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Would Your Practice Survive An Employment Tax Audit? (1099 vs. W-2 part 2)

Tax Calculator and Pen

Does the state tax commission really take the time to audit small private practices? I didn't think so, until my practice was selected for an audit.

A few years ago my clinic was selected for an employment tax audit. Lucky me, right? When the auditor walked into my office suite and saw many offices with different names on the doors, he looked at me pleadingly and said, "Please, please don't tell me that these therapists are all classified as 1099 contractors."

I replied, "I won't. We're all W-2's."

There was a look of relief on his face.He then proceeded to tell me that health and mental health private practitioners are notorious for incorrectly classifying 1099 employees. In his experience many groups are set up as contract workers when they are acting like employees (I'll go over into detail about the the IRS criteria for how to classify  an employee as a 1099 vs. W2 employees in a forthcoming post).

The auditor requested access to all of my financial documents including bank accounts, accounting,  payroll information and tax documents. He asked us questions about any large checks written directly to employees to make sure we were paying our employment taxes. After a brief review of my payroll and tax documents the auditor thanked me for making his job easier and left with a smile. I breathed a huge sigh of relief.

Had I hired the therapists working with me as 1099 I may have been penalized with a hefty fine and required to pay back employment taxes on all of the therapists' income. I was not in a position to shell out thousands and thousands of dollars. Had I been incorrectly classifying employees it may have put my practice in jeopardy.

Do you know the IRS criteria for classifying 1099 contract workers vs. W-2 employees? It isn't based on whether or not you want to pay your therapist's taxes or want to have them pay self-employment taxes. It isn't based on whether they are full-time or part-time workers. It isn't based on whether or not you provide benefits.

There are many misconceptions about classifying employees in private practice. I'll address theses criteria for how to distinguish between hiring 1099 vs. W-2 therapists in upcoming posts.

Watch for the next Therapist Blog Challenge coming next week, too!

Creative Commons License Dave Dugdale & learningdslrvideo.com via Compfight

Your 2012 Practice Vision: WHY Do You Do What You Do?

rubber stamp handle question markAs therapists we 're skilled at talking about what we do ("I'm a play therapist who works with children", or "I help older adults improve their mental health"), and how we do it ("I use DBT, EMDR, and CBT" or "I help clients work through resistance to change through psychodynamic therapy"), but we don't often talk clearly about why we do what we do. I was recently introduced to this video by author, business guru, and optimist Simon Sinek a few months ago and found it to be incredibly inspiring and clarifying. It reaffirms that " why" is crucial to personal and business success. I wanted to share it with you as we begin 2012 to help you clarify your practice vision for the year.

Here's my "why" for my therapy practice:

I believe that loving and accepting relationships have incredible healing power.

Here's my "why" for private practice toolbox and consulting:

I believe that doing what you love professionally is crucial to having an amazing quality of life. I believe that working part-time and making a full-time income is within every therapist's reach.

According to Sinek, your "why" is the most important aspect of running a successful business, or in our world, our private practice.

"People buy why you do what you do." --Simon Sinek

Take several minutes and watch this video clip. It will inspire you to take action.

So what your "why" for 2012?

Do potential clients get to know your "why" when they visit your website, or are you solely focused on the "what" & "how"?

Post your practice "why" in the comment box below. Can't wait to hear from you!

Creative Commons License photo credit: Leo Reynolds

What Do You Love About Private Practice?

Ask me about my private practice and I light up. I love it. I just spent the last day and a half furnishing and decorating an additional office location in a neighboring city. I'm excited to be able to expand the reach of my practice and help clients in other geographic locations. There is such a satisfaction in feeling fully self-expressed professionally and to make a difference in the lives of my clients and my colleagues. My passion for building a private practice is why I asked Dr. John Grohol, CEO of PsychCentral.com if I could start this blog. I can't imagine being happier with a work situation and I want to help you develop the tools to feel the same way about your practice. I asked several successful private practice therapists the question, "What do you love about being in private practice?" I wanted to share their answers with you to inspire those of you who are considering going into private practice to do it! If you're unhappy with your practice, I hope you'll draw from these successful private practice experiences to create a practice that you love.

It's not "work"

Lynn Krown MA, MFT:

 

When you do something you are passionate about it's not work. I intend to work well into old age. The more life experience and mindfulness I have, the more wisdom I have to offer. I'm grateful to feel so fulfilled and alive as a psychotherapist age 70 this month.

Accurately represents who I am

Julie Jeske, M.S.:

I love it because it is mine. It is an accurate representation of who I am and the work I do. I truly love what I do and having a private practice gives me the freedom to really design and build my ideal practice. I can work when I want...in fact this summer I spent 5 weeks in Paris. I don't know if I could have done that if I didn't have my own practice.

I look forward to work

Gabby Acord, LCSW:

I look forward to my work and the days fly by. I don't get insurance benefits or paid time off, but I also earn 50% more than I would working full-time for the local University hospital and they pay very well. I feel good that my children know that my work is to help people and they don't resent the time away.

I'm my own boss

Amy Luster, M.A., LMFT:

I am passionate about maintaining a private practice as it grants me the ability to participate in the way that best suits me. I am an active parent to four elementary school aged children and I am able to schedule clients in a way that permits me to be present for my children. As they grow older and more independent, I am able to increase the amount of hours I can see clients in my private practice. I am not beholden to a specific way of working with each client, but rather, I'm able to respond to the needs of each individual, couple or family.

Allows me to refine my specialty

Geoff Steurer, MS, LMFT:

Private practice allows me to refine my specialty in working with marriages impacted by sexual betrayal. When I was working in an agency setting, I was required to see whatever cases walked through the door. So, in any given day I could end up working with children, teens, couples, elderly, and families. Even though I certainly enjoy the variety that comes from working in an agency setting, there is something deeply gratifying knowing that I'm developing a skill set that comes from working with the same types of cases day after day. I love knowing for certain that I can make a difference in the lives of the clients sitting across from me in my office.

I set the rules

Esther Kane, MSW:

I set the rules and love it! I’m independent and it suits my personality. I love the flexibility- going away whenever I choose and working hours I prefer. I get a highly-motivated client-base who are ready and willing to do the work. I own my own office overlooking the ocean and it’s like my second home.

It adapts to my changing lifestyle

Shannon Purtell MA, LPC:

In the last 3 years I have gotten married, and had 2 children. Private practice has allowed me to adapt to my changing lifestyle. It worked great when I was single and could work evenings/weekends, etc. and it works great now when I need to be home evenings and weekends to be with my family. Private practice affords me the opportunity to build a company that makes a difference in the lives of our clients, and provide a healthy work environment for my associates and interns.

It's a thrill to see people change

Eileen Kennedy-Moore, PhD:

There is no greater thrill than seeing people make real change for the better in their lives and being part of that change process. I'm grateful for the opportunity to do work I love, as my own boss, with hours that mesh with my family needs.

 

Meaningful connection with others

Loren A Olson MD, who is in the process of retiring from his psychiatry practice:

I have experienced the joy of connecting with people in the most emotionally intimate ways. I *know *them deeply and meaningfully. And although I've always maintained professional boundaries, I find that they know me, too. And so I grieve the loss of these relationships even while knowing that I am responsible for my own happiness. And as I retire I will find new ways to find pleasure in my life, but I also look back with a sense of satisfaction about having chosen such a meaningful profession.

Do you love being in private practice? Tell me about it! If you're not happy with your practice, what would you like to change?

If you have any topics you'd like me to write about, or specific questions for me comment below, ask me on Twitter @Julie_Hanks, or contact me directly here.