What Impact Will the Economic Recovery Have on Your Contingent Workforce?
Do you believe the economy is starting to recover? Are you gearing up for future growth and considering independent contractors and contingent workers because they give you flexibility?
But are you really ready?
Just as you are thinking of increasing the use of IC’s and contingent workers the government is gearing up its workforce of auditors and investigators to penalize you for misclassifications.
Want proof?
FACT: In February of this year the Government Accounting Office (GAO) in Washington, DC issued a report to Congress criticizing the IRS for not being aggressive enough in collecting over $55 billion dollars of the Tax Gap a year in uncollected employment taxes.
FACT: In May the Commissioner of the IRS told Congress he was using part of the Economic Recovery Stimulus money the IRS was receiving to hire and train 4500 new IRS Agents to close the Tax Gap, stating many of them will be used to collect employment taxes due.
(If you ask, “Where are they? I haven’t seen them…” Remember the government moves slowly-very slowly, but once it gets started it has momentum and “grins exceedingly small those caught under its wheels” It takes the government time to announce the job openings, select the successful candidates, train them and send them out).
FACT: Last week the IRS announced it was conducting a pilot study to audit 5000 US businesses for employment taxes and misclassification of workers. The program begins the end of this year. Depending on the outcome of that sample they may again expand the misclassification program nationwide, but either way those 5000 businesses will be audited within the next year or so…
FACT: Since at least the year 2003, the IRS’ Taxpayer Rights Advocate has been reporting to Congress, every year, Section 530 (the so much appreciated Safe Harbor law protecting employers) should be repealed or significantly amended to give the IRS more authority to enforce worker misclassification issues. This year Congress is listening because they are looking for ways to collect more revenue.
FACT: The State of California does not have a Safe Harbor law to protect you from an EDD audit.
FACT: In the past two years both state and federal law makers have been introducing bills to increase fines for misclassification and to make it easier for the auditors to identify misclassified workers. One of the toughest federal bills was actually sponsored by our current President when he was a Senator. Once the other issues are resolved (health care and budgets) it’s a safe bet both state and federal lawmakers will pick up those bills, dust them off, and pass them into laws.
If you are preparing for the economic recovery and thinking of engaging contingent workers and IC’s you need to be sure you are protected.
To be safe you need to establish a process for control and accountability in your consultant engagement process now, before you hire new staff and before the government knocks on your door.