Using Cash to Pay Employees and Independent Contractors
Why paying in cash is a bad idea
Certain types of businesses do most of their selling with cash. Many of these "cash businesses" also pay their employees and non-employee workers in cash.
While it is not illegal to pay employees and independent contractors in cash, it's not a good business practice for many reasons. Some businesses use cash to pay employees in an attempt to avoid paying payroll taxes, and some employees ask for cash payments to evade income taxes.
This article discusses legal and tax issues and federal laws relating to income taxes, payroll taxes, and other tax matters.
Payroll and Tax Issues When Paying Employees In Cash
- Employers must withhold payroll taxes (federal and state income tax and FICA (Social Security/Medicare) tax) from employee pay;
- Employers must also report and pay those payroll taxes, including both the employee and the employer portion of FICA taxes, to the IRS
- Other employment taxes must be paid on employee earnings, including unemployment taxes, and state workers compensation fund payments
- Employers must report employee income on Form W-2 each year. It includes cash income.
- Employers must verify the work eligibility of newly hired employees, using Form I-9 or the E-Verify system. This verification put the employee in the federal system, and if these employees are paid in cash, agency cross-checks can uncover attempts to avoid payroll taxes by paying in cash.
Effect on Employees
CPA Gail Rosen says this about paying employees with cash:
Paying workers illegally in cash can lead to serious problems in addition to tax problems. When a worker is "not on the books" you can suddenly have contingent liabilities that can truly be disastrous.
If a worker gets injured on the job and lands up in the hospital, they will be asked if they got hurt on the job. If the injured worker answers yes, then they will be covered under workers compensation. You are in serious trouble, if you did not pay in workers compensation because you paid them in cash. The same thing is true for not paying into the state disability and unemployment fund. If for example, you fire the worker and they apply for unemployment, then you will have auditors knocking at your door.
Paying Children, Spouses, or Family Members
The wages of children under age 18 who work in your business are subject to the same withholding, payroll tax, and employment tax requirements as other employees. If you hire your own children, they may not be subject to FICA taxes, but their wages must be reported to the IRS.
Hiring your spouse or other family members to work for your business and paying in cash can also deprive this person of Social Security benefits. And all the other issues mentioned above, including your legal responsibility to report and pay payroll taxes, apply.
Paying Independent Contractors
Many businesses pay contract workers (casual labor, summer workers, While payments to independent contractors have fewer issues than those of employees, two issues are worth noting:
Cash payments made to vendors and others with whom you do business must still be substantiated if you want these cash payments to be deducted as expenses on your business tax return. Even small payments in cash should be paid through a petty cash fund, with appropriate documentation.
The information in this article is NOT intended to assist employers in evading taxes.
Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a worldwide audience, and employment laws and regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.