Smart Benefits: Small Businesses Beware of Proper Worker Classification

Rob Calise, GoLocalProv Business/Health Expert

Smart Benefits: Small Businesses Beware of Proper Worker Classification

On July 20, the IRS issued a reminder for small businesses about the importance of properly classifying workers as employees or independent contractors. Correct classification determines if an employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on wages paid to an employee – normally not required for independent contractors.

The general rule is that an individual is an independent contractor if the payor only has the right to contract or direct only the result of the work and not what will be done or how. To help determine whether a worker is an independent contractor or employee, the IRS suggests considering three categories:

  • Behavioral Control: A worker is considered an employee when the business has the right to direct the work performed, even if the worker doesn’t exercise that right, through such activities as providing certain types of instructions and training.
  • Financial Control: The extent to which a business has a right to control the financial and business aspects of the worker’s job is a factor in worker classification. For example, an independent contract is generally free to seek out business opportunities.
  • Relationship of the Parties: Written contracts, benefits and the permanency of the relationship are all factors to be considered in determining the type of relationship between the worker and the business.

 

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For help determining the status of workers, employers can use IRS Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.

Rob Calise is the Managing Director, Employee Benefits. of Cornerstone|Gencorp, where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance. 

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