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i would like to subcontract some jobs to other persons

Discussion in 'Taxation' started by Peter Smith-Jones, Apr 19, 2019.

  1. Peter Smith-Jones

    Peter Smith-Jones Law Topic Starter New Member

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    hello i received a 500 dollar computer for a work from home program from a call center company and i was terminated from the program for suspicion of not being able to prove my location. I do remember signing documention that this was company property and was to be returned to the company.

    There are no trade secrets or any data on the computer i would imagine as it is only a client that doesnt allow saving information and connects to the company server for operation. I have gotten an email and phone call every week saying to return the equipment for the last 4 weeks.

    As soon as I was terminated the employer basically locked the computer so it wasnt able to connect to the internet.

    What kind of legal actions could the company take if I decided to not return the computer?

    Would the company sue me for destroying computer property or charge me with a felony if i wiped the hard disk and reinstalled windows 7 and returned it to them?

    If I did indeed wipe the hard disk and and reinstalled a windows 7 version would it be better to keep the computer and get sued for theft as a misdeamonor or return the computer clean hard disk with windows 7 installed and risk being sued for felony computer damage?

    edit update 94.17.2019 Perhaps I thought the company was not going to ask for the computer back so windows 7 may have been installed on it.

    Since windows 7 may be installed on it, perhaps the best thing to do perhaps is to say I lost it and pay the price for the equipment to the company

    location FL

    thanks

    P

    Hello,

    I would like to subcontract some jobs i have to other persons. would the IRS audit me if they see that i have like 5 w-2s. Does the irs know how many hours a worker a week or only the salary question mark. would the IRS know that i am working about 115 hours a week with w-2s and if they did would that be suspicious

    located in florida

    thanks

    p

    thank you. lets say i am working as an employee for a company so i would be sending w-2s to my employer and then the employer would send those w-2s to the IRS. evidently, i have thought about what if I subcontract the work i am getting as an employee to independent contractors. is that legal?

    my previous employer is in the usa
    thats the thing i dont want to return the formatted pc to get sued for something
     
  2. KatDini

    KatDini Well-Known Member

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    Send the company back their property. It is not yours. o_O
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    The use of W-2s means that those people are your employees which, in turn, means they would fill out a W-4, you would have to withhold income taxes and FICA, buy workers comp insurance, pay into the unemployment compensation system and issue
    W-2s at the end of the year.

    If you mean that you want to engage independent contractors to perform services for you for which you pay them a fee then, assuming you weren't illegally misclassifying those people, you would have them fill out a W-9 when you engage them and issue 1099s at the end of the year showing how much you paid.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Agree.

    Stop being an idiot and give them back the computer before you find yourself in jail.
     
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  5. cbg

    cbg Super Moderator

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    And here's another thing to consider. Despite what you may have heard on the internet, if another employer calls them about you it would be quite legal for them to say, "He failed to return company property until we sued him for it".

    Yes, yes, I know, you're not going to list them as a reference. You don't think the only way a company has of finding out who you've worked for in the past is the names you give them, do you?
     
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  6. army judge

    army judge Super Moderator

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    You could be eventually be charged by the local prosecutor with some form of theft and/or conversion.

    I am a little nobody worm crawling on the internet.

    My prognostication powers are useless, even to me.

    You're no dummy, so I suspect you CAN expect some response from your former employer IF you take any unauthorized actions against the property of another!


    By the way, my earthworm senses are telling ME this about YOU!

    Country: Indonesia
    State/Region: South Sulawesi
    City: Kalumeme
    Latitude: -5.5378936 (5° 32′ 16.42″ S)
    Longitude: 120.1971885 (120° 11′ 49.88″ E)


    That said, if your employer is in a country OTHER than Indonesia (and you're NOT running a proxy over VPN, the chances of the employer doing ANYTHING to you CRIMINALLY are less than 1%.
     
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  7. army judge

    army judge Super Moderator

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    What you're proposing has been tried millions of times.

    When your little ploy is uncovered (and it WILL be uncovered), well I suspect you KNOW how the little story ends.

