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US Independent Contractor Unemployment Insurance

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Active Member
Lees R Member Since: Apr 1, 2020
21 of 30

Upworkers do not "telework," and the lawmakers have designed a bill that does include us.  Simply put, finding work online and telework are two legally distinct processes as noted by the government.

In the same way the terms "freelancer" and "self employed" are defined legally by whether you file your taxes with a 1040 Schedule C, the term "telework" is defined legally in the Telwork Enhancement Act and is outlined by the U.S. Office of Personnel Management at 
https://www.opm.gov/faqs/topic/telework/index.aspx?page=1

"The Telework Enhancement Act defines telework or teleworking as a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.  In practice, telework is a work arrangement that allows an employee to perform work, during any part of regular, paid hours, at an approved alternative worksite (e.g. home or telework center)."

Since upwork independent contractors are not employees working from an approved worksite  during regular, paid hours, you qualify for Pandemic unemployment insurance as a gig worker, again, as defined by your filing for taxes using a 1099. 

 

To say this differently, Upworkers find work online, but they do not telework. They are gig workers that use online resources to find work, but they do not telework. The lawmakers understood that clients worldwide are impacted and that our income has plummeted, sometimes to zero.  That is why they used a legal term in the CARES act.  

 

NOW--THE BAD NEWS!!!!!!!!

Please note: the problem is not whether you qualify--you do--the problem is how you will "self certify" your earningins and whether that self certification will be  accepted. If you listed your earnings on your 1040 for 2019, you will be fine. However, if you did not report your earnings, you will have screwed yourself because unlike many other online platforms that operate on the backs of gig workers, neither Upwork nor its workers issue workers a 1099, which is a crock of shot. You will need your schedule C.

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KAREN S Member Since: Jun 7, 2019
22 of 30
As I indicated earlier, I am in hopes Upwork Earnings Reporting will suffice for 2019, as my husband and I have not filedincome taxes as of yet.  Upwork 2019 Earnings Report plus 2018 1040 C.  Will that work to self certify??
Thanks!!


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Community Guru
Douglas Michael M Member Since: May 22, 2015
23 of 30

KAREN S wrote:
As I indicated earlier, I am in hopes Upwork Earnings Reporting will suffice for 2019, as my husband and I have not filedincome taxes as of yet.  Upwork 2019 Earnings Report plus 2018 1040 C.  Will that work to self certify??
Thanks!!

From everything I've read, no, as far as federal funds may (or may not) go. Why not file for 2019?

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KAREN S Member Since: Jun 7, 2019
24 of 30
The President gave an extension, so taxes are not due until mid June.

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Lisa B Member Since: Dec 29, 2015
25 of 30

No, not June. The deadline for both federal and state is now July 15th.

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KAREN S Member Since: Jun 7, 2019
26 of 30
Thanks.

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Douglas Michael M Member Since: May 22, 2015
27 of 30

KAREN S wrote:
The President gave an extension, so taxes are not due until mid June.

And...? Somehow that makes it easier to patch something together that you're not sure will work, vs. putting the effort into something that has been announced will work?

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KAREN S Member Since: Jun 7, 2019
28 of 30
My husband is in the Media.  We require very specific tax serviceswhich require in person meeting.  We are not choosing to do that at this time.Now, If the Certificate of Employment with my 2018 C will not work,then I suspect we will reconsider, or go a different route.
I have no State UI parameters for self certification at this time, as my state is awaiting guidancefrom the USDOL before proceeding.

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Community Guru
Douglas Michael M Member Since: May 22, 2015
29 of 30

KAREN S wrote:
My husband is in the Media.  We require very specific tax serviceswhich require in person meeting.  We are not choosing to do that at this time.Now, If the Certificate of Employment with my 2018 C will not work,then I suspect we will reconsider, or go a different route.
I have no State UI parameters for self certification at this time, as my state is awaiting guidancefrom the USDOL before proceeding.

Sorry, Karen, it was impertinent of me to ask about how you conduct your business. The most common recommendations for verifying Upwork income for a tax year are the Earnings by Client report (simpler) or the Transaction History (includes non-commission expenses like connects). Not sure if you mean Certificate of Employment or Certificate of Earnings. The latter has been repeatedly reported as not helpful in this context.

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KAREN S Member Since: Jun 7, 2019
30 of 30
Thank you.
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