US HB6653 | 2011-2012 | 112th Congress

Status

Sponsorship: Partisan Bill (Republican 1)
Status: Introduced on December 12 2012 - 25% progression, died in committee
Action: 2012-12-12 - Referred to the House Committee on Ways and Means.
Pending: House Ways And Means Committee
Text: Latest bill text (Introduced) [PDF]

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.

Tracking Information

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Title

Independent Contractor Tax Fairness and Simplification Act of 2012

Sponsors


History

DateChamberAction
2012-12-12HouseReferred to the House Committee on Ways and Means.

Same As/Similar To

HB4123 (Related) 2012-03-01 - Referred to the House Committee on Ways and Means.
SB2145 (Related) 2012-03-01 - Read twice and referred to the Committee on Finance.

Subjects


US Congress State Sources


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