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Does the contractor have to tell a subcontractor what his rate of pay is?
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as a subcontractor can the person i sub from deduct money from my last check for workers comp?
If you are paid a wage or a salary for temporary work, the employer must deduct ALL taxes, social security and workers comp. If you are a subcontractor paid on a 1099, (which means YOU will pay all the taxes, etc) then no deductions are taken from your compensation. So it depends on the agreement you have with the contractor. He cannot, however, just take out workers comp and nothing else.
Can S Corporation pay the owners as subcontractor and use 1099 instead of W-2 forms?
Absolutely, positively not.
How long does a company have to pay after you have invoiced them as a contractor?
What does your contract have to say?
Contractor Forms: Invoices?
The most popular of contractor forms, an invoice is the type of document through which a contractor may bill a company or individual for the services that they have provided. Normally, this will list the precise flat-fee rate or hourly rate charges along with the list of services that were provided. Additionally, the invoice will include additional information as far as the terms of payment are concerned. For instance, it may say the recipient needs to pay some amount in some amount of days, and it can also list what methods are acceptable. It is important to note that this form exists because contractors are not employees, which means they do not automatically receive payment from a payroll system. Instead, they are freelance, independent workers. The submitted invoice is required in order to receive payment for a service the contractor has offered. For example, the contractor might bill a client for having provided a service as an electrician, freelance writer, builder or plumber. The information that is included on this contractor form will ultimately depend on the service that they have provided. Typically, it will at least include the name of the business or the name of the contractor along with the phone number and address through which he may be contacted. Some may also include their email address. Often, there will also be company information and contact details for the person who will be paying the invoice. The type of services applied will also affect what entries are on the invoice. For instance, a contractor in the construction business may have entries for labor and supplies on the invoice. Supplies may not be present on a freelance writer invoice, though hourly or flat-rate fees may have blank spots instead. There may also be a blank section for both if the contractor sometimes charges hourly rates but also charges a flat rate. Finally, there may be entries for special fees and tax charges on the contractor form. The contractor invoice will also often include information with regard to when the invoice was generated and at what time the money is due. For example, it could list the date when the contractor created the invoice and at which time the client is required to pay the fee. Additional payment terms may be on the invoice, such as the contractor requiring the invoice be due upon receipt or within a certain number of days.
Do you pay taxes on a 1099?
What is the minium amount of money for not paying taxes with a 1099? Does everyone pay regardless if they earn 5,000.00 or 15,000.00 even acting a an independent contractor.
Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?
Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.
What to do when a contractor does not want to pay a sub contractor?
A subcontractor can turn to Construction or mechanics lien law in order to secure payment. By being lien law compliant, meeting specific requirements such as preliminary notices and within time restrictions, a subcontractor can withhold payments to the primary contractor or lien the property. Lien laws are state specific and you should check your state's statutes for the requirements and restrictions. Property owners can protect themselves from these liens by requesting waivers or releases from all subcontracts and the primary contractor for each payment as well as a Contractor's Affidavit at the end of the job in exchange for the final payment.
What insurance obligations does a contractor have to his subcontractors?
In theory when a PRIME contractor hires a SUBCONTRACTOR, and the SUBCONTRACTOR causes a loss, damage, injury, etc., then the SUBCONTRACTOR's insurance should pay the expenses related to that loss. If the PRIME contractor causes the loss, then the PRIME contractor's insurance will pay for the loss. If the SUBCONTRACTOR does not have insurance (lapsed, fake certificates, etc.), then the PRIME contractor's insurance will have to pay for the loss even when caused by the SUBCONTRACTOR. In the real world, all parties get sued after a damage or injury loss. Later they sort out which party or parties were at fault. Most Prime-Contracts now contain language that makes the PRIME CONTRACTOR indemnify and holdharmless the owner, meaning pay for their costs also. Likewise, most SUB-CONTRACTS now contain a language that makes the SUBCONTRACTOR indemnify and holdharmless the other parties. These are important and tricky legal concepts and should not be taken causually. Proffessional advice is always recommended. Some insurance companies will try to deny coverage if the PRIME contractor did not have an "indemnity/holdharmless" agreement in the sub-contract.
What is the average pay rate for a contractor?
too much
Can you pay a subcontractor by the hour and still consider him a subcontractor?
yes
Can a general contractor put a lien on your house?
Yes. It is important to get original lien waivers each time you pay your contractor (do not give a check in exchange for a promise of a waiver). A waiver is a receipt of your payment and it is legal documentation that your contractor has paid the subcontractor or supplier. The waiver prevents the contractor and subcontractor from from liening your property for that amount of the payment on that subcontract. Partial lien waivers should detail the type of work done, the name and address of the subcontractor, the total amount of the subcontract, the amount paid to date, the amount of the current payment made, and the balance to be paid. At the end of the project, it is equally important to get final waivers of lien, as well.
Can a subcontractor be docked pay?
Nope!
Should a subcontractor have to pay his own workmens comp in the state of South Carolina?
The general expectation is that a contractor pays their own expenses. That would include a sub-contractor being responsible for their own workman's compensation. Most subcontracting agreements will specify this in the contract.
What is the fair percentage for a subcontractor to pay another subcontractor?
80% with no tools....90% if they have all tools
Can a subcontractor put a lien on the clients home?
Yes. You should have requested a release signed by each sub before you paid the builder. It's a system that sucks, but as a sub it's the only thing we can do to get paid.
A contractor and his subcontractor are working the same job and the sub damages the contractors equipment whos insurance pays?
The contractor should make a claim upon the sub-contractors insurance and/or bond. If the sub-contractor defrauded the contractor on having insurance and/or bonding in place then he should report the contractor to the State licensing board, file claim on their insurance, and civil lawsuit (if the insurance company does not directly file or pay).
Whether a subcontractor is liable to pay service tax?
A sub contractor is essentially a taxable service provider .his services are in the nature of input services .hence service tax is leviable on taxable services provided.
