IRS Updates Voluntary Classification Settlement Program FAQ | Practical Law

IRS Updates Voluntary Classification Settlement Program FAQ | Practical Law

The IRS updated its Frequently Asked Questions page on the Voluntary Classification Settlement Program (VCSP). The VCSP allows employers to voluntarily reclassify current non-employees as employees and is meant to increase tax compliance and improve certainty among employers, employees and the government.

IRS Updates Voluntary Classification Settlement Program FAQ

Practical Law Legal Update 5-515-1369 (Approx. 3 pages)

IRS Updates Voluntary Classification Settlement Program FAQ

by PLC Labor & Employment
Published on 02 Dec 2011USA (National/Federal)
The IRS updated its Frequently Asked Questions page on the Voluntary Classification Settlement Program (VCSP). The VCSP allows employers to voluntarily reclassify current non-employees as employees and is meant to increase tax compliance and improve certainty among employers, employees and the government.
The IRS recently added several more questions and answers to its Voluntary Classification Settlement Program (VCSP) Frequently Asked Questions page. The VCSP program allows employers to voluntarily and prospectively reclassify non-employee workers as employees at a lower settlement amount in exchange for restricted employment tax audit activity. In the additional questions, the IRS states that:
  • It will not share data on VCSP applicants with the DOL and state agencies.
  • Applying to the VCSP will not automatically open an employer to an audit.
  • It will allow employers to apply to the program even after the IRS contacted the employer on an SS-8 determination letter.
For more information on proper worker classification and related federal and state law issues, see Practice Note, Independent Contractor Classification.