Originally Posted By: Russell Frame
This post was automatically imported from our archived forum.
In most cases, I do not believe that an HI business could legally hire an HI on a subcontracted basis to conduct home inspections for them, unless perhaps in the rare situation where a particular HI has specific skills worth subcontracting.
The government isn't stupid and they know that it is more attractive to hire people on a subcontracted basis than it is to deal with all of the responsibilities of having employees...that is why there are many rules which apply to this area.
For example. You can't specify how a subcontractor performs their work, you cant train them to do their job, they can't be integral to the core business operations, you can't interview or hire a specific individual to do the job, they can't work full-time, etc. etc. etc.
If you act like an employee....you are an employee in the eyes of the IRS. Regardless of whatever scheme your employer and you have cooked up.