Section 1: The Employer-employee Relationship

If the employer has the authority to determine the tasks and methods of work for an individual, it indicates a level of control that is typically associated with an employer-employee relationship. In such a relationship, the employer has the power to direct and supervise the employee's work, which implies a hierarchical dynamic. Therefore, the statement "If the employer has the right to control what work will be done and how that work will be done, an employer-employee relationship exists" is true.

The given statement is true because an independent contractor is a self-employed individual who provides services to multiple clients. In this scenario, the accountant is working at her own office and providing bookkeeping and payroll services to several local businesses, which indicates that she is not an employee of any specific company but rather an independent contractor.

The statement is true because it is the responsibility of the employer to determine the employment status of an individual who performs services. This includes determining whether the individual is an employee or an independent contractor. The employer must consider various factors such as the level of control over the individual's work, the method of payment, and the presence of a contract. Making this determination is important for ensuring compliance with labor laws and regulations, as well as for determining the individual's rights and benefits in the workplace.

Part-time employees are indeed covered under federal payroll tax laws, regardless of whether they meet the common law test for employment status. The federal payroll tax laws apply to all employees, regardless of their employment status or the number of hours they work. Therefore, the statement that part-time employees are not covered under federal payroll tax laws is incorrect.

Form 1099-MISC must be submitted to an independent contractor (who is paid at least $600) after the end of the year for services performed during that year. This form is used to report income earned by independent contractors, freelancers, and other self-employed individuals. It provides information about the income received and is used by the contractor to report their income on their tax return. Form W-2 is used to report wages paid to employees, Form 1096 is used to summarize and transmit certain information returns to the IRS, and Form SS-8 is used to determine a worker's status as either an employee or an independent contractor.

The correct answer is attorney (solo practitioner). This individual is not classified as an employee because they are self-employed and work independently as a solo practitioner. In contrast, the controller of a company, college professor, and city police officer are all typically considered employees as they work for an organization or institution and receive a salary or wages from that entity.

Telemarketers working under the direction of a company are usually not independent contractors. They are typically considered employees of the company, as they work under the company's direction and are subject to its control and supervision. Independent contractors, on the other hand, have more autonomy and control over their work and are not typically supervised or directed by a company. Therefore, the statement is false.

Managers and executives are not excluded from the employer-employee relationship for tax purposes. They are still considered employees and are subject to the same tax regulations as other employees. This means that they are required to pay income tax, social security tax, and other applicable taxes based on their earnings. Therefore, the statement that managers and executives are excluded from the employer-employee relationship for tax purposes is false.

In an employment tax audit, it is true that an IRS agent must provide the employer with written notice of the availability of the Section 530 protections. Section 530 of the Revenue Act provides certain protections to employers who have misclassified workers as independent contractors instead of employees. By providing written notice, the IRS ensures that the employer is aware of their rights and options under Section 530 during the audit process.

States require employers to report newly hired employees for various reasons, such as detecting welfare fraud, detecting unemployment compensation fraud, and locating noncustodial parents subject to a child support withholding order. However, locating individuals who have not claimed state lottery winnings is not a goal for requiring employers to report newly hired employees. This is because state lottery winnings are typically claimed by the individual themselves, and it is not the responsibility of the employer to locate them.

If an employer uses the E-verify program, a new hire still has to enter their SSN in section 1 of Form I-9. The E-verify program is an internet-based system that allows employers to verify the eligibility of their employees to work in the United States. While the program helps employers confirm the validity of employees' information, it does not exempt them from the requirement of entering their SSN in section 1 of Form I-9. Therefore, the statement is false.

Under the ABC test, one of the determining factors is whether the worker in question is free from control or direction in performing the work both by an agreement and in reality. This means that the worker must have the freedom to perform their work without being micromanaged or directed by the employer. The worker should have the ability to make their own decisions and have control over how they complete their tasks. This factor is important in determining whether a worker is classified as an independent contractor or an employee. Therefore, the given answer "True" is correct.

An employer that changes its classification of a worker from an independent contractor to an employee may still claim Section 530 protection for the period before the change in treatment. This means that even if the employer reclassifies the worker, they can still be protected under Section 530, which provides certain relief from employment tax obligations. This allows the employer to avoid penalties and back taxes for misclassifying the worker as an independent contractor in the past.

If an independent contractor provides the employer with a correct Taxpayer Identification Number (TIN) within the specified time frame, there will be no backup withholding. Backup withholding is a requirement by the IRS to withhold a certain percentage of payments made to a contractor in case they fail to provide a valid TIN. However, if the contractor provides a correct TIN on time, there is no need for backup withholding. Therefore, the statement is true.

An independent contractor is typically not paid by the hour, as they are usually paid based on the completion of a project or task. They have the freedom to set their own work hours, work off-site, and furnish their own tools, which are all characteristics of being an independent contractor. However, being paid by the hour is more commonly associated with an employee rather than an independent contractor.

Full-time life insurance salespersons are not always considered statutory employees. Whether or not they are classified as statutory employees depends on the specific circumstances and criteria set by the Internal Revenue Service (IRS). Therefore, it is possible for full-time life insurance salespersons to be subject to FUTA tax if they do not meet the requirements to be classified as statutory employees.

