Employee vs. Subcontractor

If you are a small non profit with just a few part time employees you may be considering reclassifying the employees as subcontractors to cut down on the payroll filing hassles. Be careful though, the IRS has guidelines as to who is an employee and who is a subcontractor. Generally a subcontractor is someone who you can only direct the results of the work, not the way the work is accomplished. The IRS provides more detail at www.irs.gov in Publication 15A Section 2: Employee or Independent Contractor? There they list ten main criteria to consider when deciding if someone is an employee or a subcontractor. These criteria include where and when the work is performed; if the person uses their own supplies to do the job; or the organization’s supplies; and if the person performs the same work for other organizations. It is important to carefully review the criteria and if you decide that someone is a subcontractor to document the reasons why. If the IRS decides they are actually an employee, the organization could face penalties.