Below is information about CAN A CONTRACTOR BE A CORPORATE OFFICER from a variety of sources. Please take a look at the materials that our team has selected for you.
https://www.quora.com/Can-an-executive-officer-be-a-contractor
A corporation could certainly designate somebody a "chief foo officer" without that designation affecting the person's otherwise-valid independent contractor status. At an extreme, a hamburger restaurant could hire a part-tie actor to play a role in online videos being the "chief pickle", and that person would not automatically become an employee as a result.
http://news.blueridgeesop.com/blog/who-is-considered-a-corporate-officer
The Definition of Corporate Officer The term officer means “an administrative executive who is in regular and continued service” as defined in Treas. Reg. §1.416-1, T-13. An employee’s status as an officer shall be determined upon all facts including “the source of his authority, the term for which elected or appointed, and the nature ...
https://www.robertschriebman.net/articles/officers-as-independent-contractors/
The bottom line is simple and basic – if you form a small California corporation and treat yourself as a corporate officer, you can not legally be an independent contractor. Professional who advise officers of small corporations that they can be treated as independent contractors for payroll tax purposes may be committing malpractice.
https://www.robertschriebman.net/articles/an-officer-of-a-corporation-or-llc-is-a-statutory-employee/
Is it possible to be both an officer and an independent contractor? Not likely. The overwhelming majority of people who work as officers of a corporation or an LLC are deemed to be employees under the law. That’s what being a “statutory employee” is all about. Both California and federal law say you must be an employee.
https://www.justanswer.com/law/dg5n7-corporate-officer-interim-ceo-llc.html
I know some states (e.g., California) don’t allow corporate officers to be independent contractors so wanted to verify what is allowable under DC law. It is the contractor’s request to remain independent. (I am not the contractor). Lawyer: Legal Eagle Understood. So in my research and in my experience, DC does not prohibit this specifically.
https://axislc.com/public/is-an-officer-of-a-corporation-an-employee/
The answer to this question is “Generally yes, but it depends,” but to help you understand why, and when an officer of the corporation would NOT be an employee, it is important to discuss the legal issues at play. Rules are Different for Corporations than LLCs
https://www.legalzoom.com/articles/appointing-officers-in-a-corporation
Officers are appointed by the board of directors to run the day-to-day operations of the corporation. Commonly, and by law in many states, a corporation will have at least three officers: (1) a president, (2) a treasurer or chief financial officer, and (3) a secretary. Officers do not have to be shareholders or directors, but they can be. There is no limit on the number of …
https://cslb.ca.gov/contractors/maintain_license/change_in_personnel.aspx
Corporate officers can be changed on a corporate license. Adding or removing a corporate officer (non-qualifier) does not affect the status of the license. If a corporate officer leaves the company, a Disassocation Request must be completed and sent to CSLB's Headquarters Office .
https://www.stimmel-law.com/en/articles/responsible-managing-officers-under-california-law
A corporation may qualify by examination for a contractor's license upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee.
https://www.avvo.com/legal-answers/as-an-owner-of-a-c-corp-can-my-company-pay-me-with-1357244.html
In general, officers of a company cannot be classified as independent contractors (there is a long line of cases on this point). Let's assume that you don't name yourself president, VP or an officer of your own corporation (which is highly unlikely) -- the IRS may still reclassify "contractor payments" made by your corporation to you as dividends.
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