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Tax Issue: Employee or Independent Contractor

IRS and Case Law Factors Involved In Determining

Whether A Worker Is an Employee or Independent Contractor

Written by: Steven J. Fromm, J.D., LL.M. (Taxation)

The determination as to whether a worker is an employee or an independent contractor can have far reaching tax implications for both the worker and the employer.  In addition, eligibility for employer fringe benefits are controlled by this determination. This determination becomes  more vital in light of the new voluntary worker classification program now being offered by the IRS.  This new program allows many employers to resolve past worker classification issues with the IRS.  For a detailed discussion of this new IRS program please go to the following hypertext article Employers Playing Tax Games with Workers: IRS Offers Way to Come Clean.  The following briefly discusses the factors that are looked to in determining whether a worker is an employee or an independent contractor.

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