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Antioch California online Form W-2C: What You Should Know

Do not wait to file the documents. When filing forms W-2c (Corrected Wage and Tax Statement) and W-3c (Transmittal of Corrected Wage and Tax Statement), indicate as early as possible when you expect to receive the corrected forms. You must make the corrections to the amounts indicated on the correct-form (if the correct-form is incorrect) before you pay or file the paychecks (in other words, by the pay date or due date, not the date the wages are to be paid or reported). Form W-2c and W-3c are not for use by individual taxpayers. When a Form W-2c or W-3c is prepared for use by a taxpayer, it must first be signed by a taxpayer. See Regulations section 1.841-1(d) (2) for additional information. What is an “employee” covered by section 1201? Any person for hire (employee) includes all workers, not including self-employed individuals. See section 1201 of the Internal Revenue Code, for detailed definitions. To determine whether an employee is an “employee” for the purposes of section 1201, you must consider the individual's position in the organization and the nature of the service performed. In addition, if an employee performs services in the course of a trade or business, an employer will generally be treating the employee as an employee, even though he or she is performing an independent commercial activity. For example, if Joe sells insurance to a business at a lower rate than Joe makes on insurance alone, the insurance business will generally treat Joe as being an employee even though he did not perform any services as an independent contractor. What is an “independent contractor”? An individual who performs services or a group of individuals or other entities that performs a substantial portion, if any, of the services for which the entity receives payment under a contract. A “substantial portion” is considered “substantial” whether the services performed in the course of a trade or business are of the same or substantially equal value as the services normally performed by employees or independent contractors. In some situations, the individual performing services on behalf of the organization will be regarded as the independent contractor even though the organization does not have the power to control his or her hours of work.

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