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
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