Common Tax Concerns

As your business grows, you will probably need to hireemployer's share of the FICA contributions and you
employees. Some of the most common tax concernswon't have to pay unemployment compensation. It
involve employee tax issues. When you hirecosts a business 20 percent to 40 percent more per
employees, you have to file timely payroll tax returnsworker to treat them as employees. While it may be
and make the required tax deposits.tempting to use independent contractors rather than
Payroll taxes include three types of taxes:employees, the IRS is very aware of the benefits of
- Income Tax- You must withhold the proper amountmisclassifying an employee as an independent
of income tax from each employee's paycheckcontractor and will impose stiff penalties for those who
throughout the year.break the rule.
- Social Security and Medicare Tax or FICA- YouIf you plan to use independent contractors rather than
must withhold the employee's share of FICA taxesemployees, take the IRS test, which lists 20 factors to
from each paycheck and you must match thatdetermine whether a worker is an employee or
amount.contractor.
- Federal Unemployment Tax or FUTA- This tax goesThe following chart gives examples of when workers
to the unemployment insurance system and is paid byshould be classified as employees or independent
the employer. The employee pays no part of FUTA.contractors:
Always pay your payroll taxes in full and on time. IfEmployees
you don't, the IRS adds interest and large penalties.Worker is trained by the employer to perform services
The interest and penalties can quickly grow if you don'tin a particular manner
pay them immediately. These fees can be enormousWorker is required to devote substantial time to the
and can cause businesses to fail if they cannot affordemployer
to pay the fees.Worker has set hours of work
Another common tax issue is misclassifying workers.Work is done on business premises
Workers are usually classified as either regularThe business has the right to fire the worker and the
employees or independent contractors. Businessworker has the right to quit at will.
owners have payroll tax withholding and reportingIndependent Contractors
obligations for all of their employees; however,Workers services are available to the general public
business owners don't have to withhold or makeWorker does work for several businesses at one time
contributions for payroll taxes for true independentWorker is free to work when and for whom he or
contractors.she wants
Calling someone an independent contractor saves a lotWork is done on worker's premises
of time complying with IRS reporting requirements. ItThe worker can't be terminated early except for
also saves money-you don't have to make thebreach of contract.