14 August 2023 | Hybrid | Employees vs Contractors | By Elizabeth Burnheim from Keypoint Law

Whether an individual is an employee or independent contractor is a key commercial matter, as it can give rise to significant tax and legal implications for a business. Failure to correctly characterise a worker can result in underpayment of employment entitlements, failure to meet payroll tax, PAYG and superannuation obligations, significant penalties and reputational risk to the business and personal exposure for directors.

Company directors and officers, executives and human resource personnel should also be aware that they could be exposed to personal liability for their involvement in breaches of the Fair Work Act 2009 (Cth).

Given the current landscape, we will be hosting a timely session on the Employee versus Contractor quandary.

This session will cover:

1. An overview of the legal evolution of the employees and independent contractors debate;
2. What are the key factors that need to be considered when determining whether a worker is a treated as an employee or independent contractor;
3. The current tax and legal landscape following recent High Court and Federal Court decisions;
4. A review of recent activity by the ATO and Revenue NSW in light of these decisions;
5. Income tax, superannuation and payroll tax obligations for businesses that engage contractors;
6. Nuances in the employee and contractor tests for income tax, superannuation and payroll tax; and
7. The importance of a written contract and whether this provides a complete solution.

Who should attend?

The webinar should be attended by:

1. Anyone who engages independent contractors;
2. Directors and Board Members;
3. Business Owners;
4. HR Professionals; and
5. Any accounting or tax professional involved in advising clients about the tax classification of workers and tax implications.