Superior Proside, Inc. - Page 7




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                    SEC. 3121(d).  Employee.--For purposes of this                    
               chapter, the term “employee” means--                                   
                         (1) any officer of a corporation; or                         
                         (2) any individual who, under the usual                      
                    common law rules applicable in determining the                    
                    employer-employee relationship, has the status of                 
                    an employee; or                                                   
                         (3) any individual (other than an individual                 
                    who is an employee under paragraph (1) or (2)) who                
                    performs services for remuneration for any                        
                    person--                                                          
                              (A) as an agent-driver or commission-                   
                         driver * * *;                                                
                              (B) as a full-time insurance salesman;                  
                              (C) as a home worker * * *; or                          
                              (D) as a traveling or city salesman                     
                         * * *;                                                       
                    * * * [under specified conditions]; or                            
                         (4) any individual who performs services that                
                    are included under an agreement entered into                      
                    pursuant to section 218 of the Social Security                    
                    Act.                                                              
               Regulations promulgated under section 3121(d) clarify the              
          scope of the inclusion in paragraph (1) for corporate officers,             
          as follows:                                                                 
               Generally, an officer of a corporation is an employee                  
               of the corporation.  However, an officer of a                          
               corporation who as such does not perform any services                  
               or performs only minor services and who neither                        
               receives nor is entitled to receive, directly or                       
               indirectly, any remuneration is considered not to be an                
               employee of the corporation. * * * [Sec. 31.3121(d)-                   
               1(b), Employment Tax Regs.]                                            







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Last modified: May 25, 2011