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- HOW TO BECOME AN INDEPENDENT CONTRACTOR
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- If you structure your job properly, you can turn
- an employer into a client and end up getting more money
- for doing the same job by becoming an independent
- contractor. Your former employer no longer has to pay
- your Social Security, unemployment compensation taxes,
- or workman's compensation benefits. And he is free
- from the bookkeeping headaches of calculating and
- deducting Social Security and income taxes and
- forwarding the money to the government, of processing
- paperwork for your health insurance, and of providing
- you with supplies.
- You may be able to negotiate splitting some of
- those savings with your boss when you go solo.
- Don't dismiss this option as a wild-eyed dream
- reserved for mavericks. Thousands of mainstream folks
- do it each year. House painters, floor layers,
- researchers, writers, custom seamstresses, management
- experts, engineers, carpenters, electricians, insurance
- claims processors, bookkeepers, and people from dozens
- of other fields successfully turn to private
- contracting -- at least in part as a means of reducing
- taxes.
- Independent contracting won't relieve you
- completely of taxes. But you pay income tax only after
- deducting all your business expenses, including some
- personal and fringe benefit expenses. (More on this
- later.)
- In addition to income taxes, you pay Social
- Security tax, in the form of "self-employment tax,"
- which is about 2% or 3% less than the tax companies pay
- for employees.
- The IRS is well aware of the tax benefits of being
- an independent contractor, so follow the rules. One
- mistake, and the IRS may attack. The courts tend to
- back up the IRS on this issue. You also cannot dodge
- tax withholding by going out on your own. You must
- estimate your income taxes for the coming year and send
- a quarter of the estimated amount to the federal and
- state government each calendar quarter.
- The key to determining whether you are an employee
- or a contractor is the degree of control you have over
- your work. The more control you have, the more you
- look like an independent contractor. The more your
- boss can boss you around, the more you look like an
- employee.
- To appear independent -- at least to the IRS --
- you have to control the number of hours you work and
- when you work them. It also helps to get paid by the
- product rather than by the hour. A true independent
- contractor should also control everything about a job
- except the result. Your client generally cannot
- dictate how to reach that result. His only legitimate
- concerns are the quality of your product and how long
- it took you to do it.
- Eventually -- but the sooner the better -- you'll
- need to pick up more clients. If you work as an
- employee for a number of years, then convert to
- independent contractor status, you could be in trouble
- if you still spend 90% of your time working for your
- former boss. The IRS may view this as an employment
- relationship. Try to line up small assignments with
- other firms as soon as possible.
- This may seem tough, but you'd be surprised how
- many new independents get flooded with work.
- Another sticky point with the IRS is office space.
- You must have an office in your home or somewhere other
- than on your former employer's business premises. Some
- advisors say you should only have office space you pay
- for if you want to look like an independent contractor.
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- Also, pay for your own office supplies and
- equipment. Make sure you have basic supplies that make
- you look like a business -- such as stationery and
- business cards.
- Put together a written contract covering all these
- points. It can be as simple as a "letter of agreement"
- between you and your new clients outlining the product
- you will deliver, when it is due, and what your fee
- will be. Having a contract doesn't seal your case, but
- it creates a strong presumption in your favor. The IRS
- will check the facts to see if the parties are abiding
- by the contract.
- Under new tax laws, the IRS looks more closely at
- these arrangements than in the past. If you plan to
- work as an independent contractor for just one company,
- it's a good idea to talk to a professional tax advisor.
- A change to consultant with your current employer
- will allow you to negotiate your benefits to a dollar
- value included in your fees. Take into account the
- value of benefits such as sick leave, employee
- discounts, and health, disability, and life insurance.
- As an unincorporated business, you must pay for these
- items yourself, and for the most part, they are not
- deductible on your tax return.
- The self-employment Social Security tax of 12.3%
- is a big bite and is not deductible for you or the
- business. Balance this with the benefits. If you
- incorporate -- an option we'll get to later -- you can
- deduct some of these expenses. Keep in mind too that
- you may be able to get your new client to boost your
- fee to cover these items.
- If you don't incorporate, you may be able to take
- the lucrative home office deduction. Whether you
- incorporate or not, you can deduct many otherwise
- personal expenses.
- If you're not sure about breaking away from the
- security of your job right away, start with a sideline
- business in your spare time. You can keep your present
- job while starting on the road to self-employment and
- make the full-time jump later, if ever.
- The easiest way to do this is to make a business
- out of something that you love to do and are spending
- time and money doing anyway. Whenever you can convert
- a personal expense into a business expense, you can
- save tax dollars. Even if you're not realizing profit
- on it you may as well gain the tax advantage. There
- are countless sideline business possibilities: real
- estate, accounting, free-lance writing, graphic art,
- auto repair, teaching night school, and tutoring. If
- you make crafts for friends and relatives, start
- selling them at flea markets and fairs. Look for
- distant craft shows, combine the business with your
- vacations and write off not only the craft supplies
- (which you were buying anyway) but also part of your
- vacations (which you were taking anyway).
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