Surgent's Employee vs. Independent Contractor: Achieving Success in a Worker Classification Audit

Overview

The IRS believes, perhaps with some justification, that many workers classified as independent contractors are actually employees and should be treated as such for tax purposes. The result is that worker classification audits are frequent and often costly for business clients, both in terms of time as well as money expended. This program prepares tax practitioners to assist their clients with worker classification audits, and to avoid them if possible, by discussing and explaining the circumstances under which workers will most likely be characterized as employees or as independent contractors. The program also deals with the first line of defense against the IRS in worker classification audits - Section 530, as well as the common law factors distinguishing an employee from an independent contractor. This program also explores the IRS Voluntary Classification Settlement Program and discusses whether a practitioner should advise a client to request admission into this program.

Highlights

• The 20 common law factors in a worker classification audit that are used to distinguish an employee from an independent contractor
• How disgruntled independent contractors can use IRS Form 8919 against a former employer
• When and how to use §530 as a defense in worker classification audits
• What is "industry practice" for §530 purposes
• Common sense steps that will avoid the recharacterization of workers treated as independent contractors to employees
• The IRS’s Voluntary Classification Settlement Program — advantages and disadvantages

Prerequisites

Knowledge of basic individual income tax principles

Designed For

Any tax practitioner who wishes to help their clients avoid having independent contractors reclassified by the IRS as employees and any tax practitioner whose clients currently use independent contractors rather than employees

Objectives

• Advise clients with respect to the risks associated with their treating workers as independent contractors rather than employees
• Understand how to employ Section 530 for purposes of defending against an IRS allegation that one or more workers are employees and not independent contractors

Preparation

None

Notice

This on-demand webcast can be taken at any time of your choosing and is valid for one year from the date of purchase. No live instructor is present, and an exam is required to earn credit. You must score 70% or higher to earn the certificate.

How do I access my Self-Study Package?

Visit https://www.surgentcpe.com/login and enter your username (your LCPA email address) and password. If you do not remember your password, press the "Forgot?" button to receive a password reset email. Once logged in, the page will refresh to display your account menu on the left side.