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Hello everyone. First time poster but I have browsed around before. I am hoping to get some direction on a job with another doctor. Long post ahead. Sorry. But thank you to anyone who can chime in!
I am new to New Jersey (not thrilled but kinda need to be here for at least a few years). I am a Podiatrist for a few years now, already licensed in NJ but was working in another state until very recently. I am evaluating a job offer with another Podiatrist. And I am getting stuck.
My prior work was my own office so fully legitimately 1099. I am not interested in opening my own practice in NJ since I really hope I will leave within 5-8 years. A good friend who has his own podiatry practice put me in contact with his healthcare attorney, but that attorney is on vacation for another 2 weeks. I have never had an accountant, I have always done my own accounting & taxes.
The job offer would pay me as an independent contractor (1099). Which I prefer so I can contribute to my retirement accounts & deduct my work expenses. The “other Podiatrist” also prefers to pay me as a 1099. However my friend’s attorney briefly mentioned that this would not pass the “ABC” test in NJ. I did read up on it:
https://www.nj.gov/labor/ea/audit/in...-vs-employees/
I guess maybe “B” I would fail & thus be a W2 employee. The attorney said once he returns we can discuss more. But I am itching to learn more up to that point.
The job offer would not prohibit me from working for anyone else, I can do any other type of work I want. But the other Podiatrist said she has work up to 6 days per week for me, as much as I desire. But I can set my own hours, I will tell her what days & hours I want to work. She requested I bring my own “instruments”, but she would provide supplies & pay staff/utilities. I do not have to pay any office expenses. I will credential myself as a new doctor under her group practice. Her office will submit claims/charges to the insurances. I will get a percentage split of what her office collects from the services I render. The portion she keeps covers my expenses. No other benefits (no health insurance, no paid time off, no vacation, no sick pay, etc…). I would not pay her rent. I would be her only sub-doctor. And honestly I wouldn’t work for someone else at first until at least I get settled. And hopefully never work for someone else if things are going well. She will continue to work, she is not retiring. I pay all my own malpractice insurance, licenses, CDS, DEA, CMEs, & other expenses. I do not acquire or amass any ownership or share in her practice.
Anyone have an idea if I can pass as a 1099? If not, are there any modifications that would push me to 1099 status? I mean I could pay her rent & we adjust the percentage split. I could contribute to expenses if that helps.
And the attorney mentioned not to get entangled with self referrals & kickback & stark laws. I have heard of those before but I am not knowledgeable about them. But the sliver of reading I did… should her & I change from a percentage to a flat fee per patient?
Thanks in advance to anyone who can shed some light!
I am new to New Jersey (not thrilled but kinda need to be here for at least a few years). I am a Podiatrist for a few years now, already licensed in NJ but was working in another state until very recently. I am evaluating a job offer with another Podiatrist. And I am getting stuck.
My prior work was my own office so fully legitimately 1099. I am not interested in opening my own practice in NJ since I really hope I will leave within 5-8 years. A good friend who has his own podiatry practice put me in contact with his healthcare attorney, but that attorney is on vacation for another 2 weeks. I have never had an accountant, I have always done my own accounting & taxes.
The job offer would pay me as an independent contractor (1099). Which I prefer so I can contribute to my retirement accounts & deduct my work expenses. The “other Podiatrist” also prefers to pay me as a 1099. However my friend’s attorney briefly mentioned that this would not pass the “ABC” test in NJ. I did read up on it:
https://www.nj.gov/labor/ea/audit/in...-vs-employees/
I guess maybe “B” I would fail & thus be a W2 employee. The attorney said once he returns we can discuss more. But I am itching to learn more up to that point.
The job offer would not prohibit me from working for anyone else, I can do any other type of work I want. But the other Podiatrist said she has work up to 6 days per week for me, as much as I desire. But I can set my own hours, I will tell her what days & hours I want to work. She requested I bring my own “instruments”, but she would provide supplies & pay staff/utilities. I do not have to pay any office expenses. I will credential myself as a new doctor under her group practice. Her office will submit claims/charges to the insurances. I will get a percentage split of what her office collects from the services I render. The portion she keeps covers my expenses. No other benefits (no health insurance, no paid time off, no vacation, no sick pay, etc…). I would not pay her rent. I would be her only sub-doctor. And honestly I wouldn’t work for someone else at first until at least I get settled. And hopefully never work for someone else if things are going well. She will continue to work, she is not retiring. I pay all my own malpractice insurance, licenses, CDS, DEA, CMEs, & other expenses. I do not acquire or amass any ownership or share in her practice.
Anyone have an idea if I can pass as a 1099? If not, are there any modifications that would push me to 1099 status? I mean I could pay her rent & we adjust the percentage split. I could contribute to expenses if that helps.
And the attorney mentioned not to get entangled with self referrals & kickback & stark laws. I have heard of those before but I am not knowledgeable about them. But the sliver of reading I did… should her & I change from a percentage to a flat fee per patient?
Thanks in advance to anyone who can shed some light!
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