Withholdings for real estate agents?

Published by admin on December 09,2009

One of the nice things about being in real estate in that we are generally treated as independent contractors for tax purposes and work hour requirements. Notice I said

Of course, legally, the California Bureau of Real Estate always treats us as employees of the broker. From 30,000 feet this means that the broker must reasonably supervise any salespeople working for the broker and the broker is generally responsible for a wrong done by the salesperson while the salesperson is acting under the scope and course of employment.

However, for tax purposes and work hour requirements, salespersons can be treated as independent contractors. This generally means:

1. Salespersons are independently licensed.
2. Compensation is based on sales made, not hours worked.
3. There is a written contract that states that the salesperson will be treated as an employee for tax purposes.

Recently, due to the California budget crisis, there was a proposal to have real estate brokers withhold 3% from sales commissions.

Yesterday, we got word that

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