Independent contractor or employee- which is the right classification?
As an employer, you are required to pay payroll taxes withheld from your employee paycheck in addition to the employer taxes. For independent contractors, you need to issue a 1099 form by Jan 31st of each year. Therefore, there are different compliances to take note of based on the type of classification and as a business owner, you may come across this scenario quite often.
There may be a few special projects in your business, that may require you to hire an expert or someone with specialized skills. So, how do you know which is the correct classification?
The answer is that there is no set rule and it is based on various guidelines provided by IRS. Following are few guidelines to take note of:
2.Perception of the employee-worker Relationship
How the employer and the worker perceive the relationship is also another key factor.
If independent contractors are compensated and provided the same level of benefits as employees, then there is a very high chance that IRS may require you to payroll taxes and cancel the independent contractor status.
On the other hand, if the independent contractors are able to complete their tasks with least intervention from the employer and with minimal supervision, then they may be correctly being classified as independent contractors.
You can use IRS form SS8 to further assist with determining the correct status.
Posted In: TaxGo Back