WHAT QUALIFIES someone to be a subcontractor IN CALIFORNIA SO I CAN ISSUE A 1099?

Question

I HAVE A CLEANING COMPANY AND WOULD LIKE TO PAY A CREW AS SUBCONTRACTORS. WHAT DO THEY NEED TO QUALIFY AS A SUBCONTRACTOR. THEY GO TO SAME MAITENANCE JOBS WEEKLY WITH THEIR OWN TRANSPORTATION.

Answer 1

It is a matter of how much control you have and use over their work.  If you set the hours, tell them how to do the job, provide the tools, equipment and supplies, then they are employees and you have to withhold payroll taxes for them and forward them to the govt.  If you just tell them what you need done, and they set their hours and determine how to do it and use their own tools and supplies to do it, then they are contractors.

This will tell you more:

http://www.irs.gov/businesses/small/arti...

As you will see on that page, you can fill out an SS-8 and have the government figure it out for you.  But they sound to me like employees who happen to drive their own cars.

Answer 2

Do you set their hours when they work?  If you do they are probably employees, not subcontractors.