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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:
February 5, 2013 at 3:00 - 4:00 PM ET
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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.
Extra Learning Material

All Registered HR.com members are also eligible for:

  1. A copy of the slides presented in this presentation. These are available before and after the presentation.
  2. A Real Media file of the presentation. This file can be downloaded to your iPod or MP3 player after the presentation.
  3. Access to more than 400 podcasts with HR Gurus and Industry Leaders (downloadable files available 24 hours after the live broadcast) as well as access to our blogs, polls, surveys, 25,000+ article library, Business Book Reviews and so much more!
Recommended Resources
www.irs.gov
Categories
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
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.
Sponsored by
Illuminare Group, Inc.
Illuminare Group, Inc.
Consulting services for all types of businesses related to payroll tax and employee benefits.
Presented by
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speaker spacer
Gary Garner
Illuminare Group, Inc.

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Who is Eligible

This webcast is available to all registered HR.com members for free. You are currently subscribed to HR.com as a Free Member.

Click the button to access this webcast. Archives, MP3 and PowerPoint slides

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Participants in the live webcast will need access to a computer connected to the Internet. HR.com highly recommends you test your computer in advance of the webcasts.

Once you register for the webcasts, full login instructions will be sent to you 24 and 2 hours prior to going live. You must run the system test to ensure you can access the session.

Documents

Feedback
Name Comment Rating
Image of Spellmyra Cobert Spellmyra Cobert
Curtis 1000 - HQ
4 / 5
Very Good Presentation
Image of Angela Cauley Angela Cauley
Rochester Electronics
4 / 5
Very Good Presentation
3 / 5
Good Presentation
Image of Kathy Doan Kathy Doan
Wells Fargo & Company
5 / 5
Excellent Presentation
Image of Debbie Gonzalez Debbie Gonzalez
Chattanooga Tent Company
3 / 5
Good Presentation
Image of Cynthia Gao Cynthia Gao
Hermes Microvision Inc
5 / 5
Excellent Presentation
Image of Cindy Schaefer Cindy Schaefer
We Energies
4 / 5
Very Good Presentation
Image of Sheri Fitzjarrald, SPHR Sheri Fitzjarrald, SPHR
Cengage Learning
5 / 5
Excellent Presentation
5 / 5
Excellent Presentation
Image of Elizabeth Hasson, SPHR Elizabeth Hasson, SPHR
501c3 Compensation Consultants
4 / 5
Very Good Presentation
Image of Nancy Kaufman Nancy Kaufman
IBM Corporation
4 / 5
Very Good Presentation
Image of Richard Fischer Richard Fischer
Self Employed
4 / 5
Very Good Presentation
Image of Sonja Davis Sonja Davis
Moran Towing Corporation
5 / 5
Excellent Presentation
3 / 5
Good Presentation
Image of Jeni Stamburski Jeni Stamburski
Pinstripe, Inc
5 / 5
Excellent Presentation
Image of Kelly Minor Kelly Minor
Regions Bank
4 / 5
Very Good Presentation
Image of Carolyn Brand Carolyn Brand
Structural Integrity
3 / 5
Good Presentation
Image of Jerlaunda Wilson Jerlaunda Wilson
Sentara Healthcare
5 / 5
Excellent Presentation
5 / 5
Excellent Presentation
5 / 5
Excellent Presentation
Image of Susan Norris Susan Norris
Providence Health & Services - Oregon
4 / 5
Very Good Presentation
Image of Bryan Peek Bryan Peek
Zale Corporation
3 / 5
Good Presentation
Image of Sarah Minarick Sarah Minarick
Children's Hospital & Medical Center
4 / 5
Very Good Presentation
Image of Jenny Weber Jenny Weber
Software Professionals, Inc
5 / 5
Excellent Presentation
Image of Unrhea Session Unrhea Session
Asset Management Outsourcing, Inc.
4 / 5
Very Good Presentation
Image of Mary Fraker Mary Fraker
Douglas Elliman of LI
4 / 5
Very Good Presentation
4 / 5
Very Good Presentation
3 / 5
Good Presentation
3 / 5
Good Presentation
Image of A K A K
Student
5 / 5
Excellent Presentation
Image of Jane Dempsey Jane Dempsey
Clariant Corp
5 / 5
Excellent Presentation
Image of Stephen Miller Stephen Miller
Apogee Business Group
5 / 5
Excellent Presentation
Image of Jamie Jamie "JC" Conley
Tire Discounters
4 / 5
Very Good Presentation
Image of Alison Yeh Alison Yeh
Rockwell Automation
5 / 5
Excellent Presentation
5 / 5
Excellent Presentation
Awesome presentation very well done. 5 / 5
Excellent Presentation
Image of Pauline Goff Pauline Goff
Huntington Ingalls Industries
Enjoyed the presentation. Gary did an outstanding job great speaker easy to hear and understand. Thank you! 5 / 5
Excellent Presentation
Image of Terry Post Terry Post
Texas Comptroller of Public Accounts
Excellent presentation! 5 / 5
Excellent Presentation
Image of Mariana Sosa Mariana Sosa
Benevolent Vision
Thank you! I always learn something new. 4 / 5
Very Good Presentation
Image of Laurie Hayden, PHR Laurie Hayden, PHR
The Dutch Group
thanks again for a super webinar. 5 / 5
Excellent Presentation
Image of Luisa Fernandez Luisa Fernandez
City National Bank of Florida
That was an excellent presentation! 5 / 5
Excellent Presentation
Image of Miriam Berger Miriam Berger
A Hire Authority

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