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What is the difference between an independent contractor and a business service provider?

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February 23, 2024

The terms "independent contractor" and "business service provider" are often used interchangeably in common parlance, but they can denote different nuances in professional contexts. The distinction largely depends on the scope of services, the nature of the relationship with the client, and how they are perceived in legal and tax contexts. Here's a breakdown of the differences:

### Independent Contractor

1. Definition: An independent contractor is an individual who provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike employees, independent contractors operate under their own business name, may have multiple clients, and have full control over how they complete their work.

2. Tax Obligations: They are responsible for their own taxes, including self-employment taxes. They typically fill out a W-9 form when they begin a contract with a new client, and they receive a 1099-NEC form from each client who pays them $600 or more in a fiscal year.

3. Scope of Work: Their work is often project-based or time-bound, and they are hired to accomplish specific tasks. Independent contractors retain a high degree of control over their work schedule, methods, and processes.

4. Legal and Financial Independence: Independent contractors are considered their own business entity. They are not covered by most employment laws (such as minimum wage or overtime protections), do not receive benefits from their clients, and are often not eligible for workers' compensation or unemployment benefits through their clients.

### Business Service Provider

1. Definition: A business service provider can be an individual or more commonly, a company that provides services to other businesses. This can include independent contractors but often refers to businesses offering more specialized or comprehensive services.

2. Tax Obligations: If the provider is an individual, the tax obligations are similar to those of an independent contractor. If the provider is a company, it may have its own EIN (Employer Identification Number) and is responsible for handling taxes for its employees, if any.

3. Scope of Work: Business service providers can offer a wide range of services, from consulting and legal services to IT support and cleaning services. They might have a broader scope and potentially offer a suite of services rather than focusing on a single type of task or project.

4. Legal and Financial Structure: Business service providers, especially those that are companies, operate under a business structure (such as an LLC, partnership, or corporation) that separates the business liabilities from the personal liabilities of the owners. They engage with clients under contracts that define the scope of services, payment terms, and other legalities.

### Key Differences

- Scale and Scope: Independent contractors often work alone and may focus on specific tasks or projects, while business service providers can be larger entities offering a wider range of services.
- Legal Structure: Independent contractors operate as individuals, whereas business service providers can be individual sole proprietors or more structured entities like corporations or LLCs.
- Client Relationship: While both can have multiple clients, business service providers might engage in more formalized, long-term relationships compared to independent contractors, who might work on more short-term, project-based assignments.

In summary, while there is significant overlap between independent contractors and business service providers, the key differences lie in the scale of operations, the legal and financial structures, and the breadth of services offered.

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Employee or Independent Contractor

Employee or Independent Contractor

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The wave of taxpayers and businesses falling behind on their taxes or not filing them at all has continued after the recession. Doing nothing is not an answer, as the resulting penalties, interest, tax liens and even tax levies will affect taxpayers' and business owners' financial well-being.

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Lee Reams II

TaxBuzz Expert Community
Newport Beach, CA 92660, USA
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Employee or Independent Contractor? Know the Difference

Long before the “gig” economy overtook American business, companies were hiring independent contractors to shoulder some of their most important work.  Though independent contractors can take on the same types of projects as employees, there is a significant difference between the two, and there are important reasons for business owners to familiarize themselves with those differences. Independent contractors do much of their assigned work on their own terms, and in exchange for that flexibility and autonomy they do not enjoy the same labor law protections as do employees. They are also responsible for withholding their own taxes and purchasing their own healthcare coverage.

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Julie Farless

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It is my understanding per the big book of taxes that we can deduct the cost of goods sold for hobbies or not for profit losses. In the above example in number 5, wouldn't we report $400 on schedule 1, line 8?
July 21, 2024

I apologize for any confusion. Under the current tax law, hobby expenses, including the cost of goods sold (COGS), are not deductible. However, let's clarify the reporting process for hobby income and expenses:1. Report Hobby Income: - All income earned from a hobby must be reported on your tax return. This is done on Form 1040, Schedule 1, line 8 (Other Income).2. Cost of Goods Sold (COGS): - While you cannot deduct hobby expenses, including COGS, from your taxable income, you should still keep detailed records of these expenses for your own records and in case of an audit.3. Filing: - On your tax return, you will report the total income from your hobby on Schedule 1, line 8. You cannot deduct the COGS directly on Schedule 1.4. Example: - If you earned $1,000 from your hobby and the cost of goods sold was $600, you would report the full $1,000 as income on Schedule 1, line 8. You cannot deduct the $600 COGS from this amount.The key point is that under the Tax Cuts and Jobs Act of 2017, for tax years 2018 through 2025, hobby expenses, including COGS, are not deductible. Therefore, in the example provided, you would report the full $1,000 as income on Schedule 1, line 8, without deducting the $600 COGS.If you have any specific questions or unique circumstances, it may be beneficial to consult with a tax professional to ensure compliance with IRS regulations.
Bart, true the BB says the expenses are deductible as an itemized deduction, the problem is they are deductible as a tier 2 misc deduction which are suspended by TCJA....Lee
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