Below is information about CORPORATE OFFICERS INDEPENDENT CONTRACTORS from a variety of sources. Please take a look at the materials that our team has selected for you.
https://www.robertschriebman.net/articles/officers-as-independent-contractors/
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined
Independent Contractor Defined. People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these ...
https://www.justanswer.com/law/dg5n7-corporate-officer-interim-ceo-llc.html
The trouble is that corporate officers are almost ALWAYS employees because of the nature of the relationship and the scope of the work. This means that the LLC can do this, but my concern is that if this CEO has a change of heart, they can file a wage claim, plus there may be issues with paying payroll and unemployment insurance taxes.
https://www.independentcontractorcompliance.com/2021/08/16/ceos-may-be-personally-liable-for-independent-contractor-misclassification-july-2021-update/
A veteran executive recruiter has filed a lawsuit in federal court alleging violations of the Employee Retirement Income Security Act and the California Labor Code for failure to provide pension, bonuses, and paid time off due to the fast food company’s alleged misclassification of him as an independent contractor. According to the complaint ...
https://www.nolo.com/legal-encyclopedia/are-your-nonprofit-directors-officers-employees-ics.html
https://www.thefreelibrary.com/IRS+provides+guidance+on+corporate+officer%27s+work+status...-a067152652
Section 530 Relief for Corporate Officers and Submission of a Form 1099 as Sufficient Treatment for Independent Contractor Status. Under Section 530 (a) (1) of the Revenue Act of 1978, termination of certain employment tax liability is appropriate if a taxpayer (1) did not treat an individual as an employee for any period, (2) consistently ...
https://www.robertschriebman.net/articles/an-officer-of-a-corporation-or-llc-is-a-statutory-employee/
When the EDD selects your company for audit and demands the production of your 1099s for the past three years, you can count on an assessment for unpaid employment and withholding taxes, several levels of penalties, together with interest on both the tax and penalty portions. Taking a 1099 as a corporate officer is just flat out wrong.
https://www.quora.com/Can-an-executive-officer-be-a-contractor
Answer (1 of 4): I can't advise you on the legal questions ("jurisdictional nexus") in your question (I am not an attorney), but it is common practice for restructuring firms to parachute into failing firms, install one of their employees as (for example) the failing firm's CEO or CFO on a contra...
https://axislc.com/public/is-an-officer-of-a-corporation-an-employee/
For a corporation, including a C Corp. and an S Corp., generally, officers are considered employees of the corporation, if they’re being paid to provide services rendered. An officer of a corporation is the person who handles the day-to-day affairs of the organization. So for example, the president who oversees the staff and activities of the ...
https://www.sec.gov/Archives/edgar/data/1084966/000136570107000032/exhibit104.htm
Management Company and its employees, consultants and independent contractors will not, during the term this Agreement and for one year thereafter, directly or indirectly (whether as an owner, partner, shareholder, agent, officer, director, employee, independent contractor, consultant, or otherwise) with or through any individual or entity: (i ...
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