Ask Reggi Your Question Now
Can I hire employees as independent contractors to save money on taxes in Texas? What are the requirements?
Based on the additional documents provided, here is an updated response to your query:
Can I hire employees as independent contractors to save money on taxes in Texas? What are the requirements?
According to the Texas Workforce Commission, hiring employees as independent contractors to save money on taxes in Texas is not recommended [5.1]. The Texas Workforce Commission uses specific guidelines to determine whether an individual is an employee or an independent contractor. These guidelines include the extent of control the employer has over the details of the work, whether the worker is engaged in an occupation or business distinct from that of the employer, the degree of skill required for the work, and other factors [5.1].
However, there are some situations where independent contractors may be authorized to participate in a deferred compensation plan and treated as an employee of the political subdivision creating the plan [2.1]. Additionally, a foreign or alien captive insurance company redomesticating from another jurisdiction may request that the commissioner postpone or waive the imposition of any tax or fee under the Insurance Code for a period not to exceed two tax reporting years from the date of redomestication [4.1].
It is important to note that concerns organized under the Electric Cooperative Corporation Act are not liable for the tax levied by the Texas Tax Code, §182.022 [6.1]. Furthermore, a plan administrator shall develop and implement criteria and procedures for evaluating a vendor’s application to become a qualified vendor [2.2].
In conclusion, while there are some situations where independent contractors may be authorized to participate in a deferred compensation plan and treated as an employee of the political subdivision creating the plan, hiring employees as independent contractors to save money on taxes in Texas is not recommended. The Texas Workforce Commission uses specific guidelines to determine whether an individual is an employee or an independent contractor, and independent contractors may not be eligible for retirement benefits [5.1].
Source(s):
- [2.1] PARTICIPATION OF INDEPENDENT CONTRACTORS.
- [4.1] Waiver of Taxes
- [5.1] Employment Status: Employee or Independent Contractor
- [6.1] Concerns Exempt from Tax–Gas, Electric Light, Power, or Water Works
- [2.2] EVALUATION AND APPROVAL OF QUALIFIED VENDOR.
Jurisdiction
Texas