Independent Contractor Requirements & How To Save On Taxes

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In today's presentation we continue our series on how to hire and manage employees with a look at the requirements when hiring an independent contractor and how you can save on taxes when doing so.

Business Economy & Finance

independent contractor requirements &
saving money on taxes
by FitSmallBusiness.com

Why would you want to hire
independent contractors?

•No FICA Taxes
•No Unemployment Insurance Tax
•Potentially Lower Worker’s
Compensation Cost
•Bottom Line: Hiring people as
independent contractors can save
your business money!

Why wouldn’t you want to hire
independent contractors?

• In some cases you legally cannot.
The IRS provides guidelines for
classifying workers. If you
misclassify employees as
independent contractors, you can
face fines up to $15,000 per
instance or criminal persecution.

•You have to give up certain rights
to control or direct the person’s
work. For example, you cannot tell
an independent contractor when to
start and stop working.

• It can be the morally wrong thing
to do. If a person works exclusively
for you and cannot pursue other
opportunities, you are cheating
them out of money by classifying
them as an independent contractor.

What are the paperwork requirements
for independent contractors?

• For independent contractors that
are US residents or citizens, you will
need to fill out a W-9 Form.
If you pay them more than $600 per
year, you are required to issue
independent contractors a 1099-
MISC .
Here are the Instructions for W-9 and 1099-MISC

• For contractors outside of the
United States, you should establish
the contractor’s foreign residence.
This can be accomplished by having
the contractor fill-out a W-8BEN
form.
Here are the instructions and a good article.

There are three general guidelines for figuring out
how one should classify a worker:

1) Control - How much control does the person have over how
they do their job? If the person has a great deal of discretion
over how to do their work this is considered an independent
contractor.

2) Financial Arrangement - Is the “profitability” of the job
determined by the worker? If there is no financial variability
in the “profitability” of the job, then he or she is considered
an employee.

3) Business Relationship - Does the worker have a contract
with the company, or receive benefits? An independent
contractor will tend to have a contract, while employees will
tend to receive benefits.

If you hire and pay the contractor through a Freelancer site
like Freelancer.com, Enlace.com or Odesk you can almost
classify the person as an independent contractor.

To learn how to be a more successful
entrepreneur visit us at....

www.FitsmallBusiness.com
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Reply 1 Odella: The difference between an employee and an independent contractor, is how the employer pays them and how their taxes are paid. An employee is paid by the hour, salary, commission or combination of both. An employee also could get overtime. An employee receive a W-2 form, which shows their yearly income. The reason that they receive a W-2, because their employer withhold federal and state income taxes and FICA taxes, which is social security and medicare. An independent contractor is provided a 1099, the employer that they do work for does not withheld their federal, state and FICA taxes from the amount the company pay's them. An independent contractor is liable for their own income taxes, which is called self-employment. However, an independent contractor works without the legal amenities that will protect them, but an employee does. For example, wage and hour laws, workers compensation and unemployment benefits. There have been several cases, that have led to companies being penalized, by the mis-classification of their employees. When an employer mis-classify an employee, they would label he/she as an independent contractor; because this will disable the company in paying taxes on employees. Such as unemployment taxes, unemployment insurance and workers compensation. When companies mis-classify their employees, will cause an effect on the state and federal government. That is short changing them on their tax revenue by millions of dollars. With mis-classifying employees, this will be a legal and ethical issue. For instance, the reason why companies will mis-classify an employee and an independent contractor is, to save on labor costs. Labor costs is a major portion of the company. overhead. Mis-classifying workers has a big negative result at the end, for the company. For example, when a company intentionally classify employees as independent contractors; it becomes unethical. This is a fraudulent act toward the state and federal governments. As a result, the state and federal have taken action to penalize companies, who have been mis-classifying their employees. The IRS have implemented some test in reference to decipher an employee from an independent contractor. The test consist of behavioral control, financial control and type of responsibility. Fines are generated from the U.S. Department of Labor (DOL), IRS and other state agencies. Some of the fines that companies are responsible for is, back pay on taxes, interest on employees' wages and FICA taxes that were not withheld. Failure to make payments to the government, can produce additional fines. Reference Post, J. (2018, September 20). Worker Classification: What You Need to Know about Employee vs. Contractor. Retrieved from https://www.businessnewsdaily.com/770-contract-vs-employees-what-you-need-to-know.html. Reply 2 Zach: To safeguard against misclassification of workers, the IRS has compiled a list of 20 factors to help individuals and employers understand th ...

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1. independent contractor requirements & saving money on taxes by FitSmallBusiness.com

2. Why would you want to hire independent contractors?

3. •No FICA Taxes •No Unemployment Insurance Tax •Potentially Lower Worker’s Compensation Cost •Bottom Line: Hiring people as independent contractors can save your business money!

4. Why wouldn’t you want to hire independent contractors?

5. • In some cases you legally cannot. The IRS provides guidelines for classifying workers. If you misclassify employees as independent contractors, you can face fines up to $15,000 per instance or criminal persecution.

6. •You have to give up certain rights to control or direct the person’s work. For example, you cannot tell an independent contractor when to start and stop working.

7. • It can be the morally wrong thing to do. If a person works exclusively for you and cannot pursue other opportunities, you are cheating them out of money by classifying them as an independent contractor.

8. What are the paperwork requirements for independent contractors?

9. • For independent contractors that are US residents or citizens, you will need to fill out a W-9 Form. If you pay them more than $600 per year, you are required to issue independent contractors a 1099- MISC . Here are the Instructions for W-9 and 1099-MISC

10. • For contractors outside of the United States, you should establish the contractor’s foreign residence. This can be accomplished by having the contractor fill-out a W-8BEN form. Here are the instructions and a good article.

11. Independent Contractor or Employee?

12. There are three general guidelines for figuring out how one should classify a worker:

13. 1) Control - How much control does the person have over how they do their job? If the person has a great deal of discretion over how to do their work this is considered an independent contractor.

14. 2) Financial Arrangement - Is the “profitability” of the job determined by the worker? If there is no financial variability in the “profitability” of the job, then he or she is considered an employee.

15. 3) Business Relationship - Does the worker have a contract with the company, or receive benefits? An independent contractor will tend to have a contract, while employees will tend to receive benefits.

16. If you hire and pay the contractor through a Freelancer site like Freelancer.com, Enlace.com or Odesk you can almost classify the person as an independent contractor.

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