Specific laws and regulations govern the classification of individuals as W2 employees or 1099 independent contractors. Recent updates in March 2024 have introduced more stringent requirements for an individual to qualify as a 1099 contractor. 1099 Contractors must follow this criteria:
Requirements to be a 1099 contractor for Overcomers:
Business name. To receive payment from Overcomers, you must have an Employer Identification Number (EIN) instead of your Social Security Number (SSN). Payments from Overcomers will be made to your business name (e.g., Jane Doe Psychiatry LLC), not your individual name. Please complete this W9: https://www.irs.gov/pub/irs-pdf/fw9.pdf using your business name and EIN and send to Garrett Luttman.
Carry your own business liability and professional liability insurance. You’ll need to obtain and maintain business liability insurance and professional liability insurance and name Overcomers Counseling as an additional insured. Please email Garrett Luttman your COI, if you have not already.
Have a workers comp policy. In your business, you’ll need to have a workman's comp policy or letter waiving workman’s comp. Please send this letter/policy to Garrett Luttman and be sure to have the letter on your own letterhead.
Market for other clients from other sources. You’ll need to have a website or something similar (Psychology Today profile) on which you can potentially receive clients from (other sources), not just Overcomers. Please email Garrett Luttman a link to your website/profile or provide us a letter with a name(s) of the other practices you work for.
Staff Members Switching from W2 to 1099:
If you want to switch from a W2 employee to a 1099 contractor, please note that this process cannot be undone. Only under rare circumstances can you go back to being a W2 employee. Please complete the form below to switch from W2 to 1099.