Employee vs. Independent Contractor – Seven Tips for Business Owners 8/20/2010, By IRS.

Image by Getty Images via @daylifeAs a small business owner you may hire people as independent contractors or as employees. There are rules that will help you determine how to classify the people you hire. This will affect how much you pay in taxes, whether you need to withhold from your workers paychecks and what tax documents you need to file.


Here are seven things every business owner should know about hiring people as independent contractors versus hiring them as employees.

1. The IRS uses three characteristics to determine the relationship between businesses and workers:

• Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.

• Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job.

• Type of Relationship factor relates to how the workers and the business owner perceive their relationship.

2. If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.

3. If you can direct or control only the result of the work done -- and not the means and methods of accomplishing the result -- then your workers are probably independent contractors.

4. Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.

5. Workers can avoid higher tax bills and lost benefits if they know their proper status.


6. Both employers and workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS.

7. You can learn more about the critical determination of a worker’s status as an Independent Contractor or Employee at IRS.gov by selecting the Small Business link. Additional resources include IRS Publication 15-A, Employer's Supplemental Tax Guide, Publication 1779, Independent Contractor or Employee, and Publication 1976, Do You Qualify for Relief under Section 530? These publications and Form SS-8 are available on the IRS website or by calling the IRS at 800-829-3676 (800-TAX-FORM).   http://www.irs.gov/pub/irs-pdf/p1779.pdf

Rocky Mountain Minority Contractors Associations (RMMCA) in the News

RMMCA in the News

Sustainable Business Workshop Contest &Review

RMMCA would like to congratulate the contest winners of the Sustainable Business Workshop contest on July 22, 2010. They will receive 6 free hrs of one-on-one consultation in either estimating, proposal writing, or human resources services from Rex Davis & Associates LLC and W. Garnett & Associates. The workshop was put on by RMMCA & COMTO which provided members with training in estimating, proposal writing, business marketing, and business management. The program consisted of eight workshops which ran from April to July at RMMCA's office in Centennial.

RMMCA's Sustainable Business Workshop Part II Coming Soon


Because of the success of the first Sustainable Workshop, RMMCA has decided to conduct a second series that will focus on project management. The workshop is expected to start later this year.

Breakfast with Primes Networking Events

RMMCA along with its partners CCA have come together to relaunch the "breakfast with Primes" networking events. RMMCA will kick off its "breakfast with Primes" with two networking events in October and November TBD. These events will be held every month starting in January 2011, providing a Prime is available for hosting. These networking events will give subcontractors the ability to build relationships with the Prime contractors, thus, making it easier to understand what the Prime is looking for in a bid proposal and for the Prime to develope a working relationship with the subcontractor. The subcontractor will also benefit from knowing about future projects the Prime may have. The breakfasts will be Free to RMMCA members while non-members will be charged an admittance fee. Non-members can become RMMCA members and enjoy these beneficial networking events for free by filling out a membership application by Clicking Here. Keep an eye on your email inbox for notices about the networking events with Primes.

States Stand Ready to Respond to President Obama's Transportation Investments with $80 Billion in Ready-to-Go Projects. AASHTO Press Release

Image by Getty Images via @daylifeStates Stand Ready to Respond to President Obama's Transportation Investments with $80 Billion in Ready-to-Go Projects


Transportation agencies reacted positively to news that President Barack Obama plans to include immediate transportation investment in his recipe for economic recovery.

"We are highly supportive of President Obama's proposal to immediately invest $50 billion to rebuild roads, expand high speed rail, and rehabilitate airport runways," said John Horsley, executive director of the American Association of State Highway and Transportation Officials.

"We have demonstrated that investing in transportation infrastructure is one of the fastest ways to create and sustain jobs. An AASHTO January 2010 survey of states showed 9,800 ready-to-go projects valued at nearly $80 billion. If Congress wants to pass legislation investing in our transportation infrastructure, the states stand ready to put those dollars to work."

Horsley pointed out that the states' track record creating and sustaining jobs is excellent. More than 90 percent of Recovery Act-funded transportation projects, representing approximately $48 billion in investments, are under contract.

More information on how states are delivering Recovery Act projects can be found at http://recovery.transportation.org. Details on states' ready-to-go projects survey is online at http://downloads.transportation.org/Ready-to-Go.pdf.