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Old 09-04-2019, 12:48 PM
 
Location: Toronto
669 posts, read 322,039 times
Reputation: 804

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This is just in regard to the movement out there where apps like Uber, Lyft, those meal delivery apps, where the people accepting to provide the service are trying to get 'employed' status.

Aren't those online marketplace sites pretty much the same? Instead of a product sold, it's a service in Uber's case.

Mainly people get to decide whether they sell or provide that service? One can also argue people requesting a ride on Uber/Lyft as posting a "wanted" ad in the classified section, which allows providers to decide whether to provide that service.

I guess the key difference is Uber sets the price, which is variable. For let's say Ebay, the fee they take is based on the selling price, similar to Uber.

Thoughts?
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Old 09-04-2019, 01:55 PM
 
Location: Michigan
5,655 posts, read 6,233,450 times
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I think there's a big difference in the level of influence eBay and similar sites have over the work conditions of those selling their wares. In the case of eBay, YouTube, etc., the site is offering more of a platform for people to offer their wares, videos, etc., whereas Uber, Lyft, etc., have a whole infrastructure, pricing, etc. that is set with the sellers (in that case drivers) having no say in it other then when they drive. It's similar to the distinction between W2 employees and 1099s. If a company has too much control over a 1099 that individual may be found to be an employee rather than a contractor.
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Old 09-04-2019, 06:27 PM
 
15,590 posts, read 15,710,579 times
Reputation: 22009
Quote:
Originally Posted by blistex649 View Post
This is just in regard to the movement out there where apps like Uber, Lyft, those meal delivery apps, where the people accepting to provide the service are trying to get 'employed' status.

Aren't those online marketplace sites pretty much the same? Instead of a product sold, it's a service in Uber's case.

Mainly people get to decide whether they sell or provide that service? One can also argue people requesting a ride on Uber/Lyft as posting a "wanted" ad in the classified section, which allows providers to decide whether to provide that service.

I guess the key difference is Uber sets the price, which is variable. For let's say Ebay, the fee they take is based on the selling price, similar to Uber. Thoughts?
My impression is that Uber does, in fact, hire drivers. Craigslist, on the other hand, does not hire people to run ads.
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Old 09-04-2019, 06:51 PM
 
272 posts, read 271,611 times
Reputation: 482
Well, PayPal has sent me a 1099-K every year since 2012. Uber, Lyft, Lime, & bird send me 1099-MISC. They aren't employers, the people making money off of them are self employed.
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Old 09-05-2019, 11:15 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,656 posts, read 81,386,567 times
Reputation: 57906
Quote:
Originally Posted by slomofo View Post
Well, PayPal has sent me a 1099-K every year since 2012. Uber, Lyft, Lime, & bird send me 1099-MISC. They aren't employers, the people making money off of them are self employed.
They are simply a classified ad "clearing house" for self-employed people. As such the government has required them to do the 1099 since they have the data, to prevent tax fraud (avoidance). Strictly speaking, people that sell at garage sales should be paying tax on the income for anything selling for more than it cost them.


I think Uber and Lyft are also "clearing houses" for independent contractors as long as the drivers are using their own vehicles. If these companies provided cars, then they would be employers.
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Old 09-05-2019, 11:46 AM
 
Location: Boston, MA
5,349 posts, read 3,231,902 times
Reputation: 7006
The IRS lays out the tests to determine contractor vs. employee status.

https://www.irs.gov/newsroom/underst...or-designation
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Old 09-12-2019, 03:34 PM
 
Location: Las Vegas, NV
2,114 posts, read 2,351,093 times
Reputation: 3068
Quote:
Originally Posted by Hemlock140 View Post
Strictly speaking, people that sell at garage sales should be paying tax on the income for anything selling for more than it cost them.
I have yet to see a garage sale item priced at more than original retail.
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Old 09-13-2019, 10:26 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,656 posts, read 81,386,567 times
Reputation: 57906
Quote:
Originally Posted by orca17 View Post
I have yet to see a garage sale item priced at more than original retail.
It doesn't really matter, because the IRS is not likely to investigate the casual Ebay seller, but. . .a friend buys at thrift stores and garage sales and sells on Ebay, mostly vintage china, such as Fiestaware which goes back as far as 1870. They sell for far more than when new, and even more than current prices for new. Te idea is to buy from people that don't realize what they have.
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Old 12-26-2019, 02:01 PM
 
4 posts, read 1,506 times
Reputation: 10
Quote:
Originally Posted by BoSox 15 View Post
The IRS lays out the tests to determine contractor vs. employee status.

https://www.irs.gov/newsroom/underst...or-designation
I wish this were more distinctive. I'm currently trying to figure out whether I'm an employee or not. I'm contracted with someone who is scheduling my activity on almost a weekly basis, which includes training and out of town travel. I'm being reimbursed for some expenses. I'm using an @theircompany.com email address. I'm told that the expectation is that this is a 40-hour a week job, and I've been told that others have been terminated for carrying additional contracts, even though there is no specific exclusivity in the contract I signed.

Additionally, I'm being called everyday, sometimes multiple times a day, mostly just to "check in". And I've only been working for 3 weeks, so there has been not chance that the work I'm doing is not sufficient. I've spoken to others (3 other contract people) and have learned that many people just resign the position. Other employees are just "coping". While other, non-experienced contractors are just going along with it (young people that don't realize they are being taken advantage of).

I don't know what to do... at a loss. Finally came up with the idea to write a contract addendum, to charge for my time hosting guest sales people in my territory, attending the mandatory out of town meeting, writing reports and to attend out of town training. I think that's only fair...
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Old 01-13-2020, 06:28 AM
 
Location: From the Middle East of the USA
1,544 posts, read 1,539,610 times
Reputation: 1920
It's hard to comment on the topic because the premise that the OP suggests can be argued in various ways: For me, an Uber driver is an independent contractor and not an employee, so it's hard to compare them to Ebay or other platforms.
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