I have never been providing consultanting service as non-employee and I also have never accepted any business contract based on business relationship because I am not incorporated yet. -pilot(登陆者) @爱德华王子岛华人论坛:爱德华王子岛枫下论坛 The Rolia Forum of PEI

枫下茶话 / 法律 / 我的老板没有为我做PAYROLL, 不知道如果我去税务局告我的老板, 对我会有什么坏处吗? 当然我已经准备离开公司,我担心会否影响我在税务局的记录 -bellmimi(mimi); 2004-12-23 (#2042249@0)

他要付你cash了，你俩就是一条船上的。 -yuanlai(原来); 2004-12-23 (#2042264@0)

他付我的支票 -bellmimi(mimi); 2004-12-23 (#2042287@0)

so, 你按自雇报税不就得了? -zxcvb(朝天椒); 2004-12-23 (#2042295@0)

可是我的老板做了很多过分的事, 如加班,但没加班费. 如果是自雇, EI 和CPP需要我自己交双份的. -bellmimi(mimi); 2004-12-23 (#2042312@0)

自雇不交EI， net income是扣掉cpp以后的, 很多支出都可以抵税，加班没有加班费可以和老板谈也可以通过其它合法途径要回来，但是如果你没有 -zxcvb(朝天椒); 2004-12-23 {43} (#2042328@0)
确凿证据证明他偷税的话，还是别走这条路的好.

确凿证据 can be done by filling out the form of following two websites: http://www.irs.gov/pub/irs-pdf/fss8.pdf http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html -pilot(登陆者); 2004-12-23 {175} (#2042596@0)
US IRS and Revenue Canada have rights to enforce any employer to do the determination by filling out the one simple form as per request of any of their contractor or employee.
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

CCRA has rule to identify if your job is contract type of employee type. For example, where do u work, the materail u use belong to whom... -647i(盲人协会); 2004-12-23 (#2042638@0)

违法雇主千方百计将实质的雇佣关系当合同工,许多违法雇主欺骗雇员年收入少于3万不让注册gst。你自己这一方，雇主欺骗你，便宜了雇主，自己也没得好处，何苦呢。 -pilot(登陆者); 2004-12-23 {1134} (#2042588@0)
本文发表在 rolia.net 枫下论坛The fake GST is less than unpaid benefits, vacation pay, hoilday pay, company pension...

因为你的收入少，所以以收入为依据定出的RRSP限额也就少，你投入到RRSP里的钱就受限制，而RRSP 是可以沿税的退休用投资（也可用于购自住房和上大学）。也就是说，你眼前是赚了，但是长远来讲，你亏了。
另一方面，你自己的收入，就是有据可查的、正式工的收入，如果低到一定程度，也可以申请较多的社会福利，要看其他家庭成员的情况。我个人的意见，不要因小失大，最好能走正式手续得到工资，从而建立自己的EI、CPP等福利；

做雇员和自雇是由工作性质决定的。老板和你都无权选择表面上以合同工或者自雇的方式来避免支付费用。做生意完成承包合同即可。你就不可能以公司正常员工形式上班，否则属于违法。许多雇主为了避免支付费用，千方百计将员工定为合同工或者自雇。雇主不给你支付EI、CPP，也就是说雇主也在逃避一部分支出，而这是你应该得到的福利，雇主这样做是违法的，对于那些故意调整和雇员关系以避免支付失业保险本金的老板，联邦政府目前加以惩罚。

Here are website addresses for your reference:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html
http://www.state.nj.us/lps/dcj/releases/2004/paintsmart0129.htm更多精彩文章及讨论，请光临枫下论坛 rolia.net
http://www.rolia.net/forum/forum_listSingleThread.php?tno=232593

你烦不烦人？ -oasis(oasis); 2004-12-23 (#2042599@0)

I never have interests to work for any company as an employee if they are NOT IT professional consulting company or they are NOT owner of the projects or they are doing business as job agency company. -pilot(登陆者); 2004-12-23 {1329} (#2042644@0)
本文发表在 rolia.net 枫下论坛I always agree that small business can get some extra tax discount or support from governments for helping them grow and have abilities to comply with all the Laws. Big companies have more resources and abilities to comply with the US Laws. I DO NOT see any excuse if some big company are not going to comply with the Laws.

How will buiness vendors finish their contract is none of projects owner's business.

buiness vendor will be employer for completeing the contract.

