Frequently Asked Questions
Who is eligible for the Tax Court Redetermination of Worker Classification?
Available to persons for whom services are performed when the IRS determines during an audit that workers are employees or that the taxpayer is not entitled to Section 530 relief.
How does the Tax Court Redetermination of Worker Classification work?
Allows a business to challenge an IRS determination that workers are employees rather than independent contractors in Tax Court before paying the assessed employment taxes.
What law authorizes the Tax Court Redetermination of Worker Classification?
The Tax Court Redetermination of Worker Classification is authorized under IRC §7436 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §7436
Source: Internal Revenue Code, Title 26, United States Code
§ 7436. Proceedings for determination of employment status(a) Creation of remedyIf, in connection with an audit of any person, there is an actual controversy involving a determination by the Secretary as part of an examination that—(1) one or more individuals performing services for such person are employees of such person for purposes of subtitle C, or
(2) such person is not entitled to the treatment under subsection (a) of section 530 of the Revenue Act of 1978 with respect to such an individual,
upon the filing of an appropriate pleading, the Tax Court may determine whether such a determination by the Secretary is correct and the proper amount of employment tax under such determination. Any such redetermination by the Tax Court shall have the force and effect of a decision of the Tax Court and shall be reviewable as such.
(b) Limitations(1) PetitionerA pleading may be filed under this section only by the person for whom the services are performed.
(2) Time for filing actionIf the Secretary sends by certified or registered mail notice to the petitioner of a determination by the Secretary described in subsection (a), no proceeding may be initiated under this section with respect to such determination unless the pleading is filed before the 91st day after the date of such mailing.
(3) No adverse inference from treatment while action is pendingIf, during the pendency of any proceeding brought under this section, the petitioner changes his treatment for employment tax purposes of any individual whose employment status as an employee is involved in such proceeding (or of any individual holding a substantially similar position) to treatment as an employee, such change shall not be taken into account in the Tax Court’s determination under this section.
(c) Small case procedures(1) In generalAt the option of the petitioner, concurred in by the Tax Court or a division thereof before the hearing of the case, proceedings under this section may (notwithstanding the provisions of section 7453) be conducted subject to the rules of evidence, practice, and procedure applicable under section 7463 if the amount of employment taxes placed in dispute is $50,000 or less for each calendar quarter involved.
(2) Finality of decisionsA decision entered in any proceeding conducted under this subsection shall not be reviewed in any other court and shall not be treated as a precedent for any other case not involving the same petitioner and the same determinations.
(3) Certain rules to applyRules similar to the rules of the last sentence of subsection (a), and subsections (c), (d), and (e), of section 7463 shall apply to proceedings conducted under this subsection.
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