The Peck Group, LC
  • Comprehensive Tax Law Representation Since 1995

    We handle every aspect of tax law: preparing tax returns, representing clients during audits, resolving IRS and state tax controversies, and creating tax planning strategies for the future.

  • Problems With The IRS Or State Tax

    Our attorneys are committed to providing efficient and effective tax solutions for individuals and businesses in Georgia and nationwide.

  • Planning For The Future

    Our lawyers help individuals and businesses with all aspects of estate and tax planning. We help our clients use proactive strategies to minimize tax implications in the future

  • Changing The Balance Of Power

    Does it feel like the government has all the power? Taxpayers have rights, too. We use our knowledge of tax law to shift the balance of power and ensure that your rights are protected.

  • Tax Solutions … And Peace Of Mind

Is your business misclassifying workers?

You can generally classify people who provide services for your business as independent contractors or employees. How you classify each service provider depends on a number of factors, and there is not a simple checklist to determine whether a person is an employee or contractor.

Typically, the more control your business has over a worker, the more likely it is that the person is an employee.

    The IRS looks at how much independence the person has when it comes to:

    • Behavior - Does your company have the right to control what or how the worker does the job?
    • Financial - How is the worker paid? What type of expenses are reimbursed? Who provides the tools for the job?
    • Relationship - What type of relationship do you have with the worker? Does the worker have any type of benefits?

    Why is classifying workers correctly important?

    As an employer, classifying a worker as an independent contractor instead of an employee saves you money on taxes for that person. However, the IRS will hold your business liable for employment taxes if the worker is misclassified. There could be serious consequences for your business when you do not treat workers correctly for tax purposes.

    If you have workers who you have classified as independent contractors, make sure that you have classified them correctly. You can request the IRS review the business relationship by filing Form SS-8, which takes about six months for an answer. If you use independent contractors often, you should document carefully each factor for how your business determined the classification.

    Have an advocate when you deal with the IRS

    If the IRS has challenged your business's classifications of workers, you may want to discuss your situation with a business attorney before you proceed. Your business can work with the attorney to present the information and documentation to the IRS to find the best possible outcome for your case.

    No Comments

    Leave a comment
    Comment Information
    Email us for a Response

    Talk to an Attorney

    Bold labels are required.

    Contact Information

    The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


    Privacy Policy

    The Peck Group, LC
    5855 Sandy Springs Circle N.E., Suite 190
    Atlanta, GA 30328

    Phone: 770-884-6914
    Fax: 770-933-2369
    Atlanta Law Office Map

    Payment Cards