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A bill to amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.

USA115th CongressS-1549| Senate 
| Updated: 7/13/2017
John Thune

John Thune

Republican Senator

South Dakota

Finance Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
New Economy Works to Guarantee Independence and Growth Act of 2017 or the NEW GIG Act of 2017 This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, does not work exclusively at the recipient's place of business, and provides tools or supplies); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy withholding and reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also: (1) sets forth withholding and reporting requirements for service recipients who meet the requirements of the test, and (2) allows service providers to petition the U.S. Tax Court for a determination of employment status.
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Timeline
Jul 13, 2017
Introduced in Senate
Jul 13, 2017
Read twice and referred to the Committee on Finance.
Oct 27, 2017

Latest Companion Bill Action

HR 115-4165
Introduced in House
  • July 13, 2017
    Introduced in Senate


  • July 13, 2017
    Read twice and referred to the Committee on Finance.


  • October 27, 2017

    Latest Companion Bill Action

    HR 115-4165
    Introduced in House

Taxation

Related Bills

  • HR 115-3396: To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers.
  • HR 115-4165: To amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
Contracts and agencyEmployment taxesSelf-employedTax administration and collection, taxpayersWages and earnings

A bill to amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.

USA115th CongressS-1549| Senate 
| Updated: 7/13/2017
New Economy Works to Guarantee Independence and Growth Act of 2017 or the NEW GIG Act of 2017 This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, does not work exclusively at the recipient's place of business, and provides tools or supplies); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy withholding and reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also: (1) sets forth withholding and reporting requirements for service recipients who meet the requirements of the test, and (2) allows service providers to petition the U.S. Tax Court for a determination of employment status.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jul 13, 2017
Introduced in Senate
Jul 13, 2017
Read twice and referred to the Committee on Finance.
Oct 27, 2017

Latest Companion Bill Action

HR 115-4165
Introduced in House
  • July 13, 2017
    Introduced in Senate


  • July 13, 2017
    Read twice and referred to the Committee on Finance.


  • October 27, 2017

    Latest Companion Bill Action

    HR 115-4165
    Introduced in House
John Thune

John Thune

Republican Senator

South Dakota

Finance Committee

Taxation

Related Bills

  • HR 115-3396: To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers.
  • HR 115-4165: To amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker classification, to require increased reporting, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Contracts and agencyEmployment taxesSelf-employedTax administration and collection, taxpayersWages and earnings