Independent Contractor Status Advisor
Is the worker an employee or contractor?
Avoid penalties by applying IRS rules and other laws to make this important distinction
[ Run Demo Application ]
| Users | Managers in corporations, owners of businesses |
| Function | Determines whether a particular worker should be classified as an "employee" or "contractor" based on IRS rules and other laws |
| The Stakes | If an employer misclassifies an employee as a contractor with no reasonable basis for doing so, the employer may be held liable for a penalty rate on employment taxes – along with substantial fines. |
| Rules |
Approximately 900 - Covering:
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| Factual Variations | More than 8 million covered |
| Questions Asked | 12-to-23 asked per session, based on fact pattern |
| Time to Answer | 2-4 minutes via an interview |
| Benefits to Managers |
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| Benefits to Lawyers |
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| Benefits to Regulators |
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| Commentary | With more companies using contractors, the IRS and State revenue departments are increasingly viewing the use of contract labor with suspicion. If an employer misclassifies an employee as a contractor, the employer may be liable for employment taxes for that worker as if the amount required to be withheld were equal to 1.5 percent of the employee wages. So, penalties for a person earning $30,000 per year would be calculated on $45,000 per year. And other fines would likely apply. To determine if a particular worker is an employee, the IRS and courts look closely at the degree of actual or potential control the business has over the worker. This system enables this complex analysis to be done professionally and quickly on a case-by-case basis. |
| Test Drive | First, click-through the system accepting the default answers and view the report. Then click Start Over to try a different set of facts. |