Can An Officer Of A Corporation Be An Independent Contractor
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The bottom line is simple and basic – if you form a small California corporation and treat yourself as a corporate officer, you can not legally be an independent contractor. Professional who advise officers of small corporations that they can be treated as independent contractors for payroll tax purposes may be committing malpractice.
Is it possible to be both an officer and an independent contractor? Not likely. The overwhelming majority of people who work as officers of a corporation or an LLC are deemed to be employees under the law. That’s what being a “statutory employee” is all about. Both California and federal law say you must be …
An officer is classified as an independent contractor if he or she receives no compensation and performs no services, or only minor services, for the nonprofit. Example: Xavier is an accountant who serves as a nonprofit corporation’s treasurer on a volunteer basis, keeping the nonprofit’s books in order.
Jan 21, 2020 · I know some states (e.g., California) don’t allow corporate officers to be independent contractors so wanted to verify what is allowable under DC law. It is the contractor’s request to remain independent. (I am not the contractor).
Jul 02, 2019 · Generally, the level of degree and control over the officer negates the legal elements that need to be present for the person to be categorized as an independent contractor; and very few businesses are the type of businesses for which officers provide services for free (for example, in “labor of love” type charities where no person receives any compensation for any services).
Apr 14, 2021 · People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in …
A corporation could certainly designate somebody a "chief foo officer" without that designation affecting the person's otherwise-valid independent contractor status. At an extreme, a hamburger restaurant could hire a part-tie actor to play a role in online videos being the "chief pickle", and that person would not automatically become an employee as a result.
May 18, 2015 · It follows that the simple fact that an individual is a director or an officer of a company does not, in and of itself, exclude the possibility that other services may be provided by that individual as an independent contractor.
Aug 05, 2013 · In general, officers of a company cannot be classified as independent contractors (there is a long line of cases on this point). Let's assume that you don't name yourself president, VP or an officer of your own corporation (which is highly unlikely) -- the IRS may still reclassify "contractor payments" made by your corporation to you as dividends.
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