News & Analysis as of

Independent Contractors Tax Liability

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Foley & Lardner LLP

New York Employers Should Take Advantage of the “Freelance Isn’t Free Act” Requirements to Reexamine Independent Contractor...

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Nearly six months after it was passed — with overwhelming support — by the New York Legislature, Governor Kathy Hochul recently signed Assembly Bill A6040, or the Freelance Isn’t Free Act (the “Act”). With an effective date...more

Foley & Lardner LLP

Ensuring Your Independent Contractors Don’t ‘Deliver’ Wisconsin Unemployment Insurance Tax Liability

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Those doing business in the Badger State should take note — in a recent case, the Wisconsin Court of Appeals determined that delivery drivers who were paid as independent contractors were improperly classified as such. ...more

McDermott Will & Emery

Weekly IRS Roundup January 3 – January 6, 2023

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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of January 3, 2023 – January 6, 2023...more

Littler

Department of Labor and IRS Intensify Cooperation on Worker Misclassification

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On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for...more

Freeman Law

Section 530 and IRS Employment Tax Audits: Worker Classification and Relief

Freeman Law on

Worker Classification and Section 530 Relief - Employers are required to pay employment taxes to the IRS. Generally, these payments consist of two portions: the employee’s portion of FICA and income taxes and the employer’s...more

Payne & Fears

[Webinar] Legal & Tax Pitfalls of a Remote Workforce - March 3rd, 9:00 am - 10:00 am PST

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Many companies are shifting to remote or hybrid workplaces. Our legal and tax professionals are teaming together to highlight hot-button issues for your remote workforce. TAX PITFALLS •Employment •Income tax •Residency ...more

Oberheiden P.C.

Eleven of the IRS's Enforcement Priorities During the 2021 Tax Season

Oberheiden P.C. on

It is tax season once again. While the Internal Revenue Service (IRS) has extended this year’s filing deadline to May 17, 2021 for individuals, businesses must still file by April 15, and all U.S. taxpayers must ensure that...more

Morgan Lewis - ML Benefits

Separate State Filing Required for Form 1099-NEC

For the 2020 tax year, the Internal Revenue Service (IRS) moved reporting of certain nonemployee compensation, including current and deferred compensation paid to independent contractors and corporate directors, from Form...more

Payne & Fears

[Webinar] 2020 Virtual Employment Law Seminar: Fear Nothing - October 21st, 9:30 am - 3:30 pm PDT

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This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more

Robins Kaplan LLP

Financial Daily Dose 7.15.2020 | Top Story: America’s Biggest Banks Setting Aside Tens of Billions for Anticipated Loan Losses

Robins Kaplan LLP on

The latest quarterly reporting shows that America’s biggest banks—among them, JPMorgan, Citigroup, and Wells Fargo—are taking self-imposed hits now in anticipation of a “wave of loan losses” later. Those three are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Serbia’s New So-called 'Independence Test'

The latest amendments to the Law on Personal Income Tax in December 2019 introduced an obligation to apply and implement the so-called “independence test” for entrepreneurs....more

Morgan Lewis

Nonemployee Compensation Reportable on Revived Form 1099-NEC for 2020 Payments

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The Internal Revenue Service has revived Form 1099-NEC to eliminate confusion about complying with new filing deadlines aimed at combatting fraud. ...more

McGuireWoods LLP

Are You Prepared for the New IR35 Changes?

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Employers will now be responsible for determining the employment status of independent contractors in relation to tax, with the potential to become liable to account for that tax themselves if they fail to do so....more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

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Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Sheppard Mullin Richter & Hampton LLP

California AB 5 in Entertainment, Media and Advertising

As previously reported, Governor Gavin Newsom recently signed into law AB 5. The controversial law narrowing the classification of independent contractors was aimed at companies like Uber and Lyft. But what does it mean for...more

Best Best & Krieger LLP

Public Agency Board Members’ Worker Classification Matters for Tax Purposes

Due to the IRS’ different treatment of private sector and public agency boards of directors, it comes as little surprise that many California special districts and public agencies continue to classify their board members as...more

Burr & Forman

IRS Misclassifications and Costly Penalties: Independent Contractor or Employee?

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Failing to properly classify an individual as an independent contractor can result in expensive penalties to the employer – imposed by both the United States Department of Labor and the Internal Revenue Service. As it...more

McDermott Will & Emery

Weekly IRS Roundup February 18 – 22, 2019

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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of February 18 – 22, 2019. February 19, 2019: The IRS issued a news release promoting online...more

Foodman CPAs & Advisors

What is your Work Status? Employee or Independent Contractor?

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Worker classification or work status has an effect on how a Taxpayer will pay federal income taxes, social security and Medicare taxes, and how a Taxpayer files a tax return. ...more

Fisher Phillips

Am I My Brother’s Keeper? New California Law Says If You Do Business With a Port Trucking Company Then, “Yes You Are!”

Fisher Phillips on

On September 22, Governor Brown signed SB 1402, a bill that establishes joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation...more

Fisher Phillips

Establishing And Maintaining Loyalty In The Gig Economy

Fisher Phillips on

As the proliferation of skilled contract workers continues, it is vital for companies to evaluate their strategies to attract and retain accomplished freelancers. Competition for skilled independent contractors is fiercer...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 5)

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Section 530 Relief - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees. This is a major audit area for the...more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 4)

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IRS Voluntary Worker Classification Settlement Program - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees....more

Burr & Forman

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 3)

Burr & Forman on

IRS Form SS-8 Determinations of Employee Status - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as “employees.” This...more

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