    If not, go ahead and discover just how easy it is today for the IRS and all the other INITIAL agencies and bureaus to know more about you than you know!

    Even a dummy like me can figure out your elementary school ploy in minutes when I wasn't even trying, imagine what REAL law enforcement can do to you!
     
  8. Peter Smith-Jones

    Peter Smith-Jones Law Topic Starter New Member

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  9. Tax Counsel

    Tax Counsel Well-Known Member

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    You could be sued for the return of the computer or the money value of it and the company could file a criminal complaint for theft.

    Simply wiping the computer drive and installing windows 7 on it doesn't damage the hardware. You probably wouldn't get charged with a crime out of it, but you might be sued for the loss of any data on the computer, however.

    Just return it to the company as is without playing these games. It's stupid, doesn't benefit you much, and can cause you civil and criminal problems.


    See a tax attorney or CPA and get set up correctly for the taxes for the business that you do. It's clear you don't have a good grasp of the tax responsibilities of paying employees or how to determine if the persons you hire can qualify as independent contractors. It is absolutely critical you get this right. If you fail to do employment taxes properly that can end up being extremely expensive for you. And in some cases the tax you owe cannot be discharged in bankruptcy. This is one area you do not want to risk screwing up.
     
  10. army judge

    army judge Super Moderator

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    These days the IRS can spot UNUSUAL activity almost as quickly as its deployed.

    The IRS has a vast array of rats and tattletales who earn an easy living by eating cheese (or peanut butter) as rapidly as any NYC rat!
     
  11. Peter Smith-Jones

    Peter Smith-Jones Law Topic Starter New Member

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    well how it would be unusual to have 4 or 5 w2s?
     
  12. Tax Counsel

    Tax Counsel Well-Known Member

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    If you are asking how unusual it would be for an employer to have 4 or 5 employees, the answer is that it is quite common. But if you have those employees, you need to do all the things the law requires an employer to do with respect to employees: withhold and pay employment taxes, pay unemployment tax and worker's compensation insurance premiums, etc.
     
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  13. Peter Smith-Jones

    Peter Smith-Jones Law Topic Starter New Member

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    Hello i would ask if the IRS would raise an eye if they received for example 5 or 6 w2s from different employers with me as an employee on the w2s?
     
  14. army judge

    army judge Super Moderator

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    Dude, you're safely hidden by your proxies and your vast array of virtual hideouts.
     
  15. Tax Counsel

    Tax Counsel Well-Known Member

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    A Form W-2 is filed with the IRS by an employer in January for each employee who worked for the employer during the previous year. For example, employers had to file Forms W-2 in January 2019 for each employee who worked for the employer at any time during 2018. A copy of that is provided to the employee to use when filing his/her tax return. The W-2 reports the income the employer paid the employee and shows the taxes withheld from the employee and other information.

    If you worked for 5 different employers in the same year then you would get 5 W-2s for that year. The IRS does not have a problem with an employee filing a return with income from 5 different employers. As long as what the employee claims matches the W-2 the employer filed with the IRS then it's not a problem.

    What is it that you are really trying to do here? If you hire people to do work for you as employees then you are the one who must file a W-2 for each person you hire and you must do the withholding and pay the taxes that employers must do when they have employees. See IRS Publication 15 which lays out what you need to do with the IRS. You may also have state tax responsibilities to do for your employees, too.

    I recommend you meet with a tax professional to help you with the tax issues you'll have if you hire employees. Screwing it up is at a minimum very expensive and at worst can get you prosecuted for tax fraud or evasion.
     
  16. cbg

    cbg Super Moderator

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    At a former employer, we had employees who would receive four or five W-2s just from us. We had employees working on the Y2K project, we'd transfer them from client to client and state to state as soon as they'd finished their part of each client's project, and our payroll service at the time absolutely insisted that they had to "fire" and "rehire" each employee each time this happened, and provide a separate W-2 for each state. The IRS never blinked an eye.

    That said, I agree that you don't appear to have the slightest clue how to do this properly and need to hire someone who does, preferably an employment attorney or reputable HR service, to do it for you.
     

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