Legal Question in Tax Law in California

I recently moved to California and I plan to continue to work with with the same New Mexico-based company I worked with before. The plan is that I'll become an independent contractor rather than a regular employee. How do I go about doing this in CA?


Asked on 7/16/10, 9:15 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

There is nothing you need to do to be an independent contractor unless you area of work requires a license. But remember, as an independent contractor you have no worker's compensation coverage, no medical coverage, do not have to be paid time and a half for overtime, no job protection, employer does not set aside money for federal and state taxes, no social security coverage, etc. Is it worthwhile for you to chabge job status?

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Answered on 7/16/10, 1:17 pm
Donald Field Donald L. Field, Jr., Attorney at Law

you will need a written contract with the New Mexico company. also, depending upon the facts of your situation, neither the irs nor the edd may agree that you should be classified as an independent contractor for payroll tax purposes. this would primarily have negative consequences for the New Mexico company, rather than you, however. you should retain a qualified attorney to advise and assist you with this process.

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Answered on 7/18/10, 9:22 am


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