Only employer has rights to decide on the time frames; responsible for
planning the work to be done; decides how the work is to be done;
decides on the hours of work; decides on the work location; assigns
the individual tasks; supervises the tasks; decides whether work must
be redone; responsible for training; decides on the territory to be
covered; decides on periodic activity reporting; decides if the work
is to be done by the worker himself; hires helpers; supplies the heavy
equipment or covers its rental costs;supplies the specialized
equipment or covers its rental costs;covers equipment maintenance
costs;covers the costs of liability insurance;covers rental
costs;assumes responsibility for the performance of the
work;guarantees the quality of the work;covers the costs incurred by
the worker in carrying out the work;...更多精彩文章及讨论，请光临枫下论坛 rolia.net

谢谢登陆者, 请问你有这方面的经验吗?整个过程是怎么样的? -bellmimi(mimi); 2004-12-23 (#2042622@0)

I have never been providing consultanting service as non-employee and I also have never accepted any business contract based on business relationship because I am not incorporated yet. -pilot(登陆者); 2004-12-23 {1724} (#2042669@0)
本文发表在 rolia.net 枫下论坛I prefer employer-employee relationship instead of quick cash, though business contract is always acceptable in the future and I am sure that I won't finish any business contract including "contract to hire" by myself
without other vendors. They are welcome to hire or interview my other
candidates or my other business vendors if they like. This is my
general practice.

I never have interests to work for any company as an employee if they
are NOT IT professional consulting company or they are NOT owner of
the projects or they are doing business as job agency company.

We can do the determination as to whether an employer-employee
relationship exists by filing the attached Form SS-8 (PDF http://www.irs.gov/pub/irs-pdf/fss8.pdf) or Revenue Canada Form (http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html), the
determination itself is complex. If the employer manage to get a job
agency company to be involved. It might looks like legal because it's
too complex to do the determination by the form based on the US Tax
Laws. I didn't read US newspaper very often. Some canadian newspaper
articles has pointed out this social problem. It said that Canadian
Federal Government is going to making more effective rules for implementing and improving the Canadian Tax Laws, which smilar to US TAX Laws at this point currently.

If clients of a company decide on HR selection and HR of the company works like a remote control of HR of their clients (I am
joking), Will the company work only like a remote control of their
client for passing messages of their client's extensive instructions on
how work is to be done by a huge series of business contracts instead
of outsouring specification?更多精彩文章及讨论，请光临枫下论坛 rolia.net
http://www.irs.gov/pub/irs-pdf/fss8.pdf

你可以返还cash以示认错。并要求老板也认错给你cheque。CCRA应该是欢迎认错的了。这个道理如讲给老板听，老板能说啥？实在不行把故事讲给CCRA听，让他们劝劝你老板。 -647i(盲人协会); 2004-12-23 (#2042632@0)

If you have read newspapers often, you will notice that the big company will claim bankrupt immediately, and keep their other big companies of their group of big companies running. -pilot(登陆者); 2004-12-23 {86} (#2042678@0)
It will be difficult for you to get your money back if the big company claim bankrupt.
The fake GST is never exist after the determination, The employer needs to pay more money than the fake GST for his unpaid benefits, vacation pay, holiday pay, company pension...,which the employer owes. -pilot(登陆者); 2004-12-24 {685} (#2043857@0)
People are not allowed to accept the fake GST from the employer for complying with Canadian of US Laws. The fake GST is less than benefits, vacation pay, holiday pay,company pension...

We can do the determination as to whether an employer-employee relationship exists by filing the attached Form SS-8 (PDF http://www.irs.gov/pub/irs-pdf/fss8.pdf) or Revenue Canada Form (http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html),The fake GST is never exist after the revenue canada has determined the employer-employee relationship instead of business relationship. The employer needs to pay more money than the fake GST for his benefits, vacation pay, holiday pay, company pension...

无明白为什么要搞人家. 这样做自雇不是很好吗? -flyingpig(小飞猪); 2004-12-23 {41} (#2042677@0)
人能碰到一起就是缘. 不要老是想去报复别人.

You are not allowed to accept the fake GST from the employer for complying with Canadian of US Laws. The fake GST is less than benefits, vacation pay, holiday pay... -pilot(登陆者); 2004-12-24 {828} (#2042684@0)
The fake GST is never exist after the revenue canada has determined that the employer-employee relationship instead of business relationship. The employer needs to pay more money than the fake GST for your benefits, vacation pay, holiday pay, company pension...

The IRS really frowns upon paying individuals on a 1099 unless it is
an extremely short-term project.If you have a corporation or are
working through another corporation, please note that the IRS mandates
fairly stringent eligibility criteria for such corporations and in all
cases the decision regarding whether or not your corporation qualifies
for corp-to-corp deals.

