Independent contractors are not covered by the Fair Labor Standards Act, which establishes a national minimum wage and overtime standards for employees. In an effort to require more businesses to pay overtime to workers, the U.S. Department of Labor (DOL) has adopted a new six-factor test that makes it more difficult for you to classify workers as independent contractors instead of employees.

Do you operate your business as a corporation, a partnership, or a proprietorship, or as an LLC taxed as one of these three entities? Your choice of entity impacts whether you can create a no-hassle, tax-free fringe benefit for you and/or your employees’ smartphones. In this article, you learn the rules that apply and which ones give you the best benefits.

If you are self-employed or operate your business as a small corporation, it’s possible that you have not yet claimed your COVID-19 family and sick leave tax credits. If that’s true, take a moment or two and answer the 12 easy questions in this article to see whether you could qualify for some or all of the possible tax credits.

You can open a business in the United States if you are a non-citizen. But beware: you travel a perilous tax and reporting path when you know little or nothing about the territory. Here’s a tip: follow this road map for successfully launching your U.S. business.

If you have self-employment income, you pay self-employment taxes (Social Security and Medicare taxes) on your net self-employment earnings. Not all income is self-employment income and some surprising types of income are considered self-employment income, as explained in this article.

The IRS rewards business owners who are proactive in fixing their worker classification mistakes using the Voluntary Classification Settlement Program (VCSP). With this program, you can correctly classify your workers at a minimal cost and without the risk of an employment tax audit.

The IRS Classification Settlement Program (CSP) offers a chance to settle your employment tax debt due to worker misclassification if you do not qualify for Section 530 relief. CSP agreements typically result in a substantial reduction of assessed employment taxes, especially if you misclassified workers over several years.

The Section 530 safe-harbor provisions allow employers to avoid penalties, if certain tests are met, on workers improperly classified as independent contractors. The employer must have filed all appropriate federal tax returns, treated similar employees consistently, and had a reasonable basis for classifying the individuals as independent contractors.

Businesses can save big by hiring independent contractors. But the rules of the road for this worker classification require that you pay attention. Both the feds and the states want the workers classified as employees. Recently, California’s AB 5 tried to make it significantly harder for businesses to hire independent contractors, but lawmakers have since watered down AB 5 in response to widespread complaints by both independent contractors and businesses. Other states started to follow the California example, but then decided not to do so.

If you encourage your employees to get the COVID-19 vaccination by giving them paid time off through September 30, 2021, you can collect refundable sick and family leave tax credits of up to $17,511 per employee. The credit is also available if an employee takes time off to help family or household members get vaccinated or recover from side effects of the vaccination. Similar credits are available if you are self-employed and have no employees.

Two things to know about the Paycheck Protection Program (PPP) first draw: (1) The first draw is for those who missed getting in on the original PPP, which expired on August 8, 2020. (2) Don’t think of a PPP draw as a loan. It’s not a loan. It’s a cash infusion. You have to repay a loan. You don’t have to repay the PPP funds.

The expression “I’m from the government, and I’m here to help you” is often counted as one of the three great lies. Toss that thinking out the window when you consider the PPP loan forgiveness rules that apply to the self-employed with no employees. For sure, this process is a government help to Schedule C taxpayers who took the time to obtain their PPP cash infusions.

The CARES Act provided tax payment relief for employers and self-employed taxpayers. You can defer payment of a portion of your self-employment tax—but do you have to, or can you pay if you have the cash? We’ll give you the answer plus some things to consider when making your decision.

When you are self-employed with no employees, the PPP program is a COVID-19 gift. If you now have your PPP funds, you need to review this article for insights on how to handle the money. After all, the idea is to have the loan forgiven.

Don’t overlook the COVID-19 Payroll Protection Program (PPP) if you are self-employed with no employees. For this program, you (as a self-employed taxpayer) count as an employee, and with only yourself, you qualify for the COVID-19 cash.

The federal government has given you many ways to find relief from the effect of COVID-19 on your business. You have to like the rescue. But it does require you to make choices as to which assistance to accept, because the selection of one type may preclude benefiting from a second type.

If you are in business for yourself—say, as a corporation or self-employed—payroll taxes and self-employment taxes are likely two of your biggest tax burdens. Here’s some possible good news: Congress decided to give you significant relief from these taxes due to the COVID-19 pandemic. We’ll tell you what relief options are available and whether or not you qualify.

California’s new AB 5 law turns many 1099 independent contractors into W-2 employees under California law. Does this new AB 5 law apply to your business? What if you are out of state? What are states other than California doing? Can you keep your workers as independent contractors? In this article, we answer these questions.

Download your PDF copy of the retirement plans desktop reference for one-person businesses.

Many workers across the U.S. are going to suffer improper reclassifications because of the California Supreme Court’s decision in Dynamex and the resulting new California law. As you will see in this article, the Tax Cuts and Jobs Act (TCJA) compounds the tax problems for the workers who are reclassified.

The tax code has a carve-out that creates statutory employees out of certain independent contractors. These contractors receive a W-2 with the “statutory employee” box checked, which means that the contractor reports the W-2 income and associated business expenses (including a Section 105 plan) on his or her Schedule C.

If you can qualify to move your W-2 income to Schedule C so as to enable those legitimate business expense deductions that you are losing to tax reform, should you do it? Maybe. You need to run the numbers to see if the new Schedule C taxes outweigh the monies you lost by not being able to deduct employee business expenses.

The recent tax reform created both winners and losers. One big loser is the W-2 employee who incurs out-of-pocket business expenses to earn his or her W-2 income. Tax reform simplified those W-2 employee business expense deductions by simply making them not tax deductible.

