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<<If it is an employee (smells like a duck, walks like a duck, quacks like a duck then it is a duck) have your acct get you the tests that IRS uses for employee vs independent contractor - use a W-2, Remember that payroll tax penalties come through a bankruptcy and will haunt you forever.
(In Alaska if you want to see an attorney start to slobber all over himself, let him find out that an injured employee was treated as an independent contractor and not covered by workers compensation.)
Be cautious for even if you win the battle the cost to defend yourself can be more than the payroll tax savings.

Lots of general contractors protect themselves by requiring proof of worker's comp insurance from sub contractors. That's probably wise whenever there might be any question about employee status or whether someone is covered.

Seattle Pioneer
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