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Marriage, moving, and working remotely - Visa options

Marriage, moving, and working remotely - Visa options

Old Nov 10th 2022, 8:17 am
  #16  
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Default Re: Marriage, moving, and working remotely - Visa options

Originally Posted by MidAtlantic
Nope! https://www.irs.gov/businesses/small...ractor-defined : You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor and your earnings are generally not subject to self-employment tax. However, your earnings as an employee may be subject to FICA (social security tax and Medicare) and income tax withholding.

This is one area where the IRS (and HMRC for that matter) is giving more scrutiny.
Thank you for this info and apologies to newacct. Then it would indeed seem to hinge on just what the OP's situation is with his small IT company. I've been an independent contractor here for thirty years, but I guess I am not subject to control of how my services are performed!!!
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Old Nov 10th 2022, 8:43 am
  #17  
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Default Re: Marriage, moving, and working remotely - Visa options

Originally Posted by MidAtlantic
Nope! https://www.irs.gov/businesses/small...ractor-defined : You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), then you are not an independent contractor and your earnings are generally not subject to self-employment tax. However, your earnings as an employee may be subject to FICA (social security tax and Medicare) and income tax withholding.

This is one area where the IRS (and HMRC for that matter) is giving more scrutiny.
This is a subject where professional advice is needed. And income taxes are not the only issue. A lot more information is required.
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