North Texas Dentistry Volume 4 Issue 5 | Page 27

THE UPSIDE There are numerous benefits to working as an independent contractor. More freedom. This route provides more freedom and potentially greater earnings to the dentist who is willing and able to invest the effort. There is often an understanding that independent contractors are not exclusive to the practice, and therefore may moonlight at other practices. Possible tax savings. The independent contractor also may ultimately pay less in taxes. Although they do not have an employer paying approximately half of their employment taxes, they can deduct the expenses of doing business. More importantly, while independent contractor dentists in Texas are required to pay self-employment taxes (Social Security and Medicare) and federal income taxes, in addition to any other taxes under their chosen business entity, there are entity structuring options that can significantly reduce their taxes. One potentially favorable business entity for independent contractor dentists is the Professional Limited Liability Company (PLLC) that files taxes as an S-corporation. Under the PLLC, the dentist is shielded from certain liabilities (as opposed to being a sole proprietorship), and the dentist saves on taxes through the S-corp filing. THE DOWNSIDE The life of an independent contractor is not without its downsides, however. Less protection. Employee dentists have labor law protection from exploitation and discrimination, and have the heft of the Texas Workforce Commission on their side when it comes to being timely paid. Independent contractors do not. As the name suggests, their relationship with the practice is governed primarily by state contract law. This means that if the dentist is unpaid, or has other grievances, the matter must be settled in court. Independent contractors also assume their own liabilities for business operations and malpractice claims against them. selves of the tax benefits available to independent contractors. Nevertheless, there are many practical and tax advantages to being treated as an independent contractor. By no means is there consensus on this subject, even among respected industry professionals. Determining whether or not a dentist can safely be classified as an independent contractor requires a fact-intensive analysis, and every situation is unique. Before accepting an arrangement as an independent contractor, you should consult with your accountant and your attorney to make sure that the relationship is structured in accordance with the legal requirements and in a way that makes financial sense. Joseph McGregor exclusively represents dentists. This laser focus on the industry has enabled him to gain keen insights into a multitude of dental transitions, business models, and scenarios. Joseph’s legal education emphasized corporate law, and his professional background is in larger business transactions involving sophisticated commercial acquisitions and real estate arrangements. This training allows him to appreciate the complexities in dental transactions at a level typically reserved for attorneys with exorbitant billing rates. Depth of experience and service-orientation makes Joseph McGregor a frequent source of help for both local dentists and many of the service professionals that assist them. He is truly interested in seeking the best outcome for the dental community in each transaction he touches. Joseph McGregor handles most of McGregor’ ́