Private Practice Hiring 1099 vs W2: Let’s Learn the Law

As a W-2 employee, your employer takes care of withholding taxes from your paycheck and pays their portion of Social Security and Medicare taxes on your behalf. They also provide you with a W2 form at the end of the year, summarizing your income and tax withholdings. As an employee, you may be eligible for benefits like health insurance, retirement plans, and paid time off, depending on your employer's policies.

W2 turns out to be more expensive for the employer (that's YOU practice owner) because you are taking care of withholding and paying these taxes and benefits.

What are the deciding factors when it comes down to a private practice hiring 1099 vs W2?

The difference boils down to categories defined by the IRS.

There are specific guidelines set by the IRS to determine whether a worker should be classified as an employee (W2) or an independent contractor (1099). These guidelines consider factors such as:

• The level of control the employer has over the work
• The degree of independence of the worker
• The nature of the working relationship

What if my employer gives me a 1099 instead of a W2?

It's worth noting that employers can sometimes misclassify workers, either unintentionally or deliberately, to avoid certain obligations and costs associated with hiring employees.

Here's what you need to know.

If you believe you've been misclassified and should be treated as an employee rather than an independent contractor, it's essential to address the situation. You can start by discussing your concerns with your employer and seeking clarification on why they classified you as a 1099 worker. If you still believe the classification is incorrect, you can reach out to the appropriate authorities, such as your state labor board or the IRS, to report the issue and seek guidance on how to proceed.  If you have concerns or questions, it's always a good idea to seek professional advice from an accountant, attorney, or relevant employment authority to better understand your rights and options.

It's important to understand that misclassification can have significant consequences, both for you and your employees.

So it turns out the debate about private practice hiring 1099 vs W2 isn't really a debate after all. The IRS has already decided for you. What you want and what is convenient have very little to do with how workers are categorized. Remember, knowledge is power. The IRS website and the 20 factor test pdf can help you stay informed about employment status and classification, protect your rights, and make good decisions when it comes to private practice hiring.

Action items:

• Mark your calendar for the Thursday 30 Live quick training at 9:30 CST over on the Texas Counselors Creating Badass Businesses Facebook page
• Join the conversation on Instagram by using the hashtag #counselorsdontquit and tagging Kate