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New, Simplified Rules for Employee vs. Independent Contractor Classification

 

Speaker Name :Mark Schwartz


Recorded Session

75 Minutes

While Independent Contractors may be a necessary and strategic component to your business, the IRS, Workers Compensation, and state agencies are concerned with whether or not a worker has been misclassified - and thus feel that they are not getting their share of taxes - and have stepped up the number of audits that are aimed specifically at worker classification.

A "re-classification" of the Independent Contractors to employees can result in assessments against your organization for back taxes, substantial penalties, and interest. To prevent substantial fines and penalties you need to know the rules regarding what makes a worker an Independent Contractor versus an employee and that is where this training session can help.

Your trainer is Mark Schwartz, a former payroll tax auditor. Mark will provide examples from his auditing and hearing experience, including the twenty factors used to determine if an employment relationship exists. He'll also help you analyze language used in contracts with Independent Contractors to see if such language can be used against you in an audit.

You will leave the webinar understanding how to defend your position on your workers so the auditors will have a difficult time substantiating re-classification of your Independent Contractors to employees.

Objectives of the Presentation

  • The twenty factors used to determine if an employment relationship exists
  • What the IRS and states consider a bonafide independent contractor
  • How to use contracts to solidify your relationship - and how they can both help and hurt
  • How to set up a screening system that can be used by your hiring managers and human resource personnel to insure that they are following the IRS rules
  • What the auditing agencies are focusing on
  • How to determine the scope and potential areas of focus for your audit
  • How to identify any areas of concern prior to an external audit or an audit by another group within your company
  • Common areas where mistakes or issues can normally be found
  • How a review can help you detect internal control issues
  • Where to go to for assistance so you're not re-creating the wheel
  • Devising a game plan on what you want to review and how to divide and conquer

Why Should you Attend

Attend the sessions to learn how to properly identify, use, and pay Independent Contractors to prevent costly worker-classification audits.

Who will Benefit

  • General Counsel
  • In-House Labor Lawyer
  • Executive Management
  • Human resource policy decision-makers, front-line HR professionals
  • Business Owners
  • Department Managers
  • Managers, Supervisors
  • Team Leaders
  • Personnel Managers
  • Anyone with the responsibility of hiring or acquiring service providers


ON-DEMAND

  Downloadable recorded   $229
  Training CD   $299

Speaker Profile

Mark Schwartz is an employment tax specialist and has over 15 years of employment tax experience as an independent consultant and as a payroll tax auditor with the State of California. He has managed an audit caseload of 20 ongoing audits, from small home-based businesses to large multi-national corporations. He is expert at defining regulatory and statutory requirements from local, State and Federal government agencies; and helping the average business person understand what that mean to their business. He has processed weekly and bi-weekly payroll checks plus tax forms for businesses with hourly as well as exempt workers, multistate operations and a wide variety of benefits.

Mr. Schwartz provides consulting services encompassing payroll processing and payroll tax issues. These include payroll tax minimization, payroll tax compliance reviews, independent contractor studies, use of electronic transfers, deductions, benefits, etc. Markhas represented both clients and the State in front of the State Appeals Board. He understands the complexities of local wage laws, unemployment and disability claims, and other wage and benefit issues affecting your employees.

Mark prides himself on his outstanding customer service skills. He listens attentively to his clientele, helping them bridge the gap between the small business world and Government bureaucracy. He eagerly assists with clients needs, and feels that educating clients toward faster, accurate and more complete payroll processes provides the most value.

Mark is a participating member of the American Payroll Association. He earned his BA and MBA in Finance at Santa Clara University. He has held Certified Internal Auditor and Certified Investment and Derivatives Auditor Credentials. Mark is currently pursuing a Certified Payroll Fundamentals Credential with the American Payroll Association.

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