HomeConsultingForcing a contractor to go W2

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Forcing a contractor to go W2 — 2 Comments

  1. I don’t think your recruiter friend understands the IRS rules very well. In many cases more layers of middlemen are better for everyone. You can google around but there are various “tests” that determine if a worker is an independent contractor or an employee in the eyes of the IRS. Here is one pub: http://www.irs.gov/pub/irs-utl/emporind.pdf. Many businesses are insisting on their contractors being W-2’d via the recruiting firm because there is clearly less cause for worker reclassification if the worker is already getting a paycheck. The issue is that the IRS wants its employer portion of FICA any way it can get it. The business (contractee) doesn’t want another employee because FICA ain’t cheap. An independent contractor is *supposed* to pay his/her employer portion of FICA. Independent contractors have lots of “tricks” to ensure they pay as little FICA as possible, and I’m not going to enumerate them. they are legal. Unfortunately some contractors don’t pay themselves a “reasonable” salary, ie no FICA, which puts the contractor and the contractee under a potential spotlight. If you were the IRS trying to get your FICA, would you go after the contractor or the contractee? The contractee has the deeper pockets and the IRS can try to reclassify more workers in one fell swoop.

  2. No, a number of Banks have been forced by the government to require contractors to be W2. This is an attempt to squelch some underhanded doings by banks .. and the real contractors are paying the penalty. W2 on temp work is literally just throwing money out the window. All the write-offs go away and you can’t have a SEP IRA .. which allows up to 50K worth of PRE-TAX savings. W2 Contracts are for suckers.

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