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FOR
IMMEDIATE RELEASE:
ARE YOU AN EMPLOYEE, SELF-EMPLOYEED OR AN INDEPENDENT CONTRACTOR?
Find out the difference.
The question of whether you are an employee or a self-employed independent contractor is very important and may not always be easy to answer. You should understand the category you fall under, since it'll affect how you pay your taxes.
You are an employee if -
Your payer has the right to direct and control your activity. The factors of control fall into three key categories:
- Behavioral control
- Financial control, and
- The relationship between you and your payer.
No one single fact determines worker classification, rather all
of the facts and circumstances of a relationship weigh in the correct
worker classification determination.
If you are an employee, you
are required to report the wages you received during the calendar
year on your personal income tax return because they are taxable
income. Your employer is required to report wages paid to you during
the year on a Form W-2. Your employer is also required to ask you
to fill out a Form W-4 and you are required to return that form
to your employer. Form W-4 directs your employer on how much tax
to withhold from your pay. If you are unsure how much to request
be withheld on your Form W-4, check the
IRS Withholding Calculator
for guidance.
You are an independent contractor if -
You have the right to direct and control the most important aspects of your activity
People such as contractors, subcontractors and auctioneers, who
maintain an independent trade, business or profession in which they
offer their services to the public, are generally independent contractors.
If you are an independent contractor, your income earned will be reported to you by the payer on a Form 1099-MISC, unless the payer pays you less than $600 in the calendar year. However, you must report all the income you earned during the year, even if your client does not issue a Form 1099-MISC for your services.
As an independent contractor you are self-employed and are generally required to attach a business return to the annual income tax return that you file and to pay estimated tax quarterly. Self-employed individuals generally have to pay self-employment tax (Social Security and Medicare tax) as well as income tax.
Estimated tax payments are generally due on January 15th, April 15th, June 15th and September 15th. Penalties and interest can occur if the taxes are not paid on these dates.
If your worker status is unclear -
Additionally, The IRS developed
FORM 8919, Uncollected Social Security and Medicare Tax on Wages, to simplify the process for employees to report their share of uncollected Social Security and Medicare taxes due on their compensation when their employers have misclassified them as independent contractors.
Go
to SMALL BUSINESS RETIREMENT PLANNING for more information on how you can reduce taxes and plan for your retirement.
This article was intended to provide general information about employees vs. self-employed or independent contrator. It does not contain all the rules and exceptions that may apply to your situation. If you have further questions regarding this, I can be reached at
www.diannegoodman.com.
About the Author
Dianne
Goodman, CPA, FCPA - Specializes in servicing Small Businesses
and Individuals. Visit www.diannegoodman.com
for relevant and current information on a variety of financial
and tax issues focusing on small businesses, forensic accounting and individual taxes or call
at 1-888-851-1975.
CONTACT INFORMATION:
Dianne
Goodman, CPA, FCPA
Comprehensive Small Business Solutions, PC
505 323-2307
1 888-851-1975 toll free
www.diannegoodman.com
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