Employee Vs Independent Contractor
The IRS wants all businesses and business owners to
know the difference between an Employee and an Independent Contractor. One will
have income tax, Social Security, and Medicare withheld from their pay, the
other will not. This may seem like a small issue, but our next post will
discuss why it matters.
Here
are a couple of points to keep in mind to help make the distinction. How the
business exerts behavioral control, such as determining what work should
be accomplished and directing how it is done, that matters to the IRS. Financial
control such as how the worker is paid and the extent they can make their
services available to the market are also taken into consideration.
Apart from the aspect of control, how the relationship
is defined plays a key role. This will include written contracts, the provision
of a pension, insurance plan vacation or sick days, or the extent the worker
has unreimbursed business expenses. These all matter to the IRS and are
something they will focus on in the event of, an audit.
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