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1099 Risk Blog

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June, 23 2009
Posted by Liz Greene | Comments: (1)

Our zombie news item for today is the grotesque revival of a proposed California budget fix that includes a 3% tax withholding for independent contractors. For those of you who don’t know what I am talking about, read on: this might be fun; I’m going to make yet another bold prognostication (see my last one on E-Verify). Withholding taxes on independent contractors? If you are feeling some déjà vu, it’s not just you. This zombie of a proposal has been raised and killed so many times . . .

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June, 1 2009
Posted by Liz Greene | Comments: (1)

While we're shy of reporting on rumors, the word from Washington Technology today is that a representative from trade association TechAmerica has emailed their membership with the news that the deadline for Federal Contractors to comply with E-Verify will be delayed, yet again, this time to September 8. The ruling was most recently postponed to June 30th to allow the Obama administration . . .

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May, 7 2009
Posted by Liz Greene | Comments: (4)

You’ve already heard that the White House has delayed the deadline for Federal contractors’ compliance with the E-Verify rule – again – until June 30th. There are those who would argue clearly and compellingly that E-Verify isn’t going to make it, that the forces against it are strong. I was discussing the issue just the other day with an attorney, and the controversial rule makes for a challenging debate topic because of how the lines are drawn. Both the left and the right are split down the middle . . .

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April, 23 2009
Posted by Liz Greene | Comments: (0)

Clamp down on “maverick” spend.  As compliance programs are only effective if they are used, executive buy-in and a strong communications program are critical. Check that contractors are not being engaged as “maverick” spend by managers unwilling to participate in the compliance program. Often, if a contractor fails compliance...

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April, 10 2009
Posted by Dave Putt | Comments: (0)

As our senior management representative handling new customer implementations, I’m privy to some of the best facial expressions business executives have to offer. A few weeks ago, I visited a new customer to begin implementing our Independent Contractor Compliance services, which included...

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April, 10 2009
Posted by Liz Greene | Comments: (0)

Ready for independent contractor classification tip #7? Here it is: "Maintain electronic records on each independent contractor for instant audit defense". You or your 1099 compliance vendor should maintain an electronic compliance file on every independent contractor you engage. Check to find out...

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April, 3 2009
Posted by Dave Putt | Comments: (0)

Last fall, I learned of a curious event in the world of Independent Contractor risk:  a government agency was being audited by the IRS for its use of Independent Contractors. The audit found the agency to be liable, and the IRS levied penalties.  Although the fines did not seem to be of the level I have seen with private industries, it did come with the stipulation that the agency clean up its act in the next six months or it would...

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March, 27 2009
Posted by MBO Partners | Comments: (1)

The IRS was alerted to a growing epidemic of worker reclassification by a Treasury Department report issued last month. In our last blog post on misclassification, we discussed why employee reclassification was on the rise in America. In the second part of this short series, we will look at...

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March, 22 2009
Posted by Liz Greene | Comments: (0)

Here's our next independent contractor classification tip #6:

"Re-assess compliance with every new assignment or, at a minimum, annually." 

The only way to ensure compliance is maintained is to re-assess, re-assess, and re-assess. A simple change in any of the three control factors, such as management oversight when changing to a new project, can disqualify a previously compliant contractor.

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March, 20 2009
Posted by MBO Partners | Comments: (0)

Worker misclassification, and the process by which the IRS identifies and handles such misclassifications, was highlighted by the Treasury as a critical issue in a report issued last month. The report’s title says it all: “While Actions Have Been Taken to Address Worker Misclassification, and Agency-Wide Employment Tax Program and Better Data Are Needed.”  The last review of the impact of misclassification (the improper assignment of employees into 1099 independent contractor status) dates back to 1986, and thus the IRS does not have a grasp on exactly what damage . . .

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