KTADDITION
THE
Summer 2022 - 7
A Publication of Ketel Thorstenson, LLP
(Employee VS. Independent Contractor - Who’s Who? continued from page 6)
17. Working for more than one business at a time If the worker performs services for a number of unrelated businesses at the same time, the worker is generally considered an independent contractor. 18. Availability of worker’s services to the general public 19. Firm’s right to discharge work 20. Worker’s right to terminate relationship Let’s use an example to help understand the differences. Ted mows lawns and pulls weeds for XYZ once a week from May through October. He provides his own lawnmower and can perform these tasks at any time as long as it’s once a week. Ted also does this for five other businesses in town. He does his billing and scheduling from his own home office. Should
Ted be considered an employee or independent contractor? He is an independent contractor. Why? In the grand scheme of things, he has control over what he does. XYZ hired him to do a specific task, but he has the authority to choose when and how that task is completed.
$600 or more for services performed then the business will need to issue a Form 1099 to that independent contractor for the year.
If on the other hand, Ted worked for a company that owned several apartments, mowed for them 4 days a week, used the company’s vehicles and mowers, and was paid an hourly wage--he undoubtedly is an employee.
The biggest risk to an employer is to incorrectly treat a worker as a contractor, when in fact they are an employee. The employer could be subject to federal employment taxes, penalties, and interest. Also, federal and state unemployment taxes and worker compensation insurance. To add to the misery, the penalties and interest might amount to more than the actual tax.
The next big question, why does it matter? If the worker is considered an independent contractor the amounts paid to that individual are not subject to federal income tax withholding, but the independent contractor may have to pay self-employment tax. Also, if you pay the independent contractor
All in all, determining whether a worker is an employee, or an independent contractor is a little tricky and convoluted. Please reach out to your tax professional at KTLLP if you have questions or want to discuss in more detail the differences between an employee and an independent contractor.
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