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Independent Contractor or Common Law Employee? The I.R.S. Guidelines

Topic:
Independent Contractor or Common Law Employee? The I.R.S. Guidelines
Date:
January 23, 2013 at 2:00 - 3:00 PM ET
Presenters:
Gary Garner, President(Illuminare Group, Inc.)
webcastImgVirtual
Description
Everyday employers face the decision to treat a relationship with a worker as an independent contractor or employee. This decision is motivated by many factors including tax and benefit costs associated with adding an employee versus treating the worker as a contractor. In some cases the employer wishes to classify a worker as an independent contractor due to the number of hours or days the person will work. These are not the factors used to determine if a worker is a contractor or employee.

The three primary considerations regarding contractors vs. common law employees are behavioral control, financial control and type of relationship of the parties. In this session we explore how those apply and how the I.R.S. applies these principals.

The I.R.S. has targeted this issue as one of its top priorities and has committed personnel and resources to collect the over 150 Billion in uncollected revenue it believes are lost every year due to the misclassification of employees as contractors. This does not include the additional 75+ Billion in uncollected self- employment taxes that are not paid. Employers who are being audited for contractor compliance are experiencing adjustments in the millions if they are found out of compliance. In addition to the I.R.S. fines and penalties the employer may have liability involving employee benefits.

The decision a business has to make regarding an employee or contractor is not an arbitrary choice. The I.R.C. has specific guidance regarding the standards that have to be met to classify someone as an independent contractor.
Who Should Participate
Any US based company or international groups with workers in the US that pay individuals and report those payments on a 1099 Misc.
What You Will Learn
In this webinar we will discuss:
  • The eight factors the I.R.S. uses to determine if the worker is a contractor.
  • The six things the I.R.S. recommends to protect against reclassification of contractors.
  • The importance of the W-9
  • The use of Section 530 Relief to avoid audit adjustments.
  • The four industries that have the highest risk.
Recommended Resources
www.irs.gov Click here
Communities
Benefits
Compensation
Staffing and Recruitment
Core HR: Payroll for HR and HRIS
Payroll
Contract Workforce and Talent Exchange
Benefits - Cost Containment, Audits and Legal Risks
HR Industries
Construction
Hospitality
Manufacturing
Media & Entertainment
HR in Retail
Services
Transportation and Public Utilities
Travel, Recreation and Leisure
Presented by
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speaker spacer
Gary Garner
Illuminare Group, Inc.

