Bill
Bill > HR6653
summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Independent Contractor Tax Fairness and Simplification Act of 2012 - Amends the Internal Revenue Code to set forth criteria for classifying a worker as an employee or an independent contractor. Prohibits: (1) any retroactive assessment of employment tax, except with respect to certain skilled workers, for tax periods after December 31, 1978, unless the employer had no reasonable basis for not treating a worker as an employee, and (2) the issuance, after the enactment of this Act, of Treasury regulations with respect to the employment status of any individual for purposes of the employment tax. Establishes safe harbor provisions upon which a service recipient or payor may rely in classifying a service provider as an independent contractor rather than as an employee where the service provider: (1) incurs significant financial responsibility for providing and maintaining equipment and facilities to perform work under a contract; (2) incurs unreimbursed expenses or risks income fluctuations because remuneration is directly related to sales or other output rather than solely to the number of hours actually worked or expenses incurred; (3) is compensated on factors related to the work performed and not solely on the basis of hours or time expended; and (4) substantially controls the means and manner of performing the contract services, the specifications of the service recipient or payor, and any additional contractual requirements.
AI Summary
This bill, the Independent Contractor Tax Fairness and Simplification Act of 2012, aims to clarify the distinction between employees and independent contractors for tax purposes. It prohibits retroactive assessments of employment taxes, which are taxes employers pay on wages, for periods after December 31, 1978, unless the employer had no reasonable justification for not treating a worker as an employee. The bill also prevents the Treasury Department from issuing new regulations on employment status for employment tax purposes after its enactment. To provide certainty, it establishes "safe harbor" provisions, meaning businesses can rely on these conditions to classify a worker as an independent contractor if the worker takes on significant financial responsibility for equipment, risks income fluctuations based on output rather than hours worked, is compensated based on work performed rather than solely on time, and substantially controls how the work is done. The bill also repeals Section 530 of the Revenue Act of 1978, which previously provided some relief for employers in employment tax disputes.
Committee Categories
Budget and Finance
Sponsors (1)
Last Action
Referred to the House Committee on Ways and Means. (on 12/12/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/house-bill/6653/all-info |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112hr6653ih/pdf/BILLS-112hr6653ih.pdf.pdf |
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