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Contractor or employee?

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Looking for some overall advice and/or a poll of how most shops do it...


I have a tinter who has been tinting with me for about a year...


He has been invoicing me for his work and I have been paying him.


He tints for another shop as well and I think maybe he tints for "himself" on the side sometimes too... I have no idea how the other shop pays him or classes him.


Basically we call him if we need someone to tint, he quotes us prices to do the cars and he uses our tint and shop but his own tools, transportation, etc.


I have read the IRS forms on this and to me he is a contractor though it seems to be a very gray area.


I know there are a lot of shops that 1099 people though....


I am be audited by the state and in the event they ask I really want to have a clear answer on this...


Thanks in advance.

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First off, I would talk to your accountant. In that situation, I would consider him a sub contract. He provides you a service for fee and is not a employee under your direct control. He provided his own comp and liability and you 1099 him. If you are making the check out to his business it's a no brainer, if it is being made out to him personally it may be a bit muddy.

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