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Www onlinetaxes h&rblock com Publication 598 - Introductory Material Table of Contents What's New Introduction Useful Items - You may want to see: What's New Federal tax deposits must be made by electronic funds transfer. Www onlinetaxes h&rblock com Beginning January 1, 2011, you must use electronic funds transfer to make all federal tax deposits. Www onlinetaxes h&rblock com Forms 8109 and 8109-B, Federal Tax Deposit Coupon, cannot be used after 2010. Www onlinetaxes h&rblock com See Federal Tax Deposits Must be Made by Electronic Funds Transfer on page 3. Www onlinetaxes h&rblock com For large corporations, special rules apply for estimated tax payments that are required to be made for the period that includes July, August, or September of 2012, and the period that immediately follows these months. Www onlinetaxes h&rblock com See the instructions for line 12 on the 2012 Form 990-W (Worksheet), Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations. Www onlinetaxes h&rblock com The maximum cost of a low-cost article, for organizations eligible to receive charitable contributions, was increased to $9. Www onlinetaxes h&rblock com 70 for 2011. Www onlinetaxes h&rblock com See Distribution of low-cost articles on page 8. Www onlinetaxes h&rblock com The annual limit on associate member dues received by an agricultural or horticultural organization not treated as gross income was increased to $148 for 2011. Www onlinetaxes h&rblock com See Exception under Dues of Agricultural Organizations and Business Leagues on page 10. Www onlinetaxes h&rblock com The IRS has created a page on IRS. Www onlinetaxes h&rblock com gov that includes information about Pub. Www onlinetaxes h&rblock com 598 at www. Www onlinetaxes h&rblock com irs. Www onlinetaxes h&rblock com gov/pub598. Www onlinetaxes h&rblock com Introduction An exempt organization is not taxed on its income from an activity substantially related to the charitable, educational, or other purpose that is the basis for the organization's exemption. Www onlinetaxes h&rblock com Such income is exempt even if the activity is a trade or business. Www onlinetaxes h&rblock com However, if an exempt organization regularly carries on a trade or business not substantially related to its exempt purpose, except that it provides funds to carry out that purpose, the organization is subject to tax on its income from that unrelated trade or business. Www onlinetaxes h&rblock com This publication covers the rules for the tax on unrelated business income of exempt organizations. Www onlinetaxes h&rblock com It explains: Which organizations are subject to the tax (chapter 1), What the requirements are for filing a tax return (chapter 2), What an unrelated trade or business is (chapter 3), and How to figure unrelated business taxable income (chapter 4). Www onlinetaxes h&rblock com All section references in this publication are to the Internal Revenue Code. Www onlinetaxes h&rblock com Useful Items - You may want to see: Publication 557 Tax-Exempt Status for Your Organization Form (and Instructions) 990-T Exempt Organization Business Income Tax Return See chapter 5 for information about getting these publications and forms. Www onlinetaxes h&rblock com Comments and suggestions. Www onlinetaxes h&rblock com   We welcome your comments about this publication and your suggestions for future editions. Www onlinetaxes h&rblock com   You can write to us at: Internal Revenue Service Individual Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. Www onlinetaxes h&rblock com NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Www onlinetaxes h&rblock com Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Www onlinetaxes h&rblock com   You can email us at taxforms@irs. Www onlinetaxes h&rblock com gov. Www onlinetaxes h&rblock com Please put “publications Comment” on the subject line. Www onlinetaxes h&rblock com You can also send us comments from www. Www onlinetaxes h&rblock com irs. Www onlinetaxes h&rblock com gov/formspubs/, select “Comment on Tax Forms and Publications” under “Information about. Www onlinetaxes h&rblock com ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Www onlinetaxes h&rblock com Prev  Up  Next   Home   More Online Publications
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Www onlinetaxes h&rblock com It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors. Www onlinetaxes h&rblock com Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. Www onlinetaxes h&rblock com Select the Scenario that Applies to You: Www onlinetaxes h&rblock com I am an independent contractor or in business for myself Www onlinetaxes h&rblock com If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. For more information on your tax obligations if you are self-employed (an independent contractor), see our Self-Employed Tax Center. Www onlinetaxes h&rblock com I hire or contract with individuals to provide services to my business Www onlinetaxes h&rblock com If you are a business owner hiring or contracting with other individuals to provide services, you must determine whether the individuals providing services are employees or independent contractors. Follow the rest of this page to find out more about this topic and what your responsibilities are. Www onlinetaxes h&rblock com Determining Whether the Individuals Providing Services are Employees or Independent Contractors Www onlinetaxes h&rblock com Before you can determine how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services. The person performing the services may be - Www onlinetaxes h&rblock com An independent contractor Www onlinetaxes h&rblock com An employee (common-law employee) Www onlinetaxes h&rblock com A statutory employee Www onlinetaxes h&rblock com A statutory nonemployee Www onlinetaxes h&rblock com In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered. Www onlinetaxes h&rblock com Common Law Rules Www onlinetaxes h&rblock com Facts that provide evidence of the degree of control and independence fall into three categories: Www onlinetaxes h&rblock com Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job? Www onlinetaxes h&rblock com Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) Www onlinetaxes h&rblock com Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? Www onlinetaxes h&rblock com Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another. Www onlinetaxes h&rblock com The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination. Www onlinetaxes h&rblock com Form SS-8 Www onlinetaxes h&rblock com If, after reviewing the three categories of evidence, it is still unclear whether a worker is an employee or an independent contractor, Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status. Www onlinetaxes h&rblock com Be aware that it can take at least six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form SS-8 (PDF).