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Using independent contractors can not only save a company
money, but it can also enable companies to explore higher
risk and higher return projects because the investment is
not as great. But the government has kept a cloud over the
use of independent contractors. This is causing many accountants
and some lawyers to recommend not using them at all, or outsourcing
overseas instead. This is not always the right solution.
Is just signing a contract enough? Not usually. But creating
a system that includes an analysis of your independent contractor
usage, well written contracts and procedures can help. This
system limits both the risk of an audit, and the odds of losing
the audit should one occur.
I have extensive experience in crafting just such systems.
I have successfully defended EDD audits in excess of $700,000
(that would have been close to a $7million IRS audit) and
have set up systems that have allowed our clients to win reassessment
appeals when others in their industries have lost all appeals.
I have a 90% success rate in defending EDD independent contractor
reassessment cases. This is because we are very realistic
and will not tell you that something is defendable if it’s
not.
If you have any concerns about your usage of independent
contractors, or you’d like to use them, but have been
told not to by others, please give me a call or drop me an
email to see if I agree. If you have an EDD reassessment petition
currently outstanding, definitely call now.
There are also many posts about independent contractor issues
on our weblog. |