Tax Loopholes Hurting Middle Class: OpEd by Durbin and Obama

[illinoisprogressive]

Every day, millions of working Americans go to their jobs, play by the rules and hope to make a decent living for themselves and their families. These workers strengthen our middle class and keep our economy going. In turn, the vast majority of American employers hold up their end of the bargain by treating their employees fairly.

But sadly, many working men and women are not being treated fairly because some businesses are using a little-known tax loophole to avoid paying their fair share. It's workers and American taxpayers who pay the price.


Here's how the Section 530 Safe Harbor in federal tax law works: By classifying a worker as an "independent contractor" instead of an "employee," an employer pays less in employment taxes and workers compensation, sometimes cutting costs by 30 percent. Misclassified workers have the employer's tax burden shifted onto them as if they were self-employed, meaning higher taxes for working-class Americans and a growing tax gap. These workers are also denied basic employee protections, such as workers compensation and overtime pay.

This week, we introduced legislation to close the loophole. The Independent Contractor Proper Classification Act of 2007 will allow the government to collect the taxes employers owe and will restore basic rights for workers. The legislation will also address the need for more enforcement of federal tax and employment laws to identify those employers in major industries that wrongly classify their workers.

The problem is real, and it's growing. A 2006 study of misclassified employees in Illinois found a $53.7 million loss of unemployment insurance taxes and a $149 million to $250 million loss of income tax. And in 2004, $97.9 million in workers compensation premiums were not paid properly. Studies in a number of other states have found similar losses.
http://www.suntimes.com/news/otherviews/558434,CST-EDT-loophole15.article

[prole_for_peace]

1. this really needs to be cracked down on.

i'm a tax accountant and i always have clients calling and asking me if they can change their employee(s) to contract. and i have to explain the rules to them: do they provide their own tools or equipment or do you provide a workspace and tools, equipment, computer, supplies, etc...? that is one of the simplest tests that seperates contract labor from an employee.