iceman4poc
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Commercial diving is one of those industries where you can't exempt out of Worker's Comp unless you form a corporation. So, when they pay you as a contractor, and can't prove that you carried Worker's Comp or provide an exemption for workers comp, the admin people of WC tend to arrest first and ask questions later. I loved seeing that happen in the construction industry. -- If you don't believe me, just call up the Worker's Comp admin and ask. They love to find employers not paying that stuff.
So, At least here in FL, a few things have to happen. First, I would have to create a LLC or INC. Then I have to submit the form to the agency responsible for exempt myself from Worker's Comp. That fee used to be $35. I have no idea what it is now. Then I have to get an occupational license for the city my corp resides in. Also, I might be required to get an occupational license at the county level. Some municipalities require me to have this license for every city I work in. Which is dumb. Then, I have to sign the I9 from the employer stating that I know that I'm getting a 1099 at the end of the year.
You see, like the good boys in the key's figured out a few years ago, you can't just arbitrarily say, "poof, you're a contractor and here's your 1099". If you ever reported that improperly issued 1099, the IRS takes a pretty close look and the fines start flying.
After retiring from 'being an accountant' as we call it, I can tell you that if a person or persons work unsupervised and are paid by the amount of work they perform or provide and furnish all their own equipment/tools/etc they are considered 'contractors' by the IRS. Where you got your information is unclear to me. Being a corporation does not allow someone to avoid workers comp anyway. Being a sole proprietor does. Being a corporate officer does if the corporation has a written corporate resolution stating corporate officers are exempt from workers comp. But being a corporation and an officer of it, the cost of WC for a Pres/CEO/Director, is a very small percent of what the rank and file are charged because of the risk they take verses no risk at all by the execs.
DocHaley
i worked for a boat hull cleaning company in so cal for 12 years. the IRS stepped in said we were employees , company went to court.and won just like dochaley said .
Doesn't work in the UK. The clincher is whether the individual has autonomy to give the work to someone else, but still be paid; and deside when and where to do the work. If they can't do these two things they're employees. See HMRC here. And divers and golf clubs have fallen foul of it.this is 100% correct. i worked for a boat hull cleaning company in so cal for 12 years. the IRS stepped in said we were employees , company went to court.and won just like dochaley said .
At $0.07 per ball how much can the diver expect to earn? This looks like a money making deal for Steve Helms and a change for someone to get wet.