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Falsifying Employee Status

Orlando Tax Crime Defense Attorneys

One aspect of tax fraud that the government prosecutes with extraordinary vigor is the falsifying of employee status in order to evade withholding taxes, Social Security and Medicare. Specifically, companies that improperly classify their employees as "independent contractors" not only fail to collect and pay over taxes to the IRS, but also may be defrauding workers' compensation companies.

When prosecuting cases of this kind, the federal government will not only seek to collect from an employer the contribution it was supposed to make on behalf of the employee for Medicare and Social Security, but the contribution and taxes that the employee was supposed to pay, as well as the taxes which should have been withheld. The government may also prosecute for the failure to collect and pay over taxes, Social Security and Medicare withholding, even when workers are properly classified as employees. Section 7202 of the tax code makes this type of tax fraud a felony, punishable by up to $10,000 in fines and five years in prison.

Defense Against Falsified Employee Status Charges

There are many factors that go into determining whether a worker is an employee or a contractor, including:

  • The degree of control the company has over the individual's results and the means of obtaining these results
  • The amount of training the individual requires for the job
  • The length of the continuing relationship between the individual and the company
  • The location from which the individual works
  • Whether the individual has to supply the tools of the trade

There is a degree of latitude and an element of interpretation of the factors which determine whether the worker is an employee or an independent contractor. Our Orlando criminal defense lawyers have experience working with these factors to establish that the misrepresentation was a matter of mistake rather than a willful violation of the legal requirements.

Contact Our Orlando Lawyers for a Consultation

If you have been accused of falsifying an employee status, call an attorney from the Law Offices of Horwitz & Citro, P.A., at (407) 901-5852 or fill out our online form.

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