Gerald said:
Once an organization starts telling an Independent Contractor where and what time to be someplace and dictating what they do the Independent Contractor becomes an employee, no matter what paperwork is signed.
I don't think that's necessarily true. There appears to be plenty of grey area on this one.
This topic on the IRS website seems to leave a lot of things up in the air as they relate to the IPT.
http://www.irs.gov/taxtopics/tc762.html
For instance it cites three categories, Behavioral control, financial control and the Type of Relationship itself.
From the website:
Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training, or other means.
Debatable for IPT, would depend on what part is considered 'work'. The linked pdf file says that time and location may be less important than directions on how to perform the work. There are rules, but KT doesn't tell players what shots to shoot. During the matches they are on their own.
Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job. This includes:
The extent to which the worker has unreimbursed business expenses,
To a great extent
The extent of the worker's investment in the facilities used in performing services,
Very little investment
The extent to which the worker makes his or her services available to the relevant market,
Players definitely work for other people in the relevant market
How the business pays the worker, and
The extent to which the worker can realize a profit or incur a loss.
Players can get compensated any range of values depending on their performance...full range of profit or loss I'd say.
Type of Relationship covers facts that show how the parties perceive their relationship. This includes:
Written contracts describing the relationship the parties intended to create,
The extent to which the worker is available to perform services for other, similar businesses,
I'm sure they have those.
Whether the business provides the worker with employee–type benefits, such as insurance, a pension plan, vacation pay, or sick pay,
Nope.
The permanency of the relationship, and
Not permanent
The extent to which services performed by the worker are a key aspect of the regular business of the company.
Key aspect, but not sure how this would be interpreted legally
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End of quote
So all in all, I'm not sure what status the players would have WRT the IPT. I don't think they would be employees, but they aren't quite Independent contractors either, unless they have a contract in place.
Since they are really splitting the sponsor's money with KT, (if everything goes according to plan) maybe they are closer to silent partners than anything else.
Cheers,
RC