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	<title>Comments on: The rise in independent contracting is a myth</title>
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	<link>http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/</link>
	<description>now with extra source</description>
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		<title>By: evamary</title>
		<link>http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38953</link>
		<dc:creator>evamary</dc:creator>
		<pubDate>Sun, 27 Sep 2009 14:08:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38953</guid>
		<description>Terrific article, Bernard. Let&#039;s see whether the Rudd government has the bottle to change the ABCC  to a functional protector of workers, or disband it and create something that works. I won&#039;t hold my breath.</description>
		<content:encoded><![CDATA[<p>Terrific article, Bernard. Let&#8217;s see whether the Rudd government has the bottle to change the ABCC  to a functional protector of workers, or disband it and create something that works. I won&#8217;t hold my breath.</p>
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		<title>By: Kirk Broadhurst</title>
		<link>http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38431</link>
		<dc:creator>Kirk Broadhurst</dc:creator>
		<pubDate>Tue, 22 Sep 2009 22:15:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38431</guid>
		<description>Most so-called independent contractors are employees under another name.  There are significant tax benefits to being an &#039;independent contractor&#039; - you can register for GST, and you can claim deductions for work related expenses above and beyond what an employee can claim.

Employers love independent contractors because it makes things easier for them.  Sometimes cheaper, in an unfair world, but even if they pay the same overall package (where the contract rate accounts for salary + super + sick leave + annual leave, etc) it is still cheaper due to far lower adminstrative costs.  Administration of contractors is about as challenging and paying a power bill!

Of course the paperwork complexity is transferred to the contractor.  The perks for the contractor are that they are allowed a level of taxational freedom that a regular employee could never envisage, but the headache of paperwork is a big deterrent.

The tax laws are quite clear about who is and is not deemed an independent contractor.  They must not work more than a certain percentage of their time on one contract or at one employer&#039;s - sorry, client&#039;s - workplace.  They must provide something other than simply labour - be it their own tools and equipment, or other capital required for work.  The work must be of a contracted nature, i.e. task for money, not time for money.  It goes on.  

For some reason, the ATO never seem to investigate this farce.  The amount of lost taxation dollars must be astronomical.</description>
		<content:encoded><![CDATA[<p>Most so-called independent contractors are employees under another name.  There are significant tax benefits to being an &#8216;independent contractor&#8217; - you can register for GST, and you can claim deductions for work related expenses above and beyond what an employee can claim.</p>
<p>Employers love independent contractors because it makes things easier for them.  Sometimes cheaper, in an unfair world, but even if they pay the same overall package (where the contract rate accounts for salary + super + sick leave + annual leave, etc) it is still cheaper due to far lower adminstrative costs.  Administration of contractors is about as challenging and paying a power bill!</p>
<p>Of course the paperwork complexity is transferred to the contractor.  The perks for the contractor are that they are allowed a level of taxational freedom that a regular employee could never envisage, but the headache of paperwork is a big deterrent.</p>
<p>The tax laws are quite clear about who is and is not deemed an independent contractor.  They must not work more than a certain percentage of their time on one contract or at one employer&#8217;s - sorry, client&#8217;s - workplace.  They must provide something other than simply labour - be it their own tools and equipment, or other capital required for work.  The work must be of a contracted nature, i.e. task for money, not time for money.  It goes on.  </p>
<p>For some reason, the ATO never seem to investigate this farce.  The amount of lost taxation dollars must be astronomical.</p>
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		<title>By: Tom McLoughlin</title>
		<link>http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38422</link>
		<dc:creator>Tom McLoughlin</dc:creator>
		<pubDate>Tue, 22 Sep 2009 11:40:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38422</guid>
		<description>This chimes with a strong piece on 7.30 Report tonight. 

I spent 5 years also as a so called i.c. which was very part time work that grew to half and nearly full time. No holiday or super in any of that time.  And it was in the community media sector. I thought I was helping democracy, doing my duty etc and maybe I still do. I get the feeling this is a US style business approach to labour as if their culture has anything to offer regarding equity. Freedom, creativity, entrepeneurialship maybe, equity no.

