# Question 34: The Installers on Form 1099

## Your role

You represent Northbank Solar, which treated field installers as independent contractors for two tax years in the fictional State of Daxton. The revenue agency is asking questions. Management needs a conditional classification analysis, a computed reserve, and a plan to obtain control facts not yet gathered.

## Governing law

Assume the following Daxton rules apply:

1. A worker performing services for pay is presumed to be an employee unless the business proves all three elements: (A) freedom from control in contract and practice; (B) work outside the usual course of the business; and (C) an independently established trade of the same nature.

2. Written contractor labels, invoices, and tax forms are relevant but do not control. Actual scheduling, supervision, pricing, tools, substitution rights, profit opportunity, and work for others are relevant to elements A and C.

3. Installation of the product a company sells is within the company's usual course when installation is marketed as part of the customer offering and produces a substantial share of revenue.

4. If reclassified, the employer owes an 8 percent employer payroll tax and a 7 percent employee withholding tax on covered compensation.

5. When the employer timely filed contractor information forms, it receives a credit equal to 40 percent of the otherwise unwithheld 7 percent employee tax. The employer may not seek retroactive reimbursement from workers.

6. A nonwillful classification failure carries a penalty equal to 10 percent of the net unpaid tax after the rule 5 credit. A willful failure carries 30 percent. The supplied record establishes the nonwillful rate for reserve purposes unless later facts show concealment.

7. For a reserve calculated as of December 31, 2026, interest is fixed at 4 percent of net 2025 tax and 2 percent of net 2026 tax. Do not compound.

8. A prospective change does not admit past liability. Backdating contracts, scripts, or time records is prohibited.

9. The agency may approve a closing agreement after accurate disclosure of worker counts, compensation, and practices. Counsel should not concede employee status before gathering the facts needed for element A.

## Facts

Northbank sells residential solar systems and advertises a single price for equipment and installation. Installation generated 38 percent of gross revenue.

Northbank used:

* Fourteen installers in 2025, paid total covered compensation of $980,000.
* Twenty installers in 2026, paid total covered compensation of $1,600,000.

Northbank timely issued contractor information forms for every payment. No payroll tax or withholding was paid on these amounts.

The written agreements call the installers independent contractors, require their own hand tools and insurance, and permit work for other companies. Most installers formed small businesses and filed business tax returns. Northbank provides the solar panels, inverters, safety plans, and customer contracts.

Management has not yet gathered reliable facts about who set daily arrival windows, whether installers could reject jobs without penalty, whether they could send qualified substitutes, who controlled work sequence, whether Northbank supervisors directed methods onsite, how often installers worked for competitors, or whether installers could negotiate price. Emails and dispatch records exist but have not been reviewed.

The chief operating officer says, "They signed contractor agreements, so reserve zero." The controller asks for the maximum nonwillful reserve if all compensation is reclassified, using only the supplied rates. The agency has not issued a formal assessment.

## Assignment

Analyze:

* The likely treatment of element B and the facts relevant to elements A and C.
* Why the written labels do or do not resolve status.
* The exact 2025 employer tax, net employee tax after credit, penalty, and interest.
* The exact 2026 employer tax, net employee tax after credit, penalty, and interest.
* The combined nonwillful reserve if all compensation is reclassified.
* The specific control and independent-trade facts that must be obtained before a final classification position.
* Immediate document-preservation and interview steps.
* Whether to change practices prospectively, seek a closing agreement, contest classification, or defer the decision pending the missing facts.

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