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Question

I have a seasonal business & I have help that works anywhere from 10-4 days. I pay them a 1099 b/c it is easier for me that way.   My problem is that since they do not use a time clock, they use a sign in sheet. Our hours are usually 8 AM - midnight during the peak season. This year, many signed in w/hours such as: 10:45- 8:30, or 9:15-9:30. How do I compute these hours? I have in the past used #.5 for the half hour, how do I do the quarter past & quarter til hours?

Submitted: 138 days and 4 hours ago.
Category: Finance
Value: $9
Status: CLOSED
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Posted by ElrondCT 138 days and 3 hours ago.

Answer

Why is it a problem to use .25 for a quarter hour (.75 for 3/4 of an hour)? So 10:45-8:30 would be 9.75 hours.

 

However, I have to warn you that you are probably violating tax and employment law by treating these people as 1099 contractors rather than W2 employees. By doing so, you are exposing yourself to sizable penalties from both the IRS and your state tax and employment jurisdictions (the latter for unemployment compensation taxes, among other things). The IRS has a series of 20 questions that it asks to determine if people are legitimately independent contractors, whose compensation is reported on Form 1099 with no withholdings, or employees, whose compensation is reported on Form W2 with withholdings for personal income tax, Social Security, Medicare, and unemployment. If you are found to have treated people improperly as 1099 contractors, you can be liable for the full withholdings (both your and their share), with penalties and interest. I appreciate the paperwork hassle, but "it is easier for me" is not a valid excuse for the IRS, and the penalties can be hefty.

 

You can see the list of 20 questions at http://www.chancellor.com/compliance/20q.html. You can get an official IRS determination by filling out the form at http://www.irs.gov/pub/irs-pdf/fss8.pdf

137 days ago.

Reply

Thank you for the heads up, I will check out the site & determine if I need to change anything. I get around 10-20 helpers during peak time. They make their own hours, they know what time my business is open & they show up. Sometimes I don't need any help so I let them know that I'm good for that day, especially if there is bad weather. I am unable to call them in when I need them, because most of them have summer school,college or other jobs. There is no such thing as a set schedule. We don't have meetings. Most of them have worked the previous season. I provide water & lunch b/c your never sure if there will be work that day so if they do show up & there is work, I cover the cost of take out food & provide water or sodapop. We don't have bathrooms, we use portapotties. I pay hourly but only once, which is right after the season. Some have 15 hours & some acumulate up to 100 hours during the 10 weeks of peak-time season. I usually pay cash. Some prefer to take their hours in product. I am thankful that you suggested the link & I will make sure to see if I'm breaking any tax laws which was never my intention.

Accepted Answer

Sorry about the slow response; there were some internal problems that prevented me from posting a response before now.

 

Does .25 for the quarter hour work for you, to get back to the original question you asked?

 

It's certainly an unusual business setup that you have. The fact that your helpers are setting their own hours would be a factor in favor of 1099. There are other factors, though, that would tend to point toward W2--they're working at your site, under your direction (& training?), paid by the hour, for an indefinite length of time, probably not doing similar work for someone else. The biggest disadvantage of that is, of course, that you would have to pay Social Security, Medicare, and unemployment taxes on their wages. More information directly from the IRS is available by getting Publication 15-A at http://www.irs.gov/pub/irs-pdf/p15a.pdf. There's a whole section in the publication on "Employee or Independent Contractor?"

 

Sorry to be opening up a can of worms for you! But the penalties for getting caught later can be really painful.

Expert: ElrondCT
Pos. Feedback: 100.0 %
Accepts: 
Answered: 7/11/2009

VITA tax preparer; investor

Developer of accounting software, tax preparer in IRS VITA program; 20 years of investing experience

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