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Event Sponsors
Illuminare Group, Inc.
Consulting services for all types of businesses related to payroll tax and employee benefits.
File List
Feedback
Name Comment Rating
Image of Jeff Nugent Jeff Nugent
Contingent Workforce Solutions
5 / 5
Excellent Presentation
Image of Loretta Wallace Loretta Wallace
Procom Consultants Group Ltd
5 / 5
Excellent Presentation
Image of Sally Larrabee Sally Larrabee
Process Control Outlet Inc
5 / 5
Excellent Presentation
3 / 5
Good Presentation
Image of Nuria Navarro Nuria Navarro
Total Technical Services
5 / 5
Excellent Presentation
5 / 5
Excellent Presentation
Image of Margo Halverson Margo Halverson
PayTech, Inc.
5 / 5
Excellent Presentation
3 / 5
Good Presentation
Image of Mark Avallone Mark Avallone
HR Management Association of Chicago
4 / 5
Very Good Presentation
5 / 5
Excellent Presentation
Image of Valentino Murphy Valentino Murphy
Baker Hughes Incorporated
3 / 5
Good Presentation
Image of Katrina Smith Katrina Smith
Pittsburgh Steelers
5 / 5
Excellent Presentation
Image of Erica Waterman Erica Waterman
First Presbyterian Church
5 / 5
Excellent Presentation
Image of Spellmyra Cobert Spellmyra Cobert
Curtis 1000 - HQ
5 / 5
Excellent Presentation
Image of Lynn Phillips Lynn Phillips
BENCHMARK ELECTRONICS INC
4 / 5
Very Good Presentation
Image of Sharon Krawczun Sharon Krawczun
Chester County Intermediate Unit
3 / 5
Good Presentation
Image of Tamera Timmerman Tamera Timmerman
URS Corporation
5 / 5
Excellent Presentation
Image of Katrinka Duckworth Katrinka Duckworth
EYP Architecture & Engineering
5 / 5
Excellent Presentation
Image of Jim Drabik, CPP Jim Drabik, CPP
ArcelorMittal Tubular Products USA Corp
4 / 5
Very Good Presentation
5 / 5
Excellent Presentation
Image of Michelle Trajanovska Michelle Trajanovska
North Carolina State University
5 / 5
Excellent Presentation
Image of Kathy Walker Kathy Walker
Sanmina-SCI Corporation
3 / 5
Good Presentation
Image of Pj Hall Pj Hall
UDG, Inc
5 / 5
Excellent Presentation
Image of Toni McCabe Toni McCabe
Serle & Associates
5 / 5
Excellent Presentation
Image of Joy Esposito Joy Esposito
Columbia Southern University
5 / 5
Excellent Presentation
Image of Nichole Rios Nichole Rios
Wells Fargo & Company
3 / 5
Good Presentation
Image of Robert Dawson Robert Dawson
Wells Fargo & Company
3 / 5
Good Presentation
Image of Andrea Robinson Andrea Robinson
Self Employed
4 / 5
Very Good Presentation
Image of Kathleen Flores Kathleen Flores
Ameripath Inc
5 / 5
Excellent Presentation
Image of Anna Malimon Anna Malimon
RV Direct, Inc.
4 / 5
Very Good Presentation
5 / 5
Excellent Presentation
Image of Lisa Cybulski Lisa Cybulski
Credit Technologies, Inc.
5 / 5
Excellent Presentation
Image of Michelle Roth Michelle Roth
Unemployed
5 / 5
Excellent Presentation
Image of Deborah Townsend Deborah Townsend
J&J Fire Protection Co. Inc.
5 / 5
Excellent Presentation
Image of April Echavarria-Bates April Echavarria-Bat es
Health Diagnostics of California
4 / 5
Very Good Presentation
4 / 5
Very Good Presentation
Image of Laurie Fagundes Laurie Fagundes
L Marie Consulting
again would love it if HR.com would get payroll related webinars preapproved for RCH credit 5 / 5
Excellent Presentation
Image of Dawn Dixon, PHR Dawn Dixon, PHR
Noved Enterprises Inc
Gary did a great job ... hope to see more topics presentations from him ... 5 / 5
Excellent Presentation
Image of Brenda LaMarche Brenda LaMarche
BRL HR Consulting LLC
Great presentation very well organized and the presenter was absolutely knowledgeable on the subject. 5 / 5
Excellent Presentation
Image of Jason Walker Jason Walker
Hewlett-Packard, Plano, TX
"I would have liked more information on ""contract"" work where an employee works for a contract agency and works specifically for another company. At what point does the employee become of an employee they are completing work for instead of the contract agency." 3 / 5
Good Presentation
Image of Sue Reichert Sue Reichert
University of St Augustine
4 / 5
Very Good Presentation
Image of Kathy Maurer Kathy Maurer
Iasis Molecular Sciences
thank you 5 / 5
Excellent Presentation
Image of Laurie Hayden, PHR Laurie Hayden, PHR
The Dutch Group
thank you for a well put together presentation with great detail and will be very useful. Awesome job!! 5 / 5
Excellent Presentation
Image of Diane Cioci Diane Cioci
Cat Fanciers Association
This was a very clear understandable presentation. 5 / 5
Excellent Presentation
Image of Patricia Konrad Patricia Konrad
On Call Clinicians, Inc.
This webinar was very informative; the information on contracts for 1099 contractors will be put to use. 5 / 5
Excellent Presentation
Image of Vicky Miigerl Vicky Miigerl
Region 3 Behavioral Health Services
Very good presentation. 5 / 5
Excellent Presentation
Image of Nadeenah Sherrod Nadeenah Sherrod
Wells Fargo & Company
Very informative thank you. 4 / 5
Very Good Presentation
Image of Miriam Berger Miriam Berger
A Hire Authority

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