Are you an Employee or a Contractor? It is time to get this right!
Do you pay your
workers as EMPLOYEES or CONTRACTORS?
With the NEW YEAR now
here, it's TIME TO GET THIS RIGHT!
One of the most
recent HOT TOPICS with both the IRS and the DOL is to investigate businesses
for the MISCLASSIFICATION of their WORKERS.
For the past few
years, businesses have misclassified their workers as contractors instead of
employees in order to save 7.65% in matching payroll taxes. Because these
businesses have been able to get by without being monitored and corrected,
these business owners have become comfortable with this process and don't think
they are doing anything wrong.
In fact, because a lot
of businesses have been operating this way, new business owners starting up the
same business believe that it is ok to operate like this as well.
The IRS has been
aware of this problem and now are about to use their newly hired employees to
become very aggressive about correcting this KNOWN PROBLEM to assess back
withholding taxes and penalties to those companies identified.
There are 3 tests that the IRS uses to classify workers:
BEHAVIOR: Is the
worker's job "controlled" by the firm?; Are instructions on how to
perform the work and are evaluations and training conducted?
FINANCIAL: Is the
worker restricted to work for only one firm and provided tools by the company
to do the work?
TYPE OF RELATIONSHIP:
Does the worker receive paid sick and vacation days?; Was the worker hired to
perform services for an indefinite time or specific time?
If you have a company
and have been doing this for years, you may qualify for Section 530 relief for
the misclassifications.
Also, if you don't
qualify for the Section 530 relief by the IRS, there is a program that the IRS
offers called a Voluntary Classification Settlement Program that will allow you
to voluntarily correct errors, pay a modest penalty and receive audit
protection for prior years. You must also agree to treat the workers as
employees in the future and issue W-2s to them.
If you have
misclassified your workers in the past, CORRECTLY CLASSIFY YOUR WORKERS now,
BEFORE THE IRS FORCES YOU TO DO IT!
Contact me, TODAY,
for assistance with PAYROLL TAXES, INCOME TAXES, BOOKKEEPING, BUSINESS
CONSULTATION!
Be Well!
Bonnie
OTR Specialist
www.Dorseytaxplace.com
972-672-8850
Comments
Post a Comment
We enjoy friendly feedback and conversation at Your Tax Place. Thank you for joining in! We will make every effort to reply to your comments.