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Avoiding Trouble with the IRS

Whether you are considered an independent contractor or an employee is a critical difference in your tax liability, ability to utilize business deductions, legal standing, and so on. Here are the 20 so called “factors” which the IRS applies in the United States.

  1. Instructions. Employers should not tell the consultant how to do the job (e.g., how to consult).
  2. Training. The employer would not invest in training an independent contractor.
  3. Services. The independent contractor has the right to sub-contract and use his or her own employees without approval of the client.
  4. Non-integrated. Consultants should not be running an essential part of the client’s business. (Beware, “temporary” sales directors.)
  5. Assistance. Contractors control and pay their own staff.
  6. Length of service. Multiple contracts are all right, but otherwise long-term and perpetual work indicates employee status.
  7. Hours. Consultants determine the time necessary to complete an assignment.
  8. Volume. The client cannot insist that the consultant take on more work and thereby forego work for another client.
  9. Location. The client cannot choose where to work, unless the work can only be performed at one site.
  10. Sequence. Consultants determine the order in which they do the work.
  11. Reporting. Consultants should not be required to produce interim reports.
  12. Fees. Independent contractors are paid for results, not hours worked. (Does anyone still want to argue with me about the merits of value pricing overly hourly billing?!)
  13. Expenses. Consultants pay their own expenses and are reimbursed, and don’t have expenses directly billed to the client.
  14. Tools. Consultants do not have to use client equipment.
  15. Investment. Consultants have investments in their own business, such as equipment, home office, web sites, etc.
  16. Profits. Consultants can reap profits and incur losses, independent of any single client.
  17. Multiplicity. Consultants can work for more than one client simultaneously.
  18. Access. The general public can access and hire a consultant.
  19. Termination. Consultants cannot be fired at will as can employees.
  20. Liability. Consultants are liable for failure to complete a job and for poor quality of results of a job.

If several of these factors apply to your relationships, you may be vulnerable to IRS audit. Above all, if over 80% of your revenue is from a single source, you’re likely to be considered an employee of that source.

Million Dollar Consulting For the World

Million Dollar Consulting®

For the World

Accelerate your business to new heights withMillion Dollar Consulting® for the World, a new online learning experience from Alan Weiss.

Learn More

Your Legacy is Now

Life is not a search for meaning from others, it’s about the creation of meaning for yourself.

For over 30 years Alan Weiss has consulted, coached, and advised everyone from Fortune 500 executives, state governors, non-profit directors, and entrepreneurs to athletes, entertainers, and beauty pageant contestants. That’s quite an assortment of people, and they run into the thousands. Most of them have had what we euphemistically call“means,” and some of them have had a lot more than that. Others have been aspiring and with more ends in sight than means on hand.

Alan Weiss states:

I’ve dealt with esteem (low), narcissism (high), family problems, leadership dysfunctions, insecurities, addictions, and ethical quandaries. And I’ve talked about them through the coronavirus crisis. But don’t get the wrong idea. About 95% of these people have been well-meaning, honest (to the best of their knowledge), and interested in becoming a better person and better professional. Otherwise, they wouldn’t be talking to me.

I found the equivalent of the“runner’s wall” in their journeys, where they must break through the pain and the obstacles and then can keep going with renewed energy and spirit. But runners know how far they must go after the breakthrough, be it another half lap or another five miles. There is a finish line.

I’ve found that people in all positions, even after the“breakthrough,” don’t know where they are in the race, let alone where the finish line is.

They do not know what meaning is for them. They may have money in the bank, good relationships, the admiration of others, and the love of their dogs. But they have no metrics for“What now?” They believe that at the end of life there is a tallying, some metaphysical accountant who totals up their contributions, deducts their bad acts, and creates the (hopefully positive) difference.

That difference, they believe, is their “legacy.”

But the thought that legacy arrives at the end of life is as ridiculous as someone who decides to sell a business and tries to increase its valuation the day prior. Legacy is now. Legacy is daily. Every day we create the next page in our lives, but the question becomes who is writing it and what’s being written. Is someone else creating our legacy? Or are we, ourselves, simply writing the same page repeatedly?

Or do we leave it blank?

Our organic, living legacy is marred and squeezed by huge normative pressures. There is a“threshold” point, at which one’s beliefs and values are overridden by immense peer pressure. Our metrics are forced to change.

In an age of social media, biased press, and bullying, we’ve come to a point where our legacy, ironically, is almost out of our hands.

Yet our“meaning”—our creation of meaning and not a search for some illusive alchemy—creates worth and impact for us and all those with whom we interact.


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