In parallel another part time job with super and a fat Christmas bonus. But actually I wanted it structured as i.c. for a while there so I could exercise my own level of discretion. In fact that was the deal I made with the manager in this second part time job job to keep my political independence as a community news blogger. 

But I tell you the 3 tax forms as an i.c.  each year is a mind bender. The third one is a supplementary to the 2nd one which is a supplementary to the first one. I even let it go three years and caught up last year. Phew.

From memory there is a threshhold of 20K revenue to qualify as an i.c. sole trader and other rules about controlling your own work and own plant and equipment etc and more than one client etc. It&#039;s more of an overall test than one or other factor. All this might make sense in an upwardly mobile boom, but you can see where the unions are coming from in a downturn where security is a premium. Good luck to them.</description>
		<content:encoded><![CDATA[<p>This chimes with a strong piece on 7.30 Report tonight. </p>
<p>I spent 5 years also as a so called i.c. which was very part time work that grew to half and nearly full time. No holiday or super in any of that time.  And it was in the community media sector. I thought I was helping democracy, doing my duty etc and maybe I still do. I get the feeling this is a US style business approach to labour as if their culture has anything to offer regarding equity. Freedom, creativity, entrepeneurialship maybe, equity no.</p>
<p>In parallel another part time job with super and a fat Christmas bonus. But actually I wanted it structured as i.c. for a while there so I could exercise my own level of discretion. In fact that was the deal I made with the manager in this second part time job job to keep my political independence as a community news blogger. </p>
<p>But I tell you the 3 tax forms as an i.c.  each year is a mind bender. The third one is a supplementary to the 2nd one which is a supplementary to the first one. I even let it go three years and caught up last year. Phew.</p>
<p>From memory there is a threshhold of 20K revenue to qualify as an i.c. sole trader and other rules about controlling your own work and own plant and equipment etc and more than one client etc. It&#8217;s more of an overall test than one or other factor. All this might make sense in an upwardly mobile boom, but you can see where the unions are coming from in a downturn where security is a premium. Good luck to them.</p>
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		<title>By: Margarete Henley</title>
		<link>http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38364</link>
		<dc:creator>Margarete Henley</dc:creator>
		<pubDate>Tue, 22 Sep 2009 06:25:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.crikey.com.au/2009/09/22/the-rise-in-independent-contracting-is-a-myth/#comment-38364</guid>
		<description>Re. independent contractors.
As a tax agent working with these so-called contractors I have met some very unhappy employees who have been forced by employers to apply for an ABN and be employed as a contractor.  Either that or no job!
Currently the ATO is making life difficult for people put in this position by now not issuing ABNs
to them as they are considered to be salary and wages employees.  All fine and good for the ATO, 
but why do they not send out their inspectors to the employers and insist that the workers should be covered for holiday pay, sick leave and superannuation.
In my opinion the responsiblilty lies with the ATO.   I could write a whole essay about what is wrong at the ATO, but it would be a waste of time, they don&#039;t answer the written word or for that matter any other query you might send their way.</description>
		<content:encoded><![CDATA[<p>Re. independent contractors.<br />
As a tax agent working with these so-called contractors I have met some very unhappy employees who have been forced by employers to apply for an ABN and be employed as a contractor.  Either that or no job!<br />
Currently the ATO is making life difficult for people put in this position by now not issuing ABNs<br />
to them as they are considered to be salary and wages employees.  All fine and good for the ATO,<br />
but why do they not send out their inspectors to the employers and insist that the workers should be covered for holiday pay, sick leave and superannuation.<br />
In my opinion the responsiblilty lies with the ATO.   I could write a whole essay about what is wrong at the ATO, but it would be a waste of time, they don&#8217;t answer the written word or for that matter any other query you might send their way.</p>
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