Workers hired through a temporary help agency are not considered employees of the client company because they are technically employed by the agency itself. The client company may have control over the tasks and supervision of these workers, but the legal responsibility for their employment lies with the agency. This arrangement allows the client company to have flexibility in managing their workforce and reduces certain legal obligations and liabilities typically associated with being an employer.

The statement is true because the length of employment does not affect an individual's employment status. Employment status is determined by factors such as the nature of the work, the level of control exerted by the employer, and the contractual agreement between the employer and the employee. The length of employment may be relevant for other considerations, such as eligibility for certain benefits or protections, but it does not directly impact employment status.

The statement is false. According to the U.S. Citizenship and Immigration Services (USCIS), employers are required to retain an employee's Form I-9 for either three years after the date of hire or one year after the employee's termination, whichever is later. Therefore, if an employee resigns after working for an employer for five years, the employer must retain the employee's Form I-9 for either three years after the date of hire or one year after the employee's resignation, whichever is later.

Form SS-8 may be completed and submitted to the IRS to determine the employment status of an individual for federal income and employment tax purposes. This form is used to request a determination from the IRS on whether a worker is considered an employee or an independent contractor for tax purposes. It helps clarify the classification of the worker and ensures that the correct taxes are withheld and paid.

The place of work does not support an employer's treatment of a worker as an independent contractor under the "reasonable basis" test. This is because the location where the work is performed is not a determining factor in classifying a worker as an independent contractor. The other options, such as court decisions, private letter rulings, and past IRS employment tax audits, can provide evidence that supports an employer's treatment of a worker as an independent contractor.

Reciprocity agreements refer to agreements between states that allow employees who work in a state but live in another to pay income tax only in their state of residence. Therefore, employers are only required to withhold state income tax for their employees' states of residence under these agreements. This means that the statement is true.

Qualified Real Estate Agents are not considered statutory employees. Statutory employees are individuals who are treated as employees for tax purposes but still maintain some degree of independence. Full-Time life insurance salespersons, Homeworkers, and Traveling or City Salespersons are all examples of statutory employees. However, Qualified Real Estate Agents are typically treated as independent contractors rather than employees.

Full-time life insurance salespersons paid solely by commission are exempt from FUTA tax because the Federal Unemployment Tax Act (FUTA) tax applies to employers, not employees. Since these salespersons are not considered employees, but rather independent contractors, they are not subject to FUTA tax. However, they are still responsible for paying Social Security and Medicare taxes on their commission income.

An employer must retain a Form I-9 for a terminated employee who worked for the employer for more than four years for a period of 1 year after termination. This is in accordance with the regulations set by the U.S. Citizenship and Immigration Services (USCIS) which require employers to retain Form I-9 for a certain period of time after an employee's termination. The purpose of retaining the form is to ensure compliance with immigration laws and to have a record of the employee's eligibility to work in the United States during their employment.

Technical services specialists are excluded from the "reasonable basis" test. This means that they do not need to meet the same level of knowledge and expertise as other professionals when providing their services. This exclusion recognizes that technical services specialists may have specialized skills or knowledge that may not be easily measured or evaluated using traditional standards. Therefore, the statement is true.

Workers must have a continuing relationship with the employer in order to be considered statutory employees. This means that they have an ongoing and consistent employment arrangement with the employer, rather than working on a temporary or sporadic basis. This requirement helps to distinguish statutory employees from independent contractors who may work on a project-by-project basis. By having a continuing relationship, workers are more likely to be under the control and direction of the employer, which is a key factor in determining their employment status.

Newspaper deliverers are considered statutory non-employees because they meet the criteria outlined by the IRS. They have a written contract stating that they will not be treated as employees for federal tax purposes, they are paid solely on sales or other output, they have the ability to hire and pay assistants, and they have a significant investment in the equipment used for their work. These factors distinguish them from employees and make them eligible for different tax treatment.

Employers cannot demand specific documents to prove an employee's eligibility to work in the U.S. The Immigration Reform and Control Act (IRCA) prohibits employers from requesting specific documents from employees during the hiring process. Instead, employers are required to accept any document from the employee's List of Acceptable Documents that establishes both their identity and work authorization. This allows employees to choose which documents to present, as long as they are on the list provided by the U.S. Citizenship and Immigration Services (USCIS).

To claim Section 530 status for their workers, employers must show that at least 50% of the industry treats these workers as independent contractors. Therefore, the correct answer is false because employers need to demonstrate that a significant segment of the industry classifies similar workers as independent contractors, not just 50% of the industry.

Multi-state employers must report a new hire to the state in which the employee works. This statement is false. Under the federal new hire reporting requirements, multi-state employers are actually required to report a new hire to the state in which the employee resides, not where they work. This is important because it helps states enforce child support orders and prevent fraudulent claims for public assistance.

If an employer fails to withhold social security and Medicare taxes from a worker it misclassifies as an independent contractor and does not file a form W-2 or a Form 1099 for that worker, the IRS may impose a penalty of 40% of the employee's share of social security and Medicare taxes. This penalty is imposed to ensure that employers properly classify their workers and fulfill their tax obligations.