Vingiano LLC is an independent creative consultancy that works with brands, agencies and non-profit organizations on a contract basis. It is led by Jonathan Vingiano and based in the great state of New York.
When you hire Vingiano LLC, you are not hiring an individual, you are hiring a company.
Let’s talk about working together.
Vingiano LLC is a corporation that works with agencies & brands to help them solve creative problems. The relationship is between your company and Vingiano LLC: a business to business relationship, both on paper and in practice.
Some HR and Finance departments have been taking a one-size-fits-all-W2 approach with all types of contractors. Meanwhile, many of large, medium, and small agencies & brands have looked at the overall criteria and realized that 1099 is both the appropriate and accurate classification when dealing with corporate contractors.
Sometimes, we hear “but what if the duties are similar to job positions on staff?” And while an individual contractor on 1099 could be reviewed during a labor audit, a corporate contractor, by definition, cannot be an employee, and this condition does not apply.
It comes down to the three ways the IRS makes the determination:
1. Behavioral
Vingiano LLC independently defines how we approach the work. We deliver work, hit deadlines, address feedback, and push forward. We don’t go into your office, we don’t use your software or equipment, and we work on the project wherever we need to, providing your company with the best creative ideas possible.
2. Financial
Vingiano LLC is legally structured as a corporation, and therefore must pay our own taxes, workers comp, liability insurance, unemployment insurance, social security, Medicare, healthcare, and 401k plans. We also pay for our own physical workspace, technology, professional development, and do not receive a salary from your company.
3. The Type of Relationship
Vingiano LLC, as a corporation, does not receive any of the individual employee benefits typical of a W2 employee, such as paid time off, health insurance, life insurance, dental insurance, retirement benefits, childcare benefits, or any workplace perks. The length and terms of our relationship is outlined in a contract, and usually limited in duration, with the possibility to reevaluate and extend. In any given year, we work for a wide range of agencies, clients, and non-profit organizations.
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We hope this helps explain why Vingiano LLC can’t go on W2,
because another corporation cannot be your employee.
We are happy to provide any additional information to your HR / Finance Dept., or work via a vendor system if you prefer.