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Maryland Contractors & Landscapers


Employee - Independent Contractor Classification (SB 909)

  • Applies to construction and landscaping businesses - for now.
  • Creates presumption that work performed by an individual paid by an employer creates an employee classification (not contractor).
  • Investigation procedures and penalties for non-compliance.
  • Labor and industry classifications, workers' compensation coverage, and SUTA.
  • Note implications for state unemployment tax (but see DLLR's current "ABC test").
  • Note possible implications for income tax withholding (the comptroller's office is to use its own rules).
  • Note differences between this bill and ABC test and IRS classification criteria.

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