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Posts Tagged ‘independent contractors’


A Nation of Independents

October 23rd, 2012 ::

By Karen Axelton

The face of the American workforce is changing, and whether they’re solopreneurs, independent contractors, consultants, freelancers or temporary workers, the number of independent workers is growing, reports MBO Partners’ second annual State of Independence in America study.

Since 2011, MBO Partners found, the independent workforce has grown from 16 million to more than 16.9 million. Within the next five years, it’s expected to grow to 23 million.

What’s behind the growth of independent work? Although some of the independents surveyed were “nudged” into independence by the recession and difficulty finding a job, nearly three-fourths (71 percent) say they’re highly satisfied with the independent lifestyle, up from 60 percent last year.

Independents are also feeling more confident about being independent than they were last year. Overall, they expressed less worry about marketing their businesses and maintaining their independent status in the future. In fact, 39 percent said they feel more secure being independent than they did as employees, up 6 percent from 2011.

The study also looked at generational differences in independents and here’s what they found:

Gen Y (ages 21 to 32) faces difficult challenges entering the workforce and is most likely to be “torn” over being independent. While most of them are satisfied with being independent, they’re less likely than other generations to have willingly chosen it. About 40 percent of Gen Y chose independence, compared to 68 percent of Gen X and 58 percent of Boomers. While one-third of Gen Y say they love independent work and don’t plan on going back to a traditional job, one-third want traditional employment and one-third are undecided.

Gen X (age 33 to 49) professionals make up the bulk of independent workers, and overall, love being independent. Three-quarters are highly satisfied and 76 percent plan to continue as independents (64 percent) or build a bigger business (12 percent). Only 6 percent plan on seeking traditional employment. About two-thirds cited “do work that I love” as a reason for becoming independent.

Boomers (aged 50 to 66) Three-fourths of boomers, the most of any generation, chose independent work in order to control their schedules; 70 percent said greater flexibility was a reason for being independent. However, 54 percent said “office politics” was a reason for going independent and one-fourth had faced job loss before they went independent. A whopping 82 percent of Boomers plan on staying independent (71 percent) or building a bigger business (11 percent); just 8 percent plan on seeking traditional employment.

Image by Flickr user mrsdkrebs (Creative Commons)

IRS Gives Businesses a Break on Independent Contractor Misclassification

October 4th, 2011 ::

By Maria Valdez Haubrich

If your company has been classifying workers as independent contractors when they should really be classified as employees, good news: The Internal Revenue Service is offering a program that will allow you to reclassify workers and pay just a small amount to cover past payroll taxes—instead of the hefty fines that misclassification normally carries.

The program, dubbed the Voluntary Worker Classification Settlement Program, is part of a larger IRS initiative called “Fresh Start” that aims to help taxpayers and businesses address their tax responsibilities. Businesses that participate will owe about 1 percent of wages paid to reclassified workers in the past year; there is no interest or penalty.

The IRS cares about misclassification because it costs the agency a lot in taxes. A Wall Street Journal article reports that Labor Secretary Hilda Solis said employers can cut labor costs by 20% to 30% when they classify employees as independent contractors. According to the same article, a 2009 Government Accountability Office report found that misclassification in 2006 cost $2.72 billion in unpaid federal taxes. It also results in unpaid taxes for state workers’ compensation and unemployment insurance programs—which is a big blow to cash-strapped state governments. The White House Obama administration has said that misclassification may affect as many as 30% of all companies in the U.S.

The Voluntary Worker Classification Settlement Program is open to all companies, but the IRS is expecting most participants to be small businesses, because many small business owners are confused by the complex the requirements for classifying workers.

To be eligible, your business must:

  • Consistently have treated the workers in the past as nonemployees,
  • Have filed all required Forms 1099 for the workers for the previous three years
  • Not currently be under audit by the IRS, the Department of Labor or a state agency concerning the classification of these workers

To apply for the program, file Form 8952, Application for Voluntary Classification Settlement Program, at least 60 days before you want to begin treating the workers as employees.

While this program is good news, the bad news is that the IRS will become even more strict about misclassification of workers going forward. To help businesses meet the requirements, Solis has announced that the IRS and the Labor Department will work together to share information and “strategically educate” employers about compliance.

Learn more about the program at the IRS website.

Image used under creative commons license from TaxBrackets.org

 

Could Your Independent Contractors Get You in Trouble?

March 3rd, 2011 ::

 

 

By Maria Valdez Haubrich

Since the recession began, small business owners have been turning more and more to independent contractors. There are many reasons why this is a good move: It saves money (you’re not paying a salary and benefits, but can pay per-project instead). It enables you to expand your workforce when you’re busy, without keeping people on the payroll during lean times. It eliminates the hassle of withholding income taxes, withholding Social Security and Medicare taxes, and paying unemployment tax on their salaries as you would with an employee. And it allows you to take advantage of the specialized skills of workers you might not be able to afford to hire full-time.

For all these reasons, even as the economy improves, independent contractors are likely to continue their reign as the preferred choice of small business owners. But there is one trap you need to be aware of when using this type of worker: If you’re misclassifying someone as an independent contractor and later, the IRS rules that the person should have been classified as an employee, you may end up being liable for employment taxes for the worker’s wages.

This is an easy mistake to make—even huge corporations have been caught in the web of confusion that surrounds this issue. Overall, however, whether a person is classified as an employee or an independent contractor is based on how much independence they have. Here are the three tests used by the IRS to assess independence:

  1. Behavioral. Does your business dictate what the person does on a daily basis? Do you control the way the worker completes the job, such as requiring certain hours worked or the use of certain tools? Does the person have to come to your office or does he or she work from elsewhere?
  2. Financial. Do you reimburse the person for expenses or does he or she pay them? Who provides the equipment used to do the job? Is the worker paid a salary or by piece or job? Can the person provide the same service to other similar companies without any restrictions from you?
  3. Relationship. What type of contract do you have with this worker? Does the person get any benefits such as health insurance? Is the working relationship ongoing or does it end when a certain project is completed?

While some situations will be very clear-cut after you go through this list, there may be other cases where you still aren’t sure how a person should be classified. Visit the IRS website for resources and tools to help—you’ll find tests and even an online workshop on the topic. If that’s not enough, ask your accountant for help because making a mistake in this area can be costly.

Some cases are so complex that even an accountant can’t figure it out. If this applies to you, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding with the IRS. After receiving the document, the IRS will make an official decision as to the worker’s status. This can take several months, so in the meantime, check with your accountant to make sure you’re keeping proper records whatever the final decision turns out to be.

Image Courtesy: Karen Axelton