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What happens if I misclassify an employee as an independent contractor?
Question
What happens if I misclassify an employee as an independent contractor?
Answer
Misclassification can result in back taxes, penalties, and legal liability in both your jurisdiction and the contractor's. The IRS and Department of Labor in the US, and equivalent authorities in Singapore, Malaysia, and the Philippines, all actively enforce correct classification. Document your classification decision using the IRS behavioral, financial, and relationship-type tests at the start of every engagement.
Updated
2026
