If I send A to work in a firm and the firm pays me for A’s services can I treat A as an independent contractor?

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If I send A to work in a firm and the firm pays me for A’s services can I treat A as an independent contractor?

I started my own business as a free lance paralegal. A local frim needs my services but I have another job at that time. I know someone (A) who can complete that job at the local firm. I would like to charge the local firm for the services and pay A as an independent contractor, 1099. Are there any problems with that and will the IRS etc.. treat it that way?

Asked on June 16, 2009 under Business Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This is really an income tax question, and it's a bit of a close thing, because a paralegal might be considered not quite independent enough to be an independent contractor.  It's probably legal, but I think your best bet is to check with a CPA to be sure.


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