Actually, there are guidelines that the IRS follows to determine if a booth renter is indeed a booth renter, not an employee. Some of them are: The booth renter collects her own payment for services rendered The booth renter has her own key to the salon The booth renter sets her own hours The booth renter purchases all her own supplies The booth renter keeps her own client records and books her own appointments
You do not have to do/have all these things, but, the IRS could decide that you are an employee, not a booth renter, if the salon does not meet most of these requirements. Katherine St. Louis, MO Sent from my iPad On Sep 8, 2011, at 2:47 PM, [email protected] wrote: > The IRS does not regulate anything except payment of taxes. This is not at > issue here. > > What is at issue is the agreement between the two parties: they have an > agreement where your friend is a renter. She owes for the use of the space > and the amenities that were discussed at move in. > > Coming back later and asking for anything else is a breech of that agreement. > In some states, a verbal contract has the same force of law that a written > one. This would be contract law. > > If she wants to stay she should get 2 things: a written agreement spelling > things out and a couple hundred bucks to an attorney to protect her interests. > > OR, she agrees to enter into a NEW relationship as a *worker*---and will be > paid commish as either an employee or an independent contractor. > > How badly does she want to stay? This wacky stunt the owner is trying to pull > indicates bigger problems at play. > > Whether or not a booth renter has a key to the premises is a negotiated > thing. North Park Mall may not issue keys to the mall itself to all its > tennants. > > Tell her we wish her luck! > > Karen > Sent via BlackBerry by AT&T > > From: Aimee Nails <[email protected]> > Sender: [email protected] > Date: Thu, 8 Sep 2011 06:21:45 -0500 > To: [email protected]<[email protected]> > ReplyTo: [email protected] > Subject: Re: NailTech:: Booth Rent and Commission > > Karen, thanks for your input. I'm actually not on this situation but a > friend is and I'm trying to help her out. > Do you know if there are IRS or other laws that support this? > > Good point on the contract! > Also if you booth rent are you entitled to a key to the shop? > > Sent from my iPhone > > On Sep 7, 2011, at 11:43 PM, Karen <[email protected]> wrote: > >> I'd say to the owner, "You can't have it both ways..." Either you rent a >> booth/space...and you function as if you are a business within a >> business...or you are either an employee or independent contractor on >> commish. >> >> This would be like North Park Mall suddenly saying to Nordstrom's >> ...hey...we want you to pay us half what you sell to someone who walks into >> our mall.. >> >> Two more points I'd add >> 1. the client never "belongs" to anyone...they are free to choose to stay >> or go >> 2. one word: contract. >> >> Hope you get this worked out!! >> >> >> Karen Hodges >> >> >> From: Aimee Nails <[email protected]> >> To: [email protected] >> Sent: Wed, September 7, 2011 8:56:20 PM >> Subject: NailTech:: Booth Rent and Commission >> >> Has anyone ever heard if this situation? >> >> A booth renter is asked by the owner to pay them a commission on any walk in >> client they take and that client "belongs" to the salon. >> >> Aimee >> St. Louis, MO >> >> Sent from my iPhone >> >> -- >> You received this message because you are subscribed to the Google Groups >> "NailTech" group. >> To post to this group, send email to [email protected]. >> To unsubscribe from this group, send email to >> [email protected]. >> For more options, visit this group at >> http://groups.google.com/group/nailtech?hl=en. >> >> -- >> You received this message because you are subscribed to the Google Groups >> "NailTech" group. >> To post to this group, send email to [email protected]. >> To unsubscribe from this group, send email to >> [email protected]. >> For more options, visit this group at >> http://groups.google.com/group/nailtech?hl=en. > -- > You received this message because you are subscribed to the Google Groups > "NailTech" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]. > For more options, visit this group at > http://groups.google.com/group/nailtech?hl=en. > -- > You received this message because you are subscribed to the Google Groups > "NailTech" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]. > For more options, visit this group at > http://groups.google.com/group/nailtech?hl=en. -- You received this message because you are subscribed to the Google Groups "NailTech" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/nailtech?hl=en.
