Legit Job offer for a CPL...?

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Magnus P.IFR

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Found a short-term flying contract listed today and replied as I am between flying gigs. They want to rent a plane and have someone fly it and then pay them via 1099. As far as I know that would be determined as “holding out” thus not legal for Joe Schmo CPL.

Edit*

Holding out has been clarified. Thanks all.
 
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Even when offered a job, one doesn’t have to take it.

That job sounds interesting, MT in Aug, yes, apply.
 
Pilot supplies the airplane = holding out.
Employer supplies the airplane (even a rented one) = pilot services. Perfectly legal.
 
The being paid on a 1099 is what would keep me from taking the gig but that's just me.
 
I don't know anything about taxes, but this isn't a job, it's a short-term contract. How else is there to get paid other than 1099?
 
1099 = be sure to write off _all_ your expenses.
 
Gerhardt said:
I don't know anything about taxes, but this isn't a job, it's a short-term contract. How else is there to get paid other than 1099?
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Under the table. Duh.

I thought holding out was when you offer your services. Per my commercial check ride an entity approaching me and asking me to fly a box of rubber dig crap to another city is not holding out - provided one doesn't become known as a pilot offering services.
 
aftCG said:
I thought holding out was when you offer your services. Per my commercial check ride an entity approaching me and asking me to fly a box of rubber dig crap to another city is not holding out - provided one doesn't become known as a pilot offering services.
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You can offer your services all you want...you just can’t provide the airplane, too.
 
Gerhardt said:
I don't know anything about taxes, but this isn't a job, it's a short-term contract. How else is there to get paid other than 1099?
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On a W2 as an employee. The length of the employment has absolutely nothing to do with whether you're an employee or a contractor. This may well be a legit contractor gig. I don't do contractor gigs. Been there done that, won't do it again. Not worth the headache for me. Hence my comment.
 
Let me preface with I don’t have a cpl and never heard of holding out in aviation.
What does “holding out” mean.
I plan on starting to study for cpl in the fall though!
 
benyflyguy said:
Let me preface with I don’t have a cpl and never heard of holding out in aviation.
What does “holding out” mean.
I plan on starting to study for cpl in the fall though!
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Holding out is one of the things that defines whether an operation is considered by the FAA to be a charter. It’s basically that you’re offering both pilot and airplane to the general public.
 
MauleSkinner said:
Holding out is one of the things that defines whether an operation is considered by the FAA to be a charter. It’s basically that you’re offering both pilot and airplane to the general public.
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Yep and we spent about 30 minutes talking through damn near every nuance the DPE could think of during the 3 hour oral for the CPL checkride back in 2017 when I did mine. Hope I don't have to go through that again for the ME add-on... :rolleyes:

Brian
 
benyflyguy said:
Let me preface with I don’t have a cpl and never heard of holding out in aviation.
What does “holding out” mean.
I plan on starting to study for cpl in the fall though!
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It took me a few brain cycles to catch on that it is someone holding out to you (aka offer or provide, like I hold out to you a beer if you’re thirsty) and not “keeping it from you”

It’s an older phrasing that isn’t oft used in today’s lexicon.

Advisory Circular 120-12A, Private Carriage versus Common Carriage of Persons or Property will provide additional detail.
 
Magnus P.IFR said:
They want to rent a plane and have someone fly it and then pay them via 1099.
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From their perspective, I think I can see why: No liability. I don't think, though, you'd pass the independent contractor test. Can you, for instance, do the work on your own schedule? Something to investigate, as I may not be up to speed these days.
 
dtuuri said:
From their perspective, I think I can see why: No liability. I don't think, though, you'd pass the independent contractor test. Can you, for instance, do the work on your own schedule? Something to investigate, as I may not be up to speed these days.
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Agreed. I'm no expert but flying the plane the supply, where they want it go, on the schedule they dictate sure seems like it would have a tough time passing an IRS IC test.
 
Nothing wrong with a 1099 but you could just invoice him and get paid. I did some A&P work for a guy with a PITA accountant and he asked for my SSN. Nonya, I replied. I give you an invoice and you pay it. End of story. Still doing work for the guy.
 
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