Employee or Independent Contractor?
Treating workers as independent contractors might seem like an easy way to avoide payroll headaches. Don't worry about any taxes, and just give them each a Form 1099-MISC at year-end, right?

Wrong!

The courts have established that there are many factors in determining status, and it is not up to the employer's OR employee's "preference." If you incorrectly classify an employee as an independent contractor, you can be held liable for employment taxes for that worker, plus a penalty.

And it only takes one disgruntled worker to open that can of worms. It's just not worth the risk.

More detailed information is available in Publication 15-A from the Internal Revenue Service, as well as a condensed version in this.brochure.

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