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Business Tax IssuesHIGH URGENCY

IRS Worker Classification Audit? We Defend Your Position

The IRS claims your contractors are employees. We navigate SS-8 determinations and negotiate the best outcome.

Critical Deadline

30 days to respond to audit findings or determination

Note: Strategy Sessions require a $250 analysis fee, applied 100% toward your final service.

(512) 260-5837

Understanding Worker Classification

An employee vs. contractor (worker classification) audit occurs when the IRS challenges your treatment of workers as independent contractors, claiming they should have been classified as employees. If the IRS reclassifies workers, you could owe years of back employment taxes (Social Security, Medicare, federal unemployment), plus penalties and interest. This often happens when workers file SS-8 forms or the IRS identifies patterns during other audits.

IRS Authority: IRC § 3401, IRC § 3121, Rev. Proc. 85-18

What Happens If You Don't Act

Back employment taxes for multiple years
Failure to deposit penalties (up to 15%)
Interest on unpaid employment taxes
Potential TFRP assessment against owners
Required reclassification of similar workers
State tax implications mirroring federal findings

How The Tax Pro Advisor Resolves This

Helping Austin and Leander business owners resolve worker classification issues with proven strategies and direct IRS representation.

1Prepare comprehensive response to SS-8 inquiry
2Document behavioral and financial control factors
3Demonstrate proper contractor relationship evidence
4Apply Section 530 relief when available
5Negotiate Classification Settlement Program (CSP)
6Minimize tax impact if reclassification occurs

IRS Forms & Documents We Prepare

Response to SS-8 DeterminationDocumentation of contractor relationshipsSection 530 Relief RequestForm 941-X (Amended Employment Return)Appeals Request

Frequently Asked Questions

What is an employee vs. contractor audit?

It's an IRS examination of whether workers you treated as independent contractors (1099) should have been classified as employees (W-2), potentially resulting in back employment taxes, penalties, and interest.

How long do I have to respond to a classification audit?

You typically have 30 days to respond to initial inquiries, SS-8 determinations, or audit findings. Timely response is critical to preserve appeal rights and negotiate favorable outcomes.

Can I settle this for less than I owe?

Yes. Section 530 relief can eliminate liability entirely if you meet requirements. The Classification Settlement Program (CSP) offers reduced tax liability. We pursue the best available reduction.

Don't Wait Until It's Too Late

The longer you wait, the fewer options you have. Get a free, confidential consultation to understand your situation and next steps.

Note: Strategy Sessions require a $250 analysis fee, applied 100% toward your final service.

Ready to protect your business from IRS and payroll tax issues?

Schedule a consultation to review your situation and options.

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