Here you go.
    Quote Quoting Independent Contractor Definition s. 102.07(8), Wis. Stats.
    Under s. 102.07(8), Wis. Stats., a person is required to meet a nine-part test before he or she is considered an independent contractor rather than an employee. A person is not an independent contractor for worker’s compensation purposes just because the person says they are, or because the contractor over them says so, or because they both say so, or even if other regulators (including the federal government and other state agencies) say so.

    To be considered an independent contractor and not an employee, an individual must meet and maintain all nine of the following conditions:
    1. Maintain a separate business

    2. Obtain a Federal Employer Identification number from the Federal Internal Revenue Service (IRS) or have filed business or self-employment income tax returns with the IRS based on the work or service in the previous year. (See note below)

    3. Operate under specific contracts.

    4. Be responsible for operating expenses under the contracts.

    5. Be responsible for satisfactory performance of the work under the contracts.

    6. Be paid per contract, per job, by commission or by competitive bid.

    7. Be subject to profit or loss in performing the work under the contracts.

    8. Have recurring business liabilities and obligations.

    9. Be in a position to succeed or fail if business expense exceeds income.
    Note: When requesting a Federal Employee Identification Number (FEIN) from the IRS, the independent contractor inform the IRS of the requirement by Wisconsin Worker's Compensation law to obtain a FEIN. A social security number cannot be substituted for a FEIN and does not meet the legal burden of s. 102.07(8).

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Self Employed or an Employee

    Thanks for all the help. I am being advised by friends to seek reclassification from independent contractor to employee to be able to recieve unemployment benefits. Does anyone know how I should do this? Do I seek reclassification through the IRS or should I file for unemployment and seek it through them or should I retain a lawyer. I believe I have a pretty good case against them. Any help would be appreciated.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Self Employed or an Employee


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