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A virtual assistant is an independent contractor who provides administrative services to clients while operating outside of the client's office. A virtual assistant typically operates from a home office but can access the necessary planning documents, such as shared calendars, remotely.
The only problem is that it is often illegal. There is no such thing as a 1099 employee. The 1099 part of the name refers to the fact that independent contractors receive a form 1099 at the end of the year, which reports to the IRS how much money was paid to the contractor.
To qualify, individuals must 1) have earned at least $5,000 in self-employment income in the most recent taxable year before they applied for regular unemployment, 2) submit documentation substantiating their self-employment income, and 3) must be receiving benefits from regular unemployment, Pandemic Emergency
Recently, one client inquired, Can my assistant be an independent contractor? The short answer is NO. Under current law, there are no circumstances under which someone who is an assistant should be classified as an independent contractor.
Do independent contractors qualify for unemployment insurance? Yes, with the passing of the CARES Act, independent contractors, gig workers, and self-employed individuals are eligible for unemployment insurance if they are unable to work due to COVID-19.
Unemployment compensation under the PUA program provides for up to 39 weeks of benefits for individuals who are self-employed (including independent contractors). Unemployment compensation benefits are available for individuals for weeks of unemployment beginning on or after Jan. 27, 2020 through Dec. 31, 2020.
Make sure you really qualify as an independent contractor. Choose a business name (and register it, if necessary). Get a tax registration certificate (and a vocational license, if required for your profession). Pay estimated taxes (advance payments of your income and self-employment taxes).
This means that a personal assistant might work for some clients and be self-employed, but work for others on an employed basis because of the nature of the work. The rules are the same whether the person paying the worker is paying them privately or whether they are using direct payments provided by the council.
The answer is to hire your children in your business. Wages paid to an assistant are deductible to you, coming right off your tax return as a business expense. At the same time, the first $6,300 of the income your children (assistants) earn is tax free to them.
The Missouri Supreme Court has defined an independent contractor as "one who, exercising an independent employment, contracts to do a piece of work according to his own methods, without being subject to the control of his employer, except as to the result of his work" (Vaseleou v. St.