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Hearing rumors at work about us possibly being offered positions as 1099 contract employees. Anyone here have any experience with that? How does/did it work out?

Last edited by chesterwy; 03/12/21.
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“1099 employee” is an oxymoron. Sorta like “military intelligence” and “jumbo shrimp”.


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Originally Posted by mrchongo
“1099 employee” is an oxymoron. Sorta like “military intelligence” and “jumbo shrimp”.

You’re correct. I’ll rephrase it.

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You should tack ~$30/hr onto your current rate to break even.


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It means you are your own employer, and pay your own taxes.

They send you a 1099 form at the end of the year and report what they paid you to the IRS, and YOU are responsible for the applicable taxes, and withholding, etc.


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make sure you deduct everything you can, get someone who knows what they're doing to do it.


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Hint: They are not doing it because it's a better deal for employee's


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Originally Posted by rockinbbar
It means you are your own employer, and pay your own taxes.

They send you a 1099 form at the end of the year and report what they paid you to the IRS, and YOU are responsible for the applicable taxes, and withholding, etc.

This.

I did this one year and learned never to do it again, except to own your own business. You will have to pay both sides of Social Security and your own taxes. The company saves a ton. I would ask for a raise to cover your extra expenses if you decide to go this route.

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And no benefits like paid vacations or medical coverage. You pay for those yourself. Also it's easy to "fire" you. Just tell you not to come in tomorrow. No severance pay.

I don't know what you do for a living but you'd better write your resume.


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I pay my brother as a contractor. He has a LLC. It works well if you can't or don't want to afford the cost of having employees. Sounds like your company is looking to tighten the belt.


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Tighten up the resume.


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I work in a somewhat rarified field that pays well. As a contractor I make even 3x more. Even without the benefits and covering them myself, I make substantially more. If you have a spouse you can piggyback off their ins. Make quarterly tax estimate payments. I filter moneys through a separate account to keep track, then transfer to pay myself. I like being a contractor because I can make my own schedule and take as many days, weeks, or months off as I want. It works in my field but in many... you are gone when they say you’re gone.

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Virginia it’s damn near impossible. You work there every day, take orders from the boss, you’re an employee. You get caught 1099’ing guys, $10,000 fine per man. Hopefully it kills all the idiots running illegals.



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You get to pay both sides of the social security tax, have to make quarterly estimates if you don't already do that, and all the other stuff a contractor does. You also get to pay for your health insurance, liability insurance, unemployment, and may have to get a business license in some locales. As noted where it falls apart is if they treat you like an employee then you are one. Someone said add $30 to your hourly rate where you work now but it can be more like 50% to 70% of your current pay rate rate to cover your additional costs.

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You prob won’t be covered on his workers comp insurance, so you may have to take care of that yourself. You will be considered self employed and no payroll taxes, nor social security will be taken out of your check.
If the guy you are working for dictates your hours every week, his insurance may catch up with him and he may end up paying back insurance fees also, as you will be considered an employee in their mindset.
It would be more lucrative for you and more so for him until something goes wrong
I am speaking for how things are handled in New York State. I was a home builder for 35 years with many employees over the years.
May be different in other states
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I have been a 1099 contract labor for 33 yrs. but I truly work for myself. but as stated above it means you have to be dedicated. you have to put away all tax money and pay in on your own. the ss tax is doubled then there is the self employment tax. it usually comes out to be about 28 percent in the end after all deductions I can muster up. but also as stated above, in most states if you are told what and when to do or when to be done , when to be there or how many hrs to work, it becomes an employee situation . the irs frowns on greatly. never heard of a 1099 employee. then there is the thing called work comp insurance and general liability insurance. wheeew that is based on how much you make at the end of the yr.the thing i do the most in my yearly opperations is handle a lot of money from one person to another, and I just take my lil cut out of it on the way by. dont get me wrong , I make a very good living. but it is a 18 hr a day thing.


