# Short notice?



## AFOREMA1 (Jun 25, 2009)

The largest and best test for IRS difference is what I have already posted. If your sole employment is working for one single person or entity then you are in fact an employee in order to be an independent contractor you must garner work from one source in the IRS's eyes.

As for telling subs to be on a job at a certain time it happens all the time and is necessary that is only one of the factors in determining if you are an independent or employee. It does not make you an employee of and by its self. Again the most defining factor is whether this is your sole and primary source of income or do you have multiple streams of income.


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## flashheatingand (May 3, 2008)

The o/p trade was a repair man, and he mentioned that he does do hvac work. The client needed something fixed asap. These things happen. As a hvac guy, I realize that if I don't get there asap, someone else will, it's just the nature of the business.

I don't claim to know the details of the client, but in general, it's not rare for something that needs to be dealt with asap in the repair field


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## swilbanks75 (Mar 20, 2011)

flashheatingand said:


> The o/p trade was a repair man, and he mentioned that he does do hvac work. The client needed something fixed asap. These things happen. As a hvac guy, I realize that if I don't get there asap, someone else will, it's just the nature of the business.
> 
> I don't claim to know the details of the client, but in general, it's not rare for something that needs to be dealt with asap in the repair field


This is true as pertaining to HVAC work for sure. No doubt about it. However, this is strictly paint work. Of course, if it were the former, it would be understandable. I agree with your comment, though.


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## swilbanks75 (Mar 20, 2011)

Framer53 said:


> Actually that is incorrect. A person can only be a sub if they meet the IRS guidelines for a sub contractor..
> 
> To answer the previous question if the person didn't have a set schedule, provided all tools, etc.. he can be classed as a sub.


Yes sir. We also bid our own jobs. I always buy my own tools. I meant that this is the only contractor we do work for, but we also do our own jobs. It doesnt matter because I pay self employment tax of 15%+ so Im sure Uncle Sam is ok with it. I hope this clears things up a bit.


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