PaziaKincade654: Created page with "What's better then finding the right temporary worker for your new project? There you are with a great fit, excellent skills, someone who comes in on time and takes direction wel..."

2012-02-11T21:24:16Z

Created page with "What's better then finding the right temporary worker for your new project? There you are with a great fit, excellent skills, someone who comes in on time and takes direction wel..."

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What's better then finding the right temporary worker for your new project? There you are with a great fit, excellent skills, someone who comes in on time and takes direction well. All you do is cut them a check - no social security payments, no health insurance, no taxes, minimal fees. Everything works so perfectly you wind up keeping that temporary staffer for years.

What's wrong with this picture? A lot, according to the IRS. There was a time when you could just have someone come in and do some work for you, but no longer. The U.S. government is looking for hidden money. One of the ways they have done this in the past was asking people who worked for tips to claim that money in order to be taxed. Now they are looking for funds in places like temporary employment.

So the argument has become, are the people that work for you contractors by pure definition? Or are they virtual employees? If the definition fits that of the virtual employee, the IRS could be asking you for back taxes and you could owe the worker some back benefits.

The areas for debate are pretty gray. But the contrast has been turned up a bit lately. In the above case, there were three things that could come into question. First, your worker comes in on time. You cannot ask a contractor or freelance worker when to come in to work. They must be their own company, and therefore, make their own hours.

Second, your worker takes direction well. This one is a little tricky in that if you are the "boss" of someone and giving direction, they are your employee. It's the same thing with the third red flag, about them working for you for years. If there is that much of a commitment, they could be seen as your employee.

What can be done? You need to create the best buffer you can to make it clear that this person is not an employee. It is helpful to maintain personalized invoices from the worker, definitions on file of their responsibilities and contracts of engagement with start and end dates. If they can prove themselves as a company or if you can payroll them through a staffing company, you will at least be subject to less scrutiny. Nothing is guaranteed and government is looking very closely.
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PaziaKincade654: Created page with "What's better then finding the right temporary worker for your new project? There you are with a great fit, excellent skills, someone who comes in on time and takes direction wel..."