THE IRS DEFINITION


 


The Internal Revenue Service uses these criteria to determine whether an individual is an employee or an independent contractor. The worker is an employee if...


 


§  You or your representative tells the worker where, when, and how to work.


§  You train the worker.


§  The business performance depends on the worker.


§  The worker has a continuing relationship with the company.


§  The worker's services must be personally rendered by him/her.


§  You set the worker's work hours.


§  The worker works on the employer's premises.


§  You are paid by the hour, weeks, or month.


§  You furnish tools and materials.


§  You can fire the worker without violating a contract.


§  The worker has a right to quit without incurring a liability.


§  The worker does not offer the worker's services to the public at large.


§  The worker has no opportunity for profit or loss as a result of the worker's service.


§  The worker has no significant investment in the business.


§  You require the to submit oral or written reports.


§  The worker is a corporate officer.


 


SECTION 530 SAFE HARBOR RULES


 


Section 530 provides certain safe-harbor rules. If you could fall under these safe-harbor rules, the IRS could not re-define the worker as an employee. In general if, the


§  company treated in individuals consistently, as a contractor, and the


§  company was in full compliance by filing all required forms such as Form 1099, and if, contractor


§  company could rely on one of three basis for their practice of carrying the worker as a contractor


1.      Judicial precedent (A court case in the company's favor)


2.      Past IRS Audit (A past IRS audit determine the worker to be a contractor)


3.      Industry Practice (There is a long-standing recognized of treating such workers as contract)


§  then, the IRS could not change the status of the worker to employee.


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 TriState Mixer - New Jersey Real Estate | New York Real Estate | Pennsylvania Real Estate

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