Reply to Who are the people spewing "misinformation" about ICs?

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Reply to "Who are the people spewing "misinformation" about ICs?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]In the end, it doesn't really matter what we all think.  The only thing that matters is what the IRS agent conducting an audit thinks.  [/quote]
Well yes, obviously, but [b]some of us [/b]find it quite disturbing that someone would randomly start a new thread with a misleading subject line regarding tax obligations. She is rather confident in her knowledge and in herself as an authority on domestic pay roll taxes, without the slightest indication of a desire to learn the accurate legal requirements. Misleading DCUM readers on such important legal matters should not be permitted, IMHO.[/quote]

I think it is "one of us".  What is your point?  You disagree?  Given the facts and circumstances in your particular case you don't think you have an employee?

Whether your cleaning person is an IC or an employee is a fact-specific detrmination you have to make on a case-by-case basis.  It is not true that all housecleaners are employees.  Nor is it true that all are ICs.

I suspect the OP of the other thread is either (i) someone who is a housecleaner or has a family member who is, or (ii) is someone who employs a housecleaner and is all up in arms because most of her housekeeper's other employers insist on treating her like an IC when she's not.  As a PP pointed out, there are ramifications to that, including social security.  Our housekeeper has the same situation and asked to work for us more days a week because she could not get anyone else to pay her legally besides us.  Everybody else wanted to treat her like an IC and also pay her under the table and she is worried about her social security.  We agreed to do it, by the way.  She's been with us ten years.

If I am right that the OP of that thread is an employer, then I understand where she is coming from, but I myself have never gotten worked up enough about it to start a thread on DCUM.  I figure that's those people's risk to run.  We did the analysis of our relationship with our housekeeper and decided she was an employee.  I have enough trouble minding my own stuff to go getting worked up about somebody else's stuff.

What I don't understand is the hysteria over "fear mongering".  I think you've used it about 15 times now, maybe more, on at least two threads.  People say all sorts of stuff that isn't legally true all the time.  Should I go around accusing those who incorrectly state, for example, that it is illegal to refuse to hire a nanny because she's [fill in protected category] of "fear mongering"?  This is exactly why you should NEVER take legal advice from DCUM.[/quote]

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