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1099 or w2? (1 Viewer)

mitchh1124

Footballguy
I am a personal trainer for a local gym and today we had a meeting. The owners wanted to convert us to a 1099. My problem is ..we are still getting paid by the rates the gym makes. We use their facilities I do not have my own equipment. We even still have to wear that gym's training t shirt. I myself, do not believe we fall under this category. If I pull someone off the street to come workout their and I tell them it cost 500 dollars per month and ill train you Monday thru Friday. The gym gets the 500 and I only get 10 per session..that doesn't seem like the word "self employed"

Am I wrong?

thanks for any help.

 
I just had a conversation with my accountant and he said the IRS is really cracking down on the 1099 employees.  He said they only allow 3 types of 1099 employee's now?  Might be something to look into either way if it would put you in harm's way, tax-wise.

 
I have been treated as an independent contractor. After reading that article there is no way I am an independent contractor.

 
I am a personal trainer for a local gym and today we had a meeting. The owners wanted to convert us to a 1099. My problem is ..we are still getting paid by the rates the gym makes. We use their facilities I do not have my own equipment. We even still have to wear that gym's training t shirt. I myself, do not believe we fall under this category. If I pull someone off the street to come workout their and I tell them it cost 500 dollars per month and ill train you Monday thru Friday. The gym gets the 500 and I only get 10 per session..that doesn't seem like the word "self employed"

Am I wrong?

thanks for any help.
You aren't a 1099 and your company is trying to commit fraud

 
Dot.

Office has been trying to make me an employee, but I've been fighting to hold on as consultant for tax reasons. Looks like I've won for now.

 
I just had a conversation with my accountant and he said the IRS is really cracking down on the 1099 employees.  He said they only allow 3 types of 1099 employee's now?  Might be something to look into either way if it would put you in harm's way, tax-wise.




 




 
did he say why or how they are cracking down?  I run a small biz on the side (graphic design) and 100% of my revenue is 1099 based (my clients issue me a 1099) and I have 1 guy who helps me and I issue him a 1099. We both work out of our houses, no physical office. 

or is he talking about businesses that have an in-house staff of 1009 based people? 

 
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The way I always understood it, a 1099 contractor is independent. meaning they set the rate of pay, they set the hours, etc. You ask me to do a job, I tell you how much and when. Once the "employer" sets a rate or times, they have an employee. 

 
did he say why or how they are cracking down?  I run a small biz on the side (graphic design) and 100% of my revenue is 1099 based (my clients issue me a 1099) and I have 1 guy who helps me and I issue him a 1099. We both work out of our houses, no physical office. 

or is he talking about businesses that have an in-house staff of 1009 based people? 
You're OK.

 
I told the owner this means I don't have to wear the company t shirt anymore right?

he said we want people to know you are a trainer so you have to wear the business shirt.

he kept referring to the clients as his members 

cause I said..if i sell training for 5000 dollars why don't I get all of that money and pay you monthly rent?

his reply, it's my facility and my members ..I'm paying the electric bill blah blah

doesnt even make sense?

**basically kept hinting at he could fire me**

lol

 
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I told the owner this means I don't have to wear the company t shirt anymore right?

he said we want people to know you are a trainer so you have to wear the business shirt.

he kept referring to the clients as his members 

cause I said..if i sell training for 5000 dollars why don't I get all of that money and pay you monthly rent?

his reply, it's my facility and my members ..I'm paying the electric bill blah blah

doesnt even make sense?

**basically kept hinting at he could fire me**

lol
Yeah he's screwing you over.  You are definitely an employee.  Start documenting all your dealings with this guy.  If he fires you I'd contact your state department of workforce development office.  They will be happy to pay him a visit.

 
Take a look at this IRS 20-point test.  These will give you a good idea whether you're self-employed or not.  

The company's benefit is that if you're self-employed, they don't have to pay FICA tax.  But that means you'll not only pay the 7.65% that's currently withheld, but you'll also have to pay the 7.65% match that's otherwise paid by the employer.

 
Take a look at this IRS 20-point test.  These will give you a good idea whether you're self-employed or not.  

The company's benefit is that if you're self-employed, they don't have to pay FICA tax.  But that means you'll not only pay the 7.65% that's currently withheld, but you'll also have to pay the 7.65% match that's otherwise paid by the employer.
On the flip side a 1099 can write off mileage and health insurance

 
I run a personal training business. We pay salary and hourly not 1099. But we don't work as part of a large gym - rather we are a small boutique studio business. The trainers aren't commissioned either. Work and get paid for the hours you work. We bonus the whole staff if certain goals are met. 

Lots of trainers in bigger clubs are 1099 though. 

 
did he say why or how they are cracking down?  I run a small biz on the side (graphic design) and 100% of my revenue is 1099 based (my clients issue me a 1099) and I have 1 guy who helps me and I issue him a 1099. We both work out of our houses, no physical office. 

or is he talking about businesses that have an in-house staff of 1009 based people? 
I was talking to him about hiring another optometrist at my practice and using it as 1099 and he started talking about this.  Sounds like you're fine. 

 

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