Surgent's Employee vs. Independent Contractor: Achieving Success in a Worker Classification Audit
Overview
The IRS believes, perhaps with some justification, that many workers classified as independent contractors are actually employees and should be treated as such for tax purposes. The result is that worker classification audits are frequent and often costly for business clients, both in terms of time as well as money expended. This program prepares tax practitioners to assist their clients with worker classification audits, and to avoid them if possible, by discussing and explaining the circumstances under which workers will most likely be characterized as employees or as independent contractors. The program also deals with the first line of defense against the IRS in worker classification audits - Section 530, as well as the common law factors distinguishing an employee from an independent contractor. This program also explores the IRS Voluntary Classification Settlement Program and discusses whether a practitioner should advise a client to request admission into this program.
Delivery Method: Individual webcast
CPE Credit: Taxes
Program Level: Intermediate
This course is being offered by a 3rd party vendor and will not be accessible on your My CPE page. Webinar access information will be emailed directly to you by Surgent McCoy.
Highlights
- The 20 common law factors in a worker classification audit that are used to distinguish an employee from an independent contractor
- How disgruntled independent contractors can use IRS Form 8919 against a former employer
- When and how to use §530 as a defense in worker classification audits
- What is "industry practice" for §530 purposes
- Common sense steps that will avoid the recharacterization of workers treated as independent contractors to employees
- The IRS’s Voluntary Classification Settlement Program — advantages and disadvantages
- The DOL Final Rule
Prerequisites
Knowledge of basic individual income tax principles
Designed For
Any tax practitioner who wishes to help their clients avoid having independent contractors reclassified by the IRS as employees and any tax practitioner whose clients currently use independent contractors rather than employees
Objectives
- Advise clients with respect to the risks associated with their treating workers as independent contractors rather than employees
- Understand how to employ Section 530 for purposes of defending against an IRS allegation that one or more workers are employees and not independent contractors
Preparation
None
Leader(s):
Leader Bios
Michael Frost
Mike Frost, CPA, of Jacksonville, Alabama, provides tax consulting, continuing education, and motivational speaking services through his company, Mike Frost Enterprises. Mike is a former shareholder of MDA Professional Group, PC, where he managed the tax department of the Albertville office. Mike has 30 years of experience in public accounting, including but not limited to: Business and individual income tax preparation and planning; mergers and acquisitions; estate, gift, and trust tax preparation; small business consulting; Medicare planning and other elder care; audit representation; and religious groups and clergy.
Mike has conducted CPE engagements and seminars throughout the United States and has served as technical advisor for tax articles in The Sand Mountain Reporter, a local newspaper. Mike has been a featured presenter at the Alabama Society of CPAs Annual Meeting and the Federal Tax Clinic held annually at the University of Alabama in Tuscaloosa.
Mike graduated with "high honors and distinction" from Jacksonville State University with a major in accounting and a minor in finance and a 4.0 GPA. He is a member of the American Institute of Certified Public Accountants and the Alabama Society of Certified Public Accountants. In addition, he is a graduate of the Tax Planning and Advising for Closely Held Businesses Certificate of Educational Achievement Program sponsored by the AICPA.
Non-Member Price $104.00
Member Price $99.00