Hiring a company as an employee?
Right now I have been in talks with another client who wants to hire me not as a contractor but as an employee. This is the first time this has come up so I'm not sure how this is handled. He wouldn't be providing any of my equipment, nor an office, nor setting my hours, I would have a great deal of control over my work, and a lot of the risk would still be in my hands to make their project profitable. It would basically be like a contract job but on paper it would be an employment contract. (I think he's doing this for some tax benefits on his end...)
Looking at an Independent Contractor vs Employee checklist it seems to me that this SHOULD be classified as a contracting position. It doesn't add up to me so it seems to me this would be a good way for me and the company to get an audit.
1) Is it the employers/clients responsible to use the correct contract type (work for hire/contract vs employee) or is the onus on me? Should I insist on a contracting contract if I believe that is what it should be?
2) Would it be wise to take on such a nebulous job as an employment contract, one that the CRA could deem one way or another depending on if they use the checklist or go by the original contract? I.e. employer thinks I'm an employee, but CRA might go by contractor if they use their checklist.
3) Since this job requires the use of assets which are a part of my consulting company what is the proper way to utilize these assets outside of the realm of the company, or would I need to work to be under my consulting business if I want to have access to these assets.
Thanks for any insight!