SUBSCRIBE BY EMAIL

Your email:

PSC Blog Train

Current Articles | RSS Feed RSS Feed

Many Independent Contractor's Want Their Cake and Eat it Too.

  | Share on Twitter Twitter | Share on Facebook Facebook | Submit to Digg digg it |  Add to delicious  delicious |  Submit to StumbleUpon StumbleUpon |  Share on LinkedIn LinkedIn | Submit to Reddit reddit 

In continuing this weeks theme on insurances we are trying to help our readers understand what drives most individuals to classify their employment status as "Independent Contractors".  Now, we could write volumes on this topic but we will try and keep it succinct and to a couple of key points.

The most consistent reasons why we see the the classification of Independent Contractors selected are:

  1. The corporation is a legitimate entity that meets the IRS 20 Point Test and has a registered Federal Tax ID.
  2. The individual doesn't know how to classify themselves or register appropriately and erroneously select this status.
  3. The individual is aware that they do not meet the requirements but want to get the full tax benefits of being an Independent Contractor without having to meet the requirements and essentially decide to play tax Russian Roulette.

Time and time again we run into highly compensated Independent Contractors ($100/hr and up) who are misclassified as an Independent Corporation.  During an audit or compliance check they resist having to comply with the government statutes, deny culpability and create great resistance all in the effort to maximize their income despite the law.  Additionally, we have contractors who are on an annualized compensation that is above $200K who claim they cannot afford basic business insurance premiums.

Bottom line here.  We see a lot of Independent Contractors who are eating a lot of cake...

This is a controversial issue and we welcome your insights and thoughts on this topic.


Comments

Being an independent contractor charging the "highly over compensated $100 per hour" as you put it is not always the easiest way to earn a living.  
 
You seem to forget that there is no stability, no benefits and no employment insurance.  
 
Also keep in mind that some insurers do not want to insure independent contractors ( or want to charge an exorbitant amount ) for contractors that may take on contracts that assume more risk. 
 
Painting everyone with the same brush is just bad practice.
Posted @ Thursday, February 04, 2010 3:34 PM by Michele
Michele, 
 
Thanks for jumping on the PSC Train. I appreciate your position and having worked as and IC in my career, I understand. However, a couple of things to clarify.  
 
The word <b"over"b> was not used when describing contractor pay. I feel that everybody has the right to earn what is fair and reasonable for the expertise and work they perform. The statement in the text merely refers to <b"highly compensated"b> and I think $100/hr is a high compensation in any economy. 
 
The risks you take as an IC to work in your chosen line is exactly that, your choice. You could work for an organization that might, and I use "might" loosely, give you stability and would provide you with insurances. Also, depending on what country you are working, because I noticed the ".ca" on your email I am assuming you are in Canada, you have the benefit of national health-care to cover your insurance needs. 
 
If annual liability insurance premiums cost are $5K per year and you are on a $200K in revenue, we are looking at a business expense that is 2.5% of annual sales. Also, that expense is deductible from your business taxes. If you were to accidentally make a mistake and were uninsured, the company which experienced the damages, if legally granted, could take your personal assets to recover damages or their insurance company could if they paid out on those damages on the company's behalf, if they chose too. 
 
Lastly, the corporation, as you saw from the article, takes on a big risk by employing IC's who do not have insurances and are exposed to tax liabilities if the IC status is considered to be illegitimate by the government. 
 
With all this said, I am not trying to "paint all IC's with the same brush". Many of the IC's deployed carry insurances and renew them every year. What I am advocating is for both the contractor and the company's who use IC's protect themselves with basic insurances. This is a wise decision for all parties involved.
Posted @ Thursday, February 04, 2010 4:33 PM by Ted Weyn
Ted,  
 
Also having worked on both sides of the employment fence, I too see your position. However, sitting on the employers side as a supply chain professional there is always a risk assessment that needs to be taken into account. To decide to take the risk as an employer may also provide benefits. Sometimes the expertise of an individual is worth the risk. 
 
Not all independent contractors are in such a high income bracket as they choose to work less time but using very skilled expertise to earn their living. Perhaps the insurers could provide insurance at a reduced rate for those who choose to live a more balanced lifestyle without the big expense of a full time policy. 
 
Thanks for your response and thoughts these discussions are always thought provoking. 
 
Posted @ Friday, February 05, 2010 3:07 PM by michele
Michele, 
 
Your points are good and we never intend for any of our comments and/or opinions to be without exception. We know there are many levels of employment and positions. What we try to do is to present best practices and try to insure that all parties understand all perspectives. 
 
I agree these are always thought provoking and encourage you to come back and visit our site. We appreciate you taking the time to continue to share your opinions. 
 
Posted @ Saturday, February 06, 2010 8:35 PM by Ted Weyn
The concerns expressed on both sides are legitimate. Let us not forget though that IC's, to truly build a business, probably need to spend one day marketing their services for every 2 days worked. When also considering the costs of LTD and health insurance, the hourly rates begin to look a lot more reasonable. We all know the benefits to the corporation of having flexible workforces - all benefits are offset by risk in the system, and the IC absorbs that risk, which must be reflected in the rate in an entrepreneurial environment.
Posted @ Monday, February 08, 2010 1:53 PM by Howard Richman
Post Comment
Name
 *
Email
 *
Website (optional)
Comment
 *

Allowed tags: <a> link, <b> bold, <i> italics