Brand
Ste. Genevieve : 573-883-3056
St. Louis : 314-260-6120
NASHVILLE : 615-733-8168
Toll Free : 888-367-6512

PLEASE NOTE: our office remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone. Please call our office to discuss your options.

Are You Inviting IRS Troubles by Misclassifying Employees as Independent Contractors?

| Sep 17, 2014 | Uncategorized

Don’t do it. This happens to be one of the most common mistakes many business owners make today. In an attempt to get away with not paying payroll taxes they intentionally misclassify certain people who do work for their businesses as independent contractors. Be very careful before deciding who is and who is not an independent contractor. It could cost you tens of thousands of dollars or more in heavy penalties, fines and back taxes owed to the IRS. The IRS does not like to lose money. So when they see independent contractors, it is like an open invitation to initiate an audit.

20-Factor Analysis and Safe-Haven Rule

Before determining whether your workers will be classified as employees or independent contractors, make it your business to get a copy of the IRS 20-factor analysis to help in making your decision. Also, look into the safe-haven rule. This rule establishes that an employee who has consistently not been treated as an employee during any period of time after 1977, will not be reclassified as an employee if, you, the employer has filled all required federal tax returns, including information returns (Forms 1099-MISC), and if you had a reasonable basis for not treating the individual as an employee.

As tempting as it may be to avoid paying payroll taxes, the consequences of getting audited by the IRS and found guilty simply isn’t worth it. If you find yourself being audited by the IRS for misclassification of employees and independent contractors, the IRS must provide you with a copy of the 20-Factor Analysis as well as the Safe-Haven Rule. Do not try to resolve the issues on your own. Take action immediately. Seek the services of the best tax resolution attorney in your area.

Categories

FindLaw Network
badge
badge