Dear Karen: Nearly 80% of my revenue comes from one company on a 1099 basis. Will the IRS consider me that company's employee?
Answer: The IRS uses a checklist to evaluate whether individuals are independent contractors or employees, said Keith Hall of the National Assn. for the Self-Employed. If your major client controls the "who, where, when and how" of your work schedule, you're probably an employee for tax purposes. The company should withhold payroll taxes and send you a W2 form.
If you control your work product and have other clients, you're most likely an independent contractor and should get a 1099 tax form. In that case, you must pay relevant payroll and self-employment taxes yourself.
"It's very important to get the decision right because the IRS can second-guess, which could potentially lead to penalties and interest if taxes were underpaid," Hall said.