subject: An Independent Contractor Support With Hire Virtual Assistant [print this page] Anyone running a company must develop policies relating to a myriad of topics regarding employees. What medical insurance should we provide? How do we structure a retirement plan for employees? What is a fair vacation policy? There is one issue however, that is often overlooked; proper employee classification. Are these people independent contractors or employees? It is a crucial decision. Companies of all types and sizes are making use of contract labor in lieu of full-time (or even part-time) employees. Often contracting labor makes sense for good reasons such as:
Specific skills may be required for a short-term project;
More personnel may be required to get through a seasonal busy period;
the company may not be financially able to attract top talent for an employer/employee relationship.
Who is an Employee? A general rule is that anyone who performs services for you is your employee if you can control what will be done and how it will be done. Who is an Independent Contractor? A general rule is that the payer has the right to control or direct only the result of the work done by an independent contractor, and not the means and methods of accomplishing the result.
In a payer/contractor relationship, payers are required to file information returns to report certain types of payments made to independent contractors during the year. For example, Form 1099-MISC, Miscellaneous Income, is filed with the IRS to report payments of $600 or more to persons not treated as employees (e.g. independent contractors) for services performed for the payer's trade or business. There ARE some special circumstances. Direct sellers and real estate agents are considered Statutory Non-Employees and are treated as self-employed for all Federal tax purposes, including income and employment taxes. This can become very complicated. Don't worry, there is another resource available to employers. If, after applying the Common Law test, you are unable to determine whether a worker is an employee or a contractor, you may request a specific IRS determination by filing Form SS-8. Instructions and the appropriate address of the IRS service center for mailing purposes are listed on the form
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