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  4. Independent Nurse Contractors: Should I Incorporate?

Independent Nurse Contractors: Should I Incorporate?

Independent Nurse Contractors: Should I Incorporate?

By Joseph Smith EA,
Enrolled agent, admitted to practice before the IRS

For the Medical Professional

Why do I Need to Incorporate?
You may have found your way to this site wondering why you were instructed to incorporate to work as an independent nurse contractor or similar medical professional. Chances are, you already know someone who works as an independent healthcare contractor who did not have to incorporate.

The IRS is very clear about the differences between independent contractors and employees.
IRS literature lists 20 tests that are used to determine the status of a worker and many of them focus on who has control over the work that you perform. For example, a painter that comes to your house has complete control over his work, the tools he uses, the time he arrives, the brand of paint he uses and who he hires to work with him. On the contrary, a nurse working through an employment agency relies on the facility and the agency to provide the medications, the patient rooms and the equipment to perform the job. Additionally, the hours and location of the work are predetermined by agreement between you, the agency and the facility. Under the regulations, since your agency and facility have so much say in how, where and when you do your work, you are considered to be an employee. This was highlighted in a recent court case in January 2010 (US v Crabbe 2010-1 USTC ¶50,197) where a staffing agency was found guilty of evading taxes by misclassifying the nurses it placed in various healthcare facilities. Each of the nurses was treated as independent contractors despite meeting many of the criteria that would classify them as employees.

What does this mean to you?
In order to work as an independent contractor legally, you need to form your own company and work as an employee for the same. It sounds like unnecessary work, but you are creating an additional layer of structure that will satisfy the IRS rules. Since the agency pays your company, there is no conflict. If it were to pay you as an individual independent contractor, your agency would be in violation of IRS rules and subject to penalties and possible criminal investigation.

How can MyLLC.com help you form a Corporation?

  • We aren’t the biggest, but we’re the best! Using MyLLC.com, Inc. means a real person will always answer the phone! You’ll get to know our staff personally as we carefully guide you through the important beginning steps of filing to do business and having your proverbial ducks in a row.

  • Your filing service includes Registered Agent Service, which means your entity is protected from missing any important legal documents that could harm your business. Not sure what Registered Agent Service is? Check out our Registered Agent Service information page!

  • You will be reminded annually or biennially of Secretary of State requirements to keep your business in good standing. Just like registering your car each year, your business must file reports with the state to stay active. We will send you reminders 30 days and 5 days prior to your due dates to help keep you on track! Compliance reminders are included with your Registered Agent Service so there are no extra hidden fees!

  • We can handle any additional Secretary of State filings you might need such as Certificates of Good Standing, DBA or Fictitious Names, Amendments, Dissolutions and anything else you might need on the state level. Not sure what you need? Call, email or chat with us if you have any questions!
Order Incorporation

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Disclaimer: This information is made available by MyLLC.com, Inc. (the "Company"), and is intended for educational purposes only, and it is not legal or tax advice. No action should be taken in reliance on any information in or on this site without verification with legal or tax counsel, after review of the facts and current law, that the action to be taken is appropriate under the circumstance. Except as expressly provided to the contrary in writing by the Company, the materials contained on this site are provided on an "as-is" basis without warranties of any kind, either express or implied. Company disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on and in the site. Company does not represent or warrant that materials on and in the site are accurate, complete, reliable, current or error-free.
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Nevada's Tax Laws have changed
Effective July 1st, 2015:
Be aware that if you are currently incorporated in the state of Nevada, or are considering becoming incorporated in Nevada, 2015 changes to the tax laws may directly affect and increase the costs to your business!

What is your first step? Simply choose which of the following two options applies to your business:

ALREADY INCORPORATED in the state of Nevada? 2015/08/15 - Your annual fees increased from $325 to $650, and that’s not including the Commerce Tax if it applies to your business! Further, you will now be required to file your tax return with the NV Department of Taxation with June 30th as the fiscal year, not the calendar year! Review these changes with your tax advisor immediately! If you choose to re-domicile your corporation in another state, MyLLC will file the re-domestication paperwork for you!

TRYING TO DECIDE WHICH STATE is best to incorporate your new business? MyLLC strives to provide you with up-to-date information and exceptional customer service. Contact your tax advisor to review your options and then talk to MyLLC's Incorporation Professionals to assist you in filing your articles of incorporation as well as provide you with Registered Agent services!

MyLLC is committed to assisting you in this process but you must contact us today!

Call us toll free at 888.88.MYLLC or fill out the contact form so one of our experts can help you.
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