04/11/2013
June 30 deadline approaches for VCSP TEE worker classification program
The IRS recently expanded its Voluntary Classification Settlement Program (VCSP) for employers that agree to reclassify their workers as employees for future pay periods. The expansion of the VCSP, first announced in 2012, is intended to make the VCSP available to more employers, including employers that have not filed the requisite Forms 1099 for their workers.
The VCSP Temporary Eligibility Expansion (VCSP TEE), the IRS reminded employers, is scheduled to end June 30, 2013. The regular VCSP, limited to employers that have filed all required Forms 1099 for the workers for the previous three years, has no scheduled termination date. Both VCSPs provide partial relief from past employment tax penalties in return for becoming and staying compliant. Once a business is under audit by the IRS for employment tax issues, however, the opportunity to qualify for a VCSP ends.
Background
The IRS launched the VCSP in 2011 as a voluntary program for employers to reclassify their workers as employees for employment tax purposes for future tax periods. To participate, an employer must have consistently treated the workers as independent contractors or other nonemployees, and must have filed all required Forms 1099 for the workers for the previous three years. In exchange, the IRS offered partial relief from federal employment taxes.
Employers that have not filed the required Forms 1099, however, may be accepted into the VCSP TEE if they agree to prospectively treat workers as employees for future pay periods. Employers also agree to pay 25 percent of the employment tax liability that would have been due on compensation paid to the workers for the most recent tax year, determined under the reduced rates of Code Sec. 3509(b).
Additionally, employers must furnish to the workers, and electronically file, all required Forms 1099 for the workers being reclassified for the previous three years, prior to executing the VCSP TEE closing agreement with the IRS. Employers also are required to pay a reduced, graduated penalty for unfiled Forms 1099 for the previous three years, for the workers being reclassified.
Under the VCSP TEE, the penalty for unfiled Forms 1099 is graduated. The maximum penalty is $500 for failure to file 1 to 25 forms; $3,675 for failure to file 26 to 49 forms; and $10,000 for failure to file 50 or more forms.
Application and Form 8952
Employers applying to enter the VCSP must file Form 8952, Application for Voluntary Classification Settlement Program (VCSP). Employers may also use Form 8952 to apply to participate in the VCSP TEE, provided they submit their application on or before June 30, 2013, the IRS explained. If you think your business might benefit from the VCSP or VCSP TEE programs, please contact this office for further details. 7183900555 or 2123491200