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I have a couple questions:

  • Should I use a 1099 structure as an independent contractor
  • If they are an Independent Contractor can I provide business cards and email ID's etc
  • What about making them employees... can I do this as commission only and avoid workers comp, unemployment taxes, SS tax, etc?
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You can pay them as 1099 independent contractors. You can give them their own business cards and email at your domain name. You just cant give them a real set schedule.

I would prefer to have all sales staff contract to perm. Meaning they start at 1099, and after a 6 month period and hitting the right quotas then they are on payroll.

Most sales guys do well with a minimum guarantee. So it would be the greater of 45k per year or 15% omissions. The reason for this is like all of us they have their own monthly bills. Its hard to focus on any job when you have the added stress of making sure you can keep the water on and food on the table. The minimum usually doesnt have to be that high, most real sales people dont ever count on these guarantees but use them as a cushion to make sure the company "cares" and that they will be covered in case their sales fail because of a company or economic condition.

When they are actual employees then you cannot avoid workmens comp, unemployment or ss. These taxes are not that high as compared to most other business expenses. Still you can try to reduce them with paying them a small "base salary" and "bonus pay" Consult a CPA but I recall bonuses being taxed more favorably.

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