How Independent Contractors Make More Money for Everyone
by Bill Rounds
How to Vanish
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Money
is one of the biggest ways that we lose privacy. We must report
our income and where it comes from for tax purposes. Our banking
records are monitored and our identities vigorously identified.
Employees
and employers must reveal vast amounts of information to state
and federal labor regulators and tax collectors.
Whenever information
is disclosed, even if it is to bureaucrats, there is a huge risk
of abuse, accidental
disclosure and fraud.
Plus, the employee-employer relationship has become a cash cow for
governments. Employees and employers are low hanging fruit for taxes,
fees and regulations because they are easy
to monitor, record, control and collect from. Both employers
and employees must share a piece of their economic pie with state
and federal government officials, increasing the costs to businesses
and lowering the benefit received by employees. Governments impose
these costs and regulations to take care of employees and employers,
whether they want to be taken care of or not.
There is a
way for both workers and businesses to free themselves of many of
these burdens, reduce costs, keep more money and protect
their privacy. Becoming an independent contractor instead of
being an employee, or hiring independent contractors instead of
employees, does all of that and reduces the amount of regulation
that must be complied with, reduces legal risks, and can reduce
taxes for both. This means there are more resources to share between
workers and firms.
Employees
Suffer
Even though
most of government regulation claims to protect employees, it has
had the opposite effect. The marketplace changes much faster than
government regulation. Government regulation is designed for a business
world that existed 50 years ago. There is no way that regulation
by a slow moving, democratic government that has to make weekend
deals just to keep from being shut down can keep pace with a 21st
century information age economy.
Healthcare
has been designed around a system where employees work at the same
company for most of their life. Today, the average worker will change
jobs many times in their lifetime. Minimum wage and overtime pay
was formulated when there was no competition from overseas labor.
Even the way that companies account for and fund their benefits
and pensions
makes them extremely expensive for employees with diminishing
value. One of the worst parts of all is that employees have little
control over the taxes they pay.
Employees
Have Little Control Over Their Own Life
There is no
doubt that some of these protections benefited employees overall
at one time. Some may even be helpful today. But an employee has
no choice whether they want to participate in these systems, even
if they could get the same benefits elsewhere for less. Employees
have no control over their economic life.
Control over
your own economic life is valuable, not only in terms of mental
health and a feeling of self worth and independence, but also economically.
Something as simple as being able to control more of the taxes you
pay can have a dramatic impact on your financial well being.
How A Worker
Can Pay $0 In Federal Income Taxes
The Wall
Street Journal recently did a case study showing how an
independent contractor can earn $150,000 in gross earnings in a
year, take a few very common tax deductions, and have a federal
income tax liability of $0.
Here's how
it breaks down:
$150,000 income
as a self employed independent contractor.
–$7,000
business start up expenses ($10,00 max first year, $5,000 in subsequent
years)
–$10,000
legitimate business expenses
–$9,500
Medicare and Social Security tax (half of $19,000 paid)
–$43,100
401k contribution (you deduct both employee and employer portion)
–$10,000
IRA contribution ($5,00 for you, $5,000 for a spouse)
–$10,000
state and local taxes (estimated)
–$10,000
mortgage interest
–$10,000
health insurance premiums
–$6,150
Health Savings account
–$2,500
interest on student loan
–$4,000
kid's college tuition
–$1,500
tax credits (buy hybrid vehicle, install solar panels, etc.)
–$200
Lifetime Earning Credits (community college class)
= tax liability
of $0 on $150,000 income.
Independent
Contractors Pay Less Taxes Than Employees
This entire
strategy is premised on a very important issue. To take advantage
of these huge tax
benefits you cannot be a regular employee. You can take advantage
of every one of these tax
benefits as an independent contractor. A regular employee would
pay taxes on close to the full amount of that $150,000 of income.
Employers
Pay Extremely High Labor Costs
Employees cost
their employers a lot more than their hourly wage. Unemployment
tax, ERISA, and Medicare costs alone are 15% of the total salary
paid to employees. Employers also pay an average of $7,500
per employee in health insurance every year, something required
when the firm has 50 or more employees.
High Administrative
Costs And Risks For Employers
On top of these
direct costs, there are numerous other regulations that must be
complied with, even if it does not make economic sense. Employers
are required to give family leave under certain circumstances, have
detailed record
keeping requirements, and many other things that raise the cost
of having employees and decrease profitability, without actually
paying workers more.
Employers are
also exposed to lots of litigation risk. Whether it is an employee
discrimination suit, failing to comply with regulation, harassment,
overtime, even a conscientious employer can find themselves in an
expensive, often frivolous, lawsuit. A lot of these costs and regulations
are preventing businesses from hiring employees.
Independent
Contractors Reduce Labor Costs And Increase Productivity
Businesses
can still get the work done that they need to get done without incurring
these huge costs by hiring independent contractors instead of employees.
Independent contractors are also easier to train, more productive
and provide a lot of flexibility in changing economic times.
IRS Scrutiny
These economic
benefits have attracted a lot of workers and firms to try independent
contractors instead of employees, but beware. The IRS and the Department
of Labor have begun
cracking down on those who do it wrong. Doing it wrong could
mean having to pay back taxes and interest owed, or even paying
penalties or overtime.
Follow The
IRS 20 Factor Test
There is a
way to do it right. The IRS has a 20
factor test that they use to determine if the worker is an employee
or an independent contractor. This list is very fact specific and
the weight given to every factor will depend on what other factors
may reveal.
Independent
Contractor Should Control Their Own Work
One of the
most important things to consider is the amount of control that
the firm has over the worker. An independent contractor will have
control over their schedule and how they perform the work. The firm
will control what they want the outcome or finished product to be.
Suggestions are permitted but they must be suggestions. This is
becoming much easier with the ability to work remotely over the
internet.
Independent
Contractor Can Do Work For Others At The Same Time
Another important
factor is that the independent contractor is free to do work for
others as well. This can be a critical factor that the IRS or Department
of Labor look at. It is much better if the independent contractor
is doing jobs for other clients, or at least advertising in places
like Craigslist for other clients.
Independent
Contracting Is A Win-Win
Independent
contractors allow workers and firms to share more money between
themselves. The government is entitled to much less of the money
that flows from firms to independent contractors than employers
and employees. Businesses become more profitable, individuals keep
more money and everyone increases their privacy. Independent contractors
can also have more control over their tax
domicile, a more advanced but much more powerful tax saving
strategy.
Conclusion
This is only
scratching the surface of how to properly take advantage of this
powerful strategy. Secrets
of Independent Contractors, from HowToVanish.com is a simple
and complete guide to help businesses and workers properly structure
their relationship so they can take advantage of the huge tax savings.
Reprinted
with permission from How to
Vanish.
April
28, 2011
Bill
Rounds, J.D. is a California attorney. He holds a degree in Accounting
from the University of Utah and a law degree from California
Western School of Law. He practices civil litigation, domestic
and foreign business entity formation and transactions, criminal
defense and privacy law. He is a strong advocate of personal and
financial freedom and civil liberties.
Copyright
© 2011 How
to Vanish
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