IRS Allows Latitude, Safe Harbor in Cases of Worker Misclassification

Julie K. Fritsch

Julie K. Fritsch, Attorney at Law, Montgomery & Andrews P.A.

Misclassifying an employee as an independent contractor isn’t always an intentional attempt by an employer to avoid paying payroll taxes, unemployment insurance and other employee benefits. Although the correct classification of a worker may be difficult to determine in many work relationships, employers are nonetheless responsible for classifying workers appropriately.

A determination by the IRS or Department of Labor that an employer has misclassified a worker or class of workers can have serious consequences for employers, including government audits and significant penalties. Nevertheless, safe harbors that can reduce or eliminate assessed penalties are available to employers.

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Employers Who Mislabel Employees Risk Penalties

Suzanne C. Odom

Suzanne C. Odom, Attorney at Law, Montgomery & Andrews, P.A.

Under competitive pressures, some employers are tempted to label workers “independent contractors” rather than employees so they can avoid paying benefits, matching Social Security and Medicare taxes, paying federal and state unemployment taxes and following employment laws, such as the Fair Labor Standards Act. This practice of misclassification has created substantial problems for affected employees and for the United States Treasury, the Social Security and Medicare funds, and state unemployment and workers’ compensation funds.

As a result, the U.S. Department of Labor and Internal Revenue Service signed a memorandum of understanding in September 2011 so the agencies could work together and share information to reduce employee misclassification, close the tax gap and improve compliance with federal labor laws.  Continue reading

Buying Business Property Offers Numerous Perks – and Potential Pitfalls

Alexia Constantaras

Alexia Constantaras, Attorney at Law, Montgomery & Andrews

Business owners can sometimes save money by buying the building where they’re housed. Rather than monthly payments going toward rent, mortgage payments build an asset the business can sell or use as loan collateral. Corporate business owners can buy property privately and rent it to the business, providing income for the owner and a deductible expense for the business. When the business owns the property, depreciation expense is maximized and the asset side of the balance sheet is strengthened. However the property is purchased, several aspects of the purchase agreement require review.

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