Section 1706
Section 1706 of the Tax Reform Act of 1986 effectively devastated the market for independent computer consultants and similar technical service free-lancers who depended on brokers (bigger consulting firms etc.) for their marketing. By adding paragraph (d) to Section 530 of the Revenue Act of 1978, it removed §530's safe harbor for only certain technical workers in 3-party (brokered) arrangements. Although the literal effect only causes us to have to rely on the
20 Questions to determine independent contractor status vs. employee status, and only in brokered contracts, the net effect was to throw the brokers into a panic - "sorry, I know we've worked together for years, but we can't subcontract to you any more; you'll have to be our employee now even though it's only a 2 month contract. Otherwise the IRS will come after us." This probably drove many of the small independent contractors out of business - precisely the effect desired by the big consulting firms who conned Congress into passing 1706 in the first place! |
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