{"id":655,"date":"2013-08-20T13:21:16","date_gmt":"2013-08-20T13:21:16","guid":{"rendered":"\/temporary-employee-and-independent-contractor-tax-issues"},"modified":"2025-02-10T12:27:33","modified_gmt":"2025-02-10T20:27:33","slug":"temporary-employee-and-independent-contractor-tax-issues","status":"publish","type":"post","link":"https:\/\/www.irs.com\/en\/temporary-employee-and-independent-contractor-tax-issues\/","title":{"rendered":"Temporary employee and independent contractor tax issues"},"content":{"rendered":"<h3>How do temp employees file their taxes, and how do you know when you are an independent contractor?<\/h3>\n<p>&nbsp;<\/p>\n<p>The economy might be improving, but there are still a lot of people who are pasting together their financial obligations through temporary, part-time employment and work by contract. In the six months leading up to July, 2013, <a href=\"http:\/\/www.bls.gov\/web\/empsit\/ceshighlights.pdf\" target=\"_blank\" rel=\"noopener nofollow\">temporary staffing agencies<\/a> gained an average of 20,000 full-time equivalents on a monthly basis, which continued an upward trend that has been in place since the recession. Of course, 20,000 full-time equivalents could mean 30, 40, or 100,000 people being connected to part-time work via staffing agencies.<\/p>\n<p>Part-time employment and temp agencies are taking an increasingly permanent role in the job market, but many people do not know the difference between part-time and full-time employment \u2013 at least as it relates to their taxes. One important question is:<\/p>\n<p><strong>How will I file my taxes at year-end when I am working for a temp agency?<\/strong><br \/>\nThe IRS differentiates between independent contractors and employees, but full-time and part-time employees often treat their taxes in the same way. As any type of employee, your <a href=\"https:\/\/www.irs.com\/en\/how-estimate-where-you-stand-income-tax-withholding\/\" rel=\"noopener\">taxes will be withheld from your paycheck<\/a> and remitted by the business to the government. Your employer will also pay half your payroll taxes for you.<\/p>\n<p>When working through a staffing agency, you are considered an employee of the staffing agency. The business you are working for is considered a client of the staffing agency, and you are providing services to the client. You can expect to receive your W-2 stubs in January with the amount you have been paid by the staffing agency, just as you would for a full-time employer.<\/p>\n<p><a href=\"\/articles\/how-does-federal-insurance-contributions-act-fica-affect-my-taxes\" rel=\"noopener\">READ: How does the Federal Insurance Contributions Act affect my taxes?<\/a><\/p>\n<p>You might also work with a number of temp agencies and report multiple W-2s, but at least you do not need to file for each individual part-time gig.<\/p>\n<p><strong>When am I working by contract, and when am I part-time?<\/strong><br \/>\nBusinesses are required to perform a number of services for employees but have much less obligations to their contractors. But there are substantial penalties a business will face if it misreports a business relationship.<\/p>\n<p>An employer has the right to control or direct the means and methods of its employees, which lead to the end result of the work. With an independent contractor, a firm is only in control of the results of the work.<\/p>\n<p>For example, an employer dictates when employees can work from the office, whereas a business can only provide a deadline to an independent contractor.<\/p>\n<p><a href=\"\/articles\/what-do-if-irs-challenges-your-tax-returns\" rel=\"noopener\">READ: What to do if the IRS challenges your tax returns<\/a><\/p>\n<p>There are two exceptions to the contractor\/employee divide, and these are statutory employees and statutory nonemployees. If you are a:<\/p>\n<ol>\n<li>Driver<\/li>\n<li>Full-time life insurance agent<\/li>\n<li>Full-time salesperson<\/li>\n<li>Direct seller<\/li>\n<li>Licensed real-estate agent<\/li>\n<li>Companion sitter, providing personal attendance, companionship or household care<\/li>\n<\/ol>\n<p>Then you could be a statutory employee\/nonemployee. See <a href=\"http:\/\/www.irs.gov\/pub\/irs-pdf\/p15a.pdf\" target=\"_blank\" rel=\"noopener\">Publication 15-A<\/a>, page 5-6 for more details.<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>How do temp employees file their taxes, and how do you know when you are an independent contractor? &nbsp; The economy might be improving, but there are still a lot of people who are pasting together their financial obligations through temporary, part-time employment and work by contract. In the six months leading up to July, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":6939,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[14,16,39],"tags":[],"class_list":["post-655","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-job-and-business","category-income-taxes","category-tax-strategies"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/posts\/655","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/comments?post=655"}],"version-history":[{"count":2,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/posts\/655\/revisions"}],"predecessor-version":[{"id":9143,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/posts\/655\/revisions\/9143"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/media\/6939"}],"wp:attachment":[{"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/media?parent=655"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/categories?post=655"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.irs.com\/en\/wp-json\/wp\/v2\/tags?post=655"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}