The IRS hit the Mescalero Apache Tribe with a bad result in an employee classification audit. The tribe took the IRS to the Tax Court and forced the IRS to turn over records on the tribe’s workers’ tax payments that will substantially reduce its tax bill. If you have a worker classification issue, you will want to know what the tribe did and why.

Do you pay yourself on a 1099 for the work you do in your S corporation? Why wouldn’t you, right? It makes life so simple. No payroll taxes to deal with, no withholding deposits, and no payroll services to pay for. Stop right there! Your simple life is about to get very complicated unless you make a change right now.

Lawmakers make business owners report to the IRS certain payments made to workers such as payments of $600 or more to independent contractors. The rules and deadlines for reporting independent contractor payments on Form 1099-MISC can be tricky. But when you know the rules, you can employ strategies that minimize the impact of these reporting requirements on your business.

Here’s a handy-dandy strategy for getting some money to your college student to help him or her pay for school. Have your child engage in an activity that’s not subject to self-employment taxes. If you operate your business as a corporation or your child is age 18 or older, this is a great college funding tool that you need to consider.

You likely want to hire independent contractors whenever possible. But if you are bending and breaking the rules, you face big back taxes, horrific penalties, and interest. So, a question for you: Have you been misclassifying your workers? If so, the IRS has a good deal that lets you off the hook with just a tiny payment. We’re talking a fraction of what you would otherwise owe if you lost your contractor classification in an IRS employment tax audit.

If you hire workers and want to classify some of them as independent contractors, you absolutely need to know about Section 530 and its safe harbor. By law, Section 530 is the first step in an employment tax audit. And if you don’t know about Section 530, you are making a potentially fatal financial mistake.

You save employment taxes when you hire workers as independent contractors. But you want to make certain that the workers are indeed contractors, or you could subject yourself to some expensive tax penalties. In this article, we show you three steps to independent contractor status for your workers.

That ugly alternative minimum tax (AMT) can raise its snakelike attack when you least expect it. In this court case, by changing the medical practice from a solely owned corporation to practicing as an employee of an education institution, the surgeon looked squarely in the eyes of the AMT and lost almost $20,000.

You have many ways to make your entertainment facility tax deductible. For example, you can treat use of the facility as compensation to the users. Tax law tags two types of people in your business for purposes of entertainment facility W-2 and 1099 compensation: “specified individuals” and others. For specified individuals whose use of the business beach home, ski lodge, or other entertainment facility creates taxable compensation, tax law limits the business’s deduction for its entertainment facilities. For compensated taxable use by nonspecified individuals, the business faces no special limits on deductions for entertainment facilities.

The Federal Housing Authority (FHA) guarantees loans so that lenders can make mortgage loans with lower down payments, lower closing costs, and easier credit qualifications. When the mortgage crisis hit, the FHA changed the rules for mortgage companies that had independent contractors brokering FHA mortgages. The change allowed only W-2 employees to sell FHA loans, and thus many mortgage companies converted their brokers from independent contractors to W-2 employees. For many, this new W-2 status produces a totally unfair tax result that can be overcome with knowledge.

If you have workers who are paid on a 1099 as independent contractors, you need to avoid one fatal mistake. When you make this fatal mistake, you subject your worker employment classification to either the tax court’s common-law seven-factor test or the IRS’s 20-factor common-law test. Both of these tests are hard on the employer and often result in harsh reclassification of the 1099 independent contractors to W-2 employee status.

Is your worker an independent contractor or an employee? You want to get this right at the beginning. But if you improperly classified an employee as an independent contractor, the IRS has a tax penalty relief program for you. Should the IRS plan not have the best relief for you, consider the Section 530 employer protection plan.

Learn what is 1099 income and why that often causes an incorrect 1099, which in turn can lead to an IRS audit. Often, correcting an incorrect 1099 on Schedule C compounds the problem. In this article, you learn how to 1099 correctly and what is 1099 income. The definition of “what is 1099 income” may surprise you.

The courts have determined that the alternative minimum tax (AMT) cheats many commissioned W-2 employees out of their rightful deductions. To fix this problem, the courts have allowed certain commissioned W-2 employees to move their employee business expenses from the IRS Form 2106 itemized deduction category to the tax-advantaged sole proprietorship on Schedule C.

You are not self-employed for tax purposes just because your employer says so. This is true even when your employer is the British consulate general.

New law retroactively repeals, as if never enacted, the 2010 law that required three new types of 1099 reporting: (1) 1099 reporting by owners of rental real estate, (2) 1099s for payments to corporations, and (3) 1099s for purchases of property.

Learn why it is important to get the independent contractor classification correct. If your supposed contractor status is in reality employee status, you suffer major penalties.

If you are thinking of hiring your workers as 1099 independent contractors, this article is for you. The article shows you how the rules work and helps you understand what you need to properly classify your workers as independent contractors.

The dreaded alternative minimum tax (AMT) taxes the regular tax deductions claimed for employee business expenses. These taxpayers said, “enough” and took their cases to court where they won their deductions by claiming employee business expenses on Schedule C.

Meals served to your employees and independent contractors at training sessions and incentive award trips are subject to the 50 percent cut that applies to entertainment and meals. To qualify for a 100 percent deduction, you need to include the meal as compensation to the employee or independent contractor. That’s what many Fortune 500 companies do.

The IRS fulfilled its promise and audited twice as many Form 1040-Schedule C taxpayers and S corporation returns. Your odds of audit vary by both choice of entity and gross receipts in that entity.