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html
http://www.state.nj.us/lps/dcj/releases/2004/paintsmart0129.htm

Do not mislead people in this forum. ARe you working for tax collection agency? My cubic mate has been working for this company for 6 years on contractor status -cerboros(Once Upon Great King); 2004-12-24 {338} (#2043889@0)
He is making 180$ per hour and definitely won't take a 120K anual salary to become an employee. Why CCRA never investigate? People like to interprate the law to their own means. After all, employment and consulting relationship are just one part of the private relationship. There is none of government's business if both parties agree.

你傻啊，你看不出他可以说：谁让政府当年不查他，是政府审查不严，现在查他他就不付钱！政府除非把天下的人都查一遍，否则不公平，他要投诉政府不对， -pilot(登陆者); 2004-12-24 {2850} (#2043952@0)
本文发表在 rolia.net 枫下论坛你傻啊，你看不出他可以说：谁让政府让他觉得政府是250，不拿白不拿？傻几回可以原谅，这一傻是傻了好几年，难道政府没责任吗？为什么不去查印度人，光查白人，是不是歧视白人？

祝你好运

Employment relationship IS NOT private relationship at all. There are relevant Labour Laws and Tax Laws for public. Nobody can fill out their Tax form by choosing either business income or employment income at their will. Every parties have to agree any thing legally. There is no need to interprate the law to their own means. Please do not misunderstand that I have made any sugguestion yet. Your cubic mate just needs to fill out one simple form for the determination. You didn't provide detail information of your cubic mate, which is required by the forms.(http://www.irs.gov/pub/irs-pdf/fss8.pdf, http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html). IRS and Revenue Canada have rights to enfore any employer to fill out the form as per request of anyone including you.

If you understand the purpose of the rules of the TAX Laws, This might
help you to understand why if the IRS or Revenue Canada finds that an employer incorrectly treated an employee as a nonemployee, the employer will be liable for the social security and Medicare tax withholding or CPP and EI that he or she failed to withhold and pay. The calculation is simple. If an employer incorrectly treated an employee as a nonemployee, 100% employment income will be lost. every parties will get more money incorrectly except the IRS or Revenue Canada. If an employer manage to get a agency to help them for getting a virtual employee, IRS or Revenue Canada receive part of employment income, but certain percentage employment income still will be lost.

We can do the determination as to whether an employer-employee relationship exists by filing the attached Form SS-8 (PDF http://www.irs.gov/pub/irs-pdf/fss8.pdf) or Revenue Canada Form (http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110ed.html),the
determination itself is complex. If the employer manage to get a job agency company to be involved. It might looks like legal because it's
too complex to do the determination by the form based on the Tax
Laws. I didn't read US newspaper very often. Some canadian newspaper
articles has pointed out this social problem. It said that Canadian
Federal is going to making more effective rules for implementing and improving the Canadian Tax Laws, which smilar to US TAX Laws at this
point currently. If an employer incorrectly treated an employee as a nonemployee, 100% employment income will be lost. every parties will get more money incorrectly except the IRS or Revenue Canada, therefore it doesn't matter whether both parties agreed or worried, the most important thing is whether IRS or Revenue Canada agree the classify of the relationship based on the Laws. Happy Holidays!更多精彩文章及讨论，请光临枫下论坛 rolia.net
http://www.irs.gov/pub/irs-pdf/fss8.pdf
It's misprision for the company to misrepresent employer-employee relationship to business relationship for playing game with Tax law. Only fool will say there is none of government's business if both parties agree. -pilot(登陆者); 2004-12-24 {1708} (#2044100@0)
本文发表在 rolia.net 枫下论坛There should NOT be none of Government's business because there are Government's Tax issues related to classify of either employer-employee relationship or business relationship.

It is critical that the employer, correctly determine whether the
individuals providing services are employees or independent
contractors. Caution: If you incorrectly classify an employee as an
independent contractor, you can be held liable for employment taxes
for that worker, plus a penalty. To determine whether an individual is
an employee or independent contractor under the common law, the
relationship of the worker and the business must be examined. All
evidence of control and independence must be considered. In an
employee-independent contractor determination, all information that
provides evidence of the degree of control and degree of independence
must be considered. Consequences of treating an employee as an
independent contractor. If you classify an employee as an independent
contractor and you have no reasonable basis for doing so, you may be
held liable for employment taxes for that worker.

If you receive extensive instructions on how work is to be done, this
suggests that you may be an employee. Instructions can cover a wide
range of topics, for example: how, when, or where to do the work, what
tools or equipment to use, what assistants to hire to help with the
work, and where to purchase supplies and services. If you receive less
extensive instructions about what should be done, but not how it
should be done, you may be an independent contractor. For instance,
instructions about time and place may be less important than
directions on how the work is performed.更多精彩文章及讨论，请光临枫下论坛 rolia.net

@PEI

I have never been providing consultanting service as non-employee and I also have never accepted any business contract based on business relationship because I am not incorporated yet.

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