To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. If you have a reasonable basis for not treating a worker as an employee, then you may be relieved from having to pay employment taxes for that worker. See Internal Revenue Code section 3509 for more information. If you classify an employee as an independent contractor and you have no reasonable basis for doing so, then you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). Misclassification of Employees Consequences of Treating an Employee as an Independent Contractor
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