Independent Contractor Compliance Blog

Myth—If There is a Written Agreement, Signed by Both Parties, Stating the Consultant is an IC, Then the Client Company is Clear of any Tax or Civil Liabilities

One of the most common misconceptions about worker classification that I encounter with clients is the belief that a written contract defining the relationship with a consultant as that of an independent contractor, responsible for his own taxes, will protect the company from misclassification challenges by either tax agencies, labor law disputes, or in civil [...]

The Importance of Educating Your Managers and Stakeholders on Independent Contractor Compliance

If your managers do not use and support your Independent Contractor (IC) qualification system, no matter how good it is, it won’t be effective, and your company will be at risk for misclassified workers. Many project managers think it’s too much trouble to qualify a consultant-that it’ll slow the progress of the project and cost [...]

Document Everything About the Project and the Consultant

Do you want to ensure protection against a misclassification challenge? In the eyes of an auditor, even if you made the proper call on the classification, if it isn’t properly documented it is open to interpretation. One of the ways Collabrus protects you and your high-end consultants is our proven system of documentation for your [...]

The IRS Publishes its 2009-2010 Statistics

WASHINGTON-The US Internal Revenue Service recently released statistics describing IRS activities from Oct. 1, 2009, to Sept. 30, 2010. The release includes information about returns filed, tax collections, enforcement and taxpayer assistance, as well as the IRS budget and workforce. Some IRS statistics for FY 2009-10: Collected $2.3 trillion in revenue Processed 230 million returns [...]

Consultants Pushing Back on an Employee Status Determination

Whenever a consultant who doesn’t qualify for independent contractor status, is pushing back, arguing to be treated as an IC “or else,” I wonder if they have truly thought this through? First, let me begin by stating that this does not apply to the consultants who have clearly established their own business, serve multiple clients [...]

Some U.S. Senators Are Now Calling Worker Misclassifications “Payroll Fraud.”

Each year, for the past several years, both houses of Congress have introduced bills to really toughen up on worker misclassification. Each year the bills have quietly died in committee because of higher priority issues, such as: elections, stimulus, health care reform, wars, deficits, etc. Here comes a new legislative season and another run on [...]

The Senate Passes a Bill to Repeal the Corporation 1099 Reporting Requirement That Had Been Buried in the Health Care Law

President Obama is expected to sign a bill repealing the law requiring all businesses to file 1099 forms with the IRS for payments to any business totaling $600 or more for goods or services, including payments to corporations. The provision had been part of healthcare reform law, known as the Patient Protection and Affordable Care [...]

Are They Really an Independent Contractor?

Have you properly classified your consultants and can you prove you did it right? Are you taking the proper precautions to insure your independent contractors are really IC’s? Do you have an expert on staff, or will someone from your HR or Finance team be assigned with the unpleasant task of fighting the professionals who [...]

President Obama Proposes to Increase Spending for IC Compliance and Misclassification Enforcement in 2012

WASHINGTON DC-President Obama’s proposed budget for fiscal year 2012 includes a record $240 million for initiatives specifically related to enforcing IC Compliance and misclassification of workers. This proposed funding is consistent with his often stated goals of closing tax gap loopholes and tightening enforcement on the misclassification of independent contractors. Politicians, at all levels of [...]

Direction and Control: One of the Most Common Mistakes Companies Make When Engaging Independent Contractors

One of the most common mistakes I see clients make is to turn a consultant, who qualifies and truly wants to be independent contractor, into an employee by controlling every part of the project. The consultant often starts out looking like an independent contractor. The client wants to engage an individual who has a unique [...]

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