The line can become blurry between an employee and an independent contractor. The one thing we do know is that for companies an independent contractor means no social security tax, no medicare and no unemployment insurance taxes for those workers. Clearly, there are advantages to hiring contractors over employees. However, the government’s 2010 budget includes a crack down on companies who classify individuals as independent contractors when they might really be employees. Many companies are avoiding taxes by hiring employees as contractors. Contractors usually do business themselves and are their own business; they find clients and decide when and where they work. Employees however, do not obtain their own clients; they work for the company and do so under company policies.
By increasing the enforcement of correctly identifying employees and contractors, the government will receive more funds from taxes that have been circumvented in the past. The old rule by the I.R.S will be rewritten so that misclassification will not be allowed. So moving forward it will be mandated that companies correctly classify their workers and bite the bullet on paying the increase in taxes.
The IRS has published some common law rules and rules of thumb to aid employers in their determination and avoid an audit surprise!







