When considering whether or not
to be an employee or a corporation you first must consider
the following:
a) Whether or not you are
an employee is again another very complicated consideration. It
holds its determination again in the acts and circumstances of
the situation. There are many considerations such as direction
and control of the employer over the taxpayer, or not. The reason
why Captains and some crew are able to be a subcontractor is for
thef act that the owner really does not have direction and control
over you. The old adage of the fact that the captain goes down
with the ship really does hold water here. For this fact alone
combined with industry custom means that the Captain can be a subcontractor.
Since every subcontractor can choose to be a corporation the determination
really is between being an employee or an "S" corporation.
b) In determining whether or
not to be an employee or a "S" Corporation you must
first determine if you qualify for the foreign income exclusion.
Employees and not corporations qualify for the foreign income
exclusion. We use "S " corporations mostly for when
the taxpayer is a United States Citizen and not qualifying
for the foreign income exclusion.