Independent Contractor Dilemma: The War Between 1099 & W-2 – OnDemand


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Today's employers must be aware of the complex compliance issues relating to the proper classification of employees versus independent contractors. 
The IRS plans to flag employers for audit should they issue both a 1099 and W-2 to the same identification number. 
BEWARE! The IRS has also begun a coordinated effort of enforcement and sharing of
information with the DOL (Department of Labor) and the States. Join this informative webcast so that you will be prepared to recognize the unique differences between your employees and independent contractors.

Topics Covered

  • Defining Employees versus Independent Contractors;
  • IRS "Right-to-Control" Test: Rev. Rul. 87-41 – 20 Common Law Attributes;
  • Department of Labor "Economic Reality" Test;
  • Modernized Twenty Factor Test: Three Categories of Evidence as they appear on Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding);
  • Costly Consequences of Mis-classifications of Employees;
  • Safe Harbor Rules & Remedies – Section 530 & Form 8919;
  • Notable Court Decisions;
  • IRS Voluntary Worker Classification Settlement Program (VSCP);
  • 2013 Legislative Updates.

Learning Objectives

  • Recognize the Internal Revenue Service's plan to minimize the "tax gap".
  • Recognize the new regulations regarding 1099 Compliance to avoid costly penalties.


Marcia L. Miller has been providing tax and business advisory services to corporate clientele for over 30 years as President of Financial Horizons, Inc. As a licensed Florida mortgage loan officer and mortgage broker, Marcia is able to structure and provide creative financing for both her corporate entities and individual taxpayers.