Garland, TX asked in Employment Law for Texas

Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have to pay for supplies.

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2 Lawyer Answers
Kyle Anderson
Kyle Anderson
Answered

A: Are you paid hourly? How many hours per week are you working? The employee vs. independent contractor analysis can vary state to state, but in general, is likely quite similar. I would reach out to an employment law attorney in your state for a consultation.

1 user found this answer helpful

Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: No, they can't make you have an LLC. However, having one set up properly shouldn't change your tax situation, other than the fact that you'll need to start paying yourself by payroll, with withholding, and keep your business income and expenses separate from your personal income and expenses.

1 user found this answer helpful

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