1099 for full-time hospitalist

[peterish]

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Hi, full time hospitalist here. I asked my employer to pay me as a 1099 employee instead of W2, but they are unwilling. The reason I want to make the switch is for tax purposes. Is anyone here in the same boat and has had success or failure negotiating this with their employer? I was not explained why my request was denied.

 

[rokshana]

Hi, full time hospitalist here. I asked my employer to pay me as a 1099 employee instead of W2, but they are unwilling. The reason I want to make the switch is for tax purposes. Is anyone here in the same boat and has had success or failure negotiating this with their employer? I was not explained why my request was denied.

Why? Unless you have formed an llc, it is a bigger pain to be 1099...plus are you asking to forgo benefits to become An independent contractor?

 

[perita]

To qualify for independent contractor, no one can tell you your scheduled. You are suppose to work whenever you feel like it. I don't think your employer wants to deal with that.

 

[rokshana]

To qualify for independent contractor, no one can tell you your scheduled. You are suppose to work whenever you feel like it. I don't think your employer wants to deal with that.

That is so not true

 

[NITRAS]

I think more accurately, the IRS has guidelines on what is an employee and what is a contractor.

 

[ThoracicGuy]

Why? Unless you have formed an llc, it is a bigger pain to be 1099...plus are you asking to forgo benefits to become An independent contractor?

Why is an LLC easier for 1099 compared to sole proprietership for it?

 

[perita]

That is so not true

That is the IRS guideline. I used to have a company. People usually don't comply but that is what the IRS said. You are your own company, as the owner you do are not obligated to follow somebody else schedule.

 

[Sushirolls]

There are IRS rules. And each state also labor and industries rules.
Most 1099 contractor jobs in medicine shouldn't be, and puts the employer at risk. Should you choose to sue later that you weren't a contractor but an employee and denied the full range of benefits, it will really hurt the employer. They are smart to not do it. Liability reduction.

 

[end stage fibro]

That is the IRS guideline. I used to have a company. People usually don't comply but that is what the IRS said. You are your own company, as the owner you do are not obligated to follow somebody else schedule.

im fairly certain this is correct. the key phrase is behavioral control, which includes scheduling.

OP: ignoring the above, having you as the sole 1099 on staff with everyone else being w2 would cause lots of headaches for your "employer." Furthermore, you'd have to really crunch the numbers to ensure the compensation package as a 1099 is > W2 work. we need more details for a meaningful, albeit academic, answer.