In recent years, there has been an increase in the number of businesses classifying workers as independent contractors rather than employees. While there are several differences between these two types of workers, the biggest (and most important to you as an employer) is the requirement to deduct the various payroll taxes from each employee’s paycheck, while independent contractors are responsible for filing and handling all their taxes on their own.
Contractor or employee?
While businesses typically handle worker classification internally, the IRS can sometimes step in to make the final determination as to whether the person you just hired is really an independent contractor, or whether they should be on the payroll. Here’s a quick cheat sheet for telling the difference so you can classify your staffers correctly:
Generally, a worker should be classified as an employee if:
- You control how they perform their work
- You provide the necessary equipment (computer, supplies, phone, office space) needed to complete the work
- You provide benefits such as insurance or paid time off
- You pay or reimburse them for expenses associated with their job, like purchasing business supplies
- You pay them in regular pay periods
On the other hand, a worker is likely to be considered an independent contractor if:
- They provide services to many different clients who pay them for those services
- They retain complete control over how and when the work is performed
- They use their own equipment and facilities to perform most of their required work
- You pay them after they submit invoices
How to tell the difference
Sometimes it’s not easy to tell the difference. Let’s take a look at an example:
Jane is hired to provide social media support to a business, but she is required to use a company computer, report to work at a 8am, and complete the work in a specific manner. In this case, Jane should be classified as an employee.
Jane is hired to provide social media support to a business, but instead she does her work with her own equipment, on her own schedule and works with other businesses to offer the same services, Jane should then be classified as an independent contractor.
The correct classification is essential, particularly since businesses are required to withhold and pay federal and state taxes, Social Security and Medicare, and unemployment taxes for each employee, while no taxes are withheld or paid for independent contractors. This is why the IRS looks very carefully at how a worker is classified.
If you’re still uncertain, Form SS-8 can be filled out and submitted to the IRS. This form asks the IRS to make a determination on how your worker should be classified. It can also be used by workers who believe they should be classified differently.
What happens if you misclassify a worker?
The IRS doesn’t play around when it comes to classification, so there could be a penalty involved if they determine that workers have been misclassified — accidentally or not. This penalty can include holding the business liable for any and all employment taxes for the worker(s) in question.
However, the IRS currently offers a voluntary classification settlement program for business owners who agree to 1) reclassify their workers for future tax periods, and 2) agree to pay 25 percent of the employment tax liability for the most recent tax year.
The employee vs. contractor question also has an impact on some of the paperwork you’ll need to take care of. Independent contractors must complete Form W-9 which should be kept on file for four years. If a worker is classified instead as an employee, they need to fill out Form W-4 to determine the level of federal tax that should be withheld from their paycheck. W-4s should also be kept on file for four years after the date the employment tax becomes due or is paid (whichever is later). Remember, you’ll also need to collect withholding forms if you collect state and local taxes.
At the end of the year, there’s also a difference in the tax documentation you send to employees and independent contractors. Contractors should receive a copy of Form 1099-MISC, while employees will receive Form W-2.
If you would like additional information on classifying workers, please visit the IRS website, which provides an entire section on independent contractors and employees.
If you still have a situation where you cannot decide if the worker should be classified as an employee or a contractor, contact us today!