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NEW GIG Act of 2019

USA116th CongressS-700| Senate 
| Updated: 3/7/2019
John Thune

John Thune

Republican Senator

South Dakota

Finance Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
New Economy Works to Guarantee Independence and Growth Act of 2019 or the NEW GIG Act of 2019 This bill establishes 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; 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, does not work primarily at the recipient's place of business, and provides tools or supplies); and the performance of the services under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy withholding and reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also (1) sets forth withholding and reporting requirements for service recipients who meet the requirements of the test, and (2) allows service providers to petition the U.S. Tax Court for a determination of employment status.
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Timeline
Mar 7, 2019

Latest Companion Bill Action

HR 116-1625
Introduced in House
Mar 7, 2019
Introduced in Senate
Mar 7, 2019
Read twice and referred to the Committee on Finance.
  • March 7, 2019

    Latest Companion Bill Action

    HR 116-1625
    Introduced in House


  • March 7, 2019
    Introduced in Senate


  • March 7, 2019
    Read twice and referred to the Committee on Finance.

Taxation

Related Bills

  • HR 116-1625: NEW GIG Act of 2019
Contracts and agencyEmployment taxesSelf-employedTax administration and collection, taxpayersWages and earnings

NEW GIG Act of 2019

USA116th CongressS-700| Senate 
| Updated: 3/7/2019
New Economy Works to Guarantee Independence and Growth Act of 2019 or the NEW GIG Act of 2019 This bill establishes 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; 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, does not work primarily at the recipient's place of business, and provides tools or supplies); and the performance of the services under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy withholding and reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also (1) sets forth withholding and reporting requirements for service recipients who meet the requirements of the test, and (2) allows service providers to petition the U.S. Tax Court for a determination of employment status.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 7, 2019

Latest Companion Bill Action

HR 116-1625
Introduced in House
Mar 7, 2019
Introduced in Senate
Mar 7, 2019
Read twice and referred to the Committee on Finance.
  • March 7, 2019

    Latest Companion Bill Action

    HR 116-1625
    Introduced in House


  • March 7, 2019
    Introduced in Senate


  • March 7, 2019
    Read twice and referred to the Committee on Finance.
John Thune

John Thune

Republican Senator

South Dakota

Finance Committee

Taxation

Related Bills

  • HR 116-1625: NEW GIG Act of 2019
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Contracts and agencyEmployment taxesSelf-employedTax administration and collection, taxpayersWages and earnings