Independant Contractor Equipment

[aerialbenjamin]

I was working for a company as an independant contractor and was given the equipment necessary to do the job. Now the two owners are in the process of disolving the company because they can't get along. I just recieved a bill in the mail for the equipment I was given. Am I responsible to pay the bill? I was never asked to return the equipment. Any advise would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[justalayman]

did your contract address the equipment at all?

If not and there was no other agreement that they would purchase the equipment and you were to pay them back for it, I would simply return the equipment and be done with it.

 

[gogo589]

An independent contractor already has his own tools to do the job. They are not given them. Are you sure you were an independent contractor? Contractors often misclassify employees to avoid paying their share of taxes and providing insurance.

 

[pattytx]

"Given"? as in Here, you now own this?

or

Given as in, here, you will need this equipment to do this job?

 

[gogo589]

Either one pattytx. An independent contractor already has his own tools. An independent contractor essentially runs their own business. How do you run a business without the tools to complete the jobs?

The IRS has a list of 20 factors they use to determine if someone is a subcontractor or employee. That would be just one of the factors.

Check out this link for the rest of the factors. http://www.comptroller.ilstu.edu/downloads/20-factor-test-for-independent-contractors.pdf

 

[pattytx]

I know the common-law test for ICs as well as I know the back of my own hand, gogo589, although as a new member who has not searched this forum for my responses, you may not know that. But now you do.

ONE piece of equipment provided by the company to the worker is not, in and of itself, going to invalidate IC status.

 

[gogo589]

Why on earth would ANYONE search this forum for your responses? I'm trying to help out the OP, not educate you. I'm sorry your confused about the matter.

 

[cbg]

gogo, the last person on this board who needs eduction on that matter is Patty, who has over 30 years direct experience with it. You really need to stop insulting the senior members of this forum, since your own advice has been misleading at best and downright wrong at worst.

 

[Zigner]

I agree - gogo's been treading on pretty thin ice...

 

[gogo589]

If anyone was insulting, it was pattytx. She's the one who started with the attitude. Just go back and look how it started and you will see for yourself. I was actually being helpful to the OP.

Is that how it works on this site, the senior members must assert their dominance and anything anyone else has to say is wrong? When you get called on it, that's considered being on "thin ice"? Come on, the advice I gave was solid here. You can't prove me wrong, and it most certainly isn't misleading. Just check it out for yourself.

pattytx asked me a question and I answered it. I also expanded my answer for the OP, NOT pattytx. I think you misunderstood me. The fact of the matter is you don't have any idea of who I am or what experience I might have. Just because I don't have thousands of posts, it doesn't make my advice any less valuble.

I was trying to get more information from the OP and help educate him. From the sounds of it, you senior members like to debate who gives the better or more complete advice. I don't have anymore time to play your games. I'm actually trying to help people. You can take it or leave it, either way, I don't really care...

 

[justalayman]

so anyway;

as we all know, providing equipment to an IC does not make for a definitive ruling but is merely one of the several tests used to determine IC/employee.

especially if equipment is proprietary to a company, it is not unusual for the employer to provide specialized equipment to an IC. That in itself does not mean the guy was not an IC.

 

[steven200738]

I don't see anything wrong with gogo's answer. gogo was offering some advice, so what's the big deal? Sounds like you are all more concerned with debating, rather than helping the OP, which is what this site was intended for. Just because you disagree with the way someone gives their opinion or advice, it doesn't mean you have to bully them. If you have another point of view, just give it and don't bash someone else's opinion. I can only imagine how you will respond to this, but I won't come back to see. I have better things to do.

 

[pattytx]

but I won't come back to see. I have better things to do.

And that's supposed to bother us?

BYE-BYE!!!!!!!!!