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To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers.

USA115th CongressHR-3396| House 
| Updated: 7/25/2017
Erik Paulsen

Erik Paulsen

Republican Representative

Minnesota

Cosponsors (1)
Elise M. Stefanik (Republican)

Ways and Means Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses or risks income fluctuations; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, which can be home or mobile-based, or bears financial responsibility for the equipment used to provide the service); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also sets forth: (1) reporting requirements for service recipients who meet the requirements of the test, and (2) procedures for the reclassification of employment status by the Internal Revenue Service.
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Timeline
Jul 25, 2017
Introduced in House
Jul 25, 2017
Referred to the House Committee on Ways and Means.
  • July 25, 2017
    Introduced in House


  • July 25, 2017
    Referred to the House Committee on Ways and Means.

Taxation

Related Bills

  • S 115-1549: A bill to amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
  • HR 115-4165: To amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
Contracts and agencySelf-employedTax administration and collection, taxpayersWages and earnings

To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers.

USA115th CongressHR-3396| House 
| Updated: 7/25/2017
This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses or risks income fluctuations; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, which can be home or mobile-based, or bears financial responsibility for the equipment used to provide the service); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also sets forth: (1) reporting requirements for service recipients who meet the requirements of the test, and (2) procedures for the reclassification of employment status by the Internal Revenue Service.
View Full Text

Suggested Questions

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Timeline
Jul 25, 2017
Introduced in House
Jul 25, 2017
Referred to the House Committee on Ways and Means.
  • July 25, 2017
    Introduced in House


  • July 25, 2017
    Referred to the House Committee on Ways and Means.
Erik Paulsen

Erik Paulsen

Republican Representative

Minnesota

Cosponsors (1)
Elise M. Stefanik (Republican)

Ways and Means Committee

Taxation

Related Bills

  • S 115-1549: A bill to amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
  • HR 115-4165: To amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Contracts and agencySelf-employedTax administration and collection, taxpayersWages and earnings