Am I an employee or independent contractor?

This is a question I have for a college class, and cannot find the answer.Can someone help me please?


Working for a company for 6 years that pays commission on deliveries and pickups, lease a truck from them, choose my own 10 hour shift with no control on how these services are carried out.

Company can terminate the arrangement after 30 days notice, but allows its truckers to quite immediately without giving advance notice.

Reports our income by issuing form 1099-MISC. We must maintain a commercial driver's license. IRS says I am an independent contractor and subject to self-employment tax.

I disagree and say I am an employee. Who is right and why?

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Feb 02, 2016
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1099 misc NEW
by: Anonymous

that still did not answer the question if i work for a company get paid by the load and my company pays nothing into taxes and and social security but gives me a 1099 misc how am i an independent contractor its their truck and any mishaps or etc i am charged out of my check


May 11, 2015
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IRS regs - the final say NEW
by: Anonymous

The IRS is very clear about this. The two distinct differences between a contractor and an employee is the dictation of hours. If your employer tells you to work x hours on x days, then you are an employee. If not and you have the flexibility to work your own hours and days then they can 1099 you as a contractor (some employers may opt to still consider you as an employee, but it is at their discretion and really does not benefit them to do so).

On another note: you cannot be both. For example, you cannot work as an employee and on the side do work for the same company that you are then 1099'ed for.

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