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IRS Reclassification Program: More Questions Than Answers

Business Management Daily (04/27/12)

The U.S. Internal Revenue Service allows employers to change the status of their workers from independent contractors to employees for future tax periods without being hit with penalties or interest under its Voluntary Classification Settlement Program. However, employers currently being audited by the IRS, the U.S. Department of Labor, or a state agency cannot participate in the VCSP. Employers have raised concerns about what constitutes a state-level audit and whether the six-year statute of limitations applies to an employer’s general payroll liability or just VCSP-related payroll liabilities. Paul Carlino of the IRS Office of Associate Chief Counsel says the IRS could apply the six-year statute of limitations to general payroll liability but does not intend to do so.