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Independent Contractors—Questions & Answers—Federal

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Are we required to have independent contractors fill out an I-9 Form and provide documents that establish identity and employment eligibility? 



Can an independent contractor participate in a company's 401k plan and/or stock option plan? 



How can an employer obtain an Internal Revenue Service (IRS) determination regarding the status of a worker or a class of workers? 



I use a lot of independent contactors; are they considered my "employees"?  



With a serial killer scare in our area, our carriers are constantly stopped by the local police, who want identification. What could we give the carriers to show police and not jeopardize the "independent" status of our carriers? 



We are thinking to hire a consultant overseas; however I would like to know how to report him/her to IRS (1099 purposes) any ideas? 



What are the differences between using an independent contractor or an individual who is incorporated? Does the IRS 20 factor test apply to an individual who is incorporated? 



we are planning to hire "statutory" employees. We intend to pay them on an hourly basis, but not offer benefits, but we will supply them with our technical equipment and support. Is there anything I should know about this senario? 



If I bring on a consultant that bills me for hours worked -- do I need to get any special paperwork filled out from them? Also, are they eligible for time and a half if they go over 40 hours? 




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• Withholding
 


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