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Originally Posted by chesterwy
Hearing rumors at work about us possibly being offered positions as 1099 contract employees. Anyone here have any experience with that? How does/did it work out?

If you are in IT, you are about be "H1B'ed..." As stated above, talk with a professional. To break even with your current situation, you need to consider:

> Add at least 30% to your gross salary to cover increased taxes.
> Does your spouse work, and does she have paid insurance available thru her employer?
........If YES, add the upcharge on her monthly pre-Tax insurance contribution to your salary.
........If NO, add $15-20K per year to your salary for insurance coverage.
> Add $500 to $1000 per year (estimated) for professional liability insurance.
> Add necessary costs to file DBA paperwork with local courts.
> Add costs to cover local payroll taxes if you are going to "work from home".
> Add what ever level of $$$$'s your employer was contributing to a retirement or 401K.
> Add any professional fees, dues, or CEU's covered by your current employer.
> Talk to your tax guy about setting up a home office. Home office deduction is minor. However, it sets you up for...
> Track all of your work related mileage. If you have a home office, all mileage to your "former place of employment" should be deductible at the current rate per mile.

> If your new employer puts you on an hourly rate... Take 2080 work hours in a year and subtract out the number of hours/days/weeks you plan to take off during the year. Then subtract out the number of holidays that your "former employer" normally shuts down operations. Then subtract out the normal number of sick days, funeral, and doctor visits you have in a year. That final number (generally in the 1700 to 1800 range) is the total number of billable hours that you will be compensated for in a year. Adjust the hourly rate accordingly.

> Will they be paying you premium pay for hours over 40 per week? Or flat rate $xx per hour for 1 hour worked, or 100 hours worked ? If you normally draw premium pay (time and half or double time) factor the loss of premium pay into the new pay rate.

> Polish up the resume...

Been "Down sized", "Right sized", "Out sourced" and "In sourced" 5 or 6 times in past 30 years. I feel for you. Good luck...



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I had an offer to do a full time contracting gig right before covid. Was for a company in The Philippines. I put together a spread-sheet to take into account vacation, health care, taxes. I wanted to clear about what a $160K salary would have got me if directly employed. Figured it would take about 195K to make it work.

Got the offer, but covid killed it.


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A employer 'switching over' to that concept is a little odd and legally challenged could be questionable.

I was in a legal battle with the state of Montana over 'was he a contractor or employee'?

They wanted their state comp payments.

I had to complete a 100 question form they handed me.
A couple of the questions I can recall off the top of my head read like this,

Did the man use your tools?, if so he was your employee.

Did the man have set work hours? If so he was your employee.

Was he paid a hourly rate or did he bid for the work he did for you?

Did the man operate your equipment or other vehicles owned by you? If so he was your employee.


It went on and on with similar questions.

My situation was spurred by a audit, I'd never even tried to write off the funds that came into question. It was just checks I'd written to a random dude I had paid to do a few odd ball projects over the years.

I'd paid him a hourly and he used some of my tools and equipment, I was screwed.

If your employer is attempting to get out of paying state workers compensation and other possible insurances and liabilities they'd better be getting some good legal advice and walk a tight line in their transition or it's going to come back and bite them in the azz.

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There are strict rules around what an independent contractor is; break them and the powers that be are on you like flies on poo. Mostly, the strict rules apply to the employer, not so much the contractor. By law, the employer cannot tell you how to do your job, just what the job is and when it needs to be done. The employer cannot restrict you from finding other work either. So you can work for more than one employer, which can increase your income. You absolutely have to increase your billing/bid rate 150-200%. All the fees that an employer typically pays for like, some taxes, health insurance, liability insurance, computers, phones, office space, etc are on you. I run my own engineering business and have 1099 CAD contractors and am a 1099 contractor for other firms like architects and builders. You will quickly hate the IRS and taxes worse than Pelosi/Schumer. Actually maybe it's a tie.

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