Question

If I am an independent contractor do I fill out a W4?

I'm an independent contractor for a company and they want me to fill out a W4 in order to get paid. I thought they were supposed to just give me a check and at the end of they year they give me a 1099.

Doesn't me filling out a W4 suggest and employee - employer relationship instead of an indepenent contractor relationship?
They are also wanting me to work from 8 - 5 and write down what calls I make and log in and out for lunch.

This just seems like it's too much of an "employee" status and not independent contractor.
They are also wanting me to work from 8 - 5 and write down what calls I make and log in and out for lunch.

This just seems like it's too much of an "employee" status and not independent contractor.

6 years ago - 2 answers

Best Answer

Chosen by Asker

No reason to complete a W-4, they shouldn't withhold tax. Won't hurt you to complete.
Could imply an employee / employer relationship.
Could be bad for them if they are trying to hide employees as contractors. Wouldn't affect you.

Additional
Go to the IRS home page and Look up Independent Contractor:
If Company can direct or control only the result of the work done, and not the means and methods of accomplishing the result, then your workers are probably independent contractors.
Three broad characteristics are used by the IRS to determine the relationship between businesses and workers - Behavioral Control, Financial Control, and the Type of Relationship. Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training, or other means. Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job.

The example you gave sounds like they are paying you an hourly rate. They have the right (contract) to control the hours and amount of time they compensate an independent contractor.

If the two of you don't agree on your status form SS-8 can be completed and the IRS will determine the status.

6 years ago

Other Answers

Do you have any other customers? Do they have the right to tell you how to perform the work rather than the right to demand certain results? Do they control your work hours? Do they carry worker's comp insurance on you? Do they pay unemployment insurance on you? Do you carry contractors liability insurance? All these things will determine your status.

Source(s)

by Bibs - 6 years ago