Transcribed Video:
Work campers can be a really great thing for your park and help you get a lot accomplished, help you get a little bit of free time so that you can take care of business without having to work 24/7 but there are some pitfalls you need to watch for. And the old industry-standard way of dealing with work campers, an arrangement mightâve been you come here and work for me and Iâll let you stay on-site for free. Or Iâll give you a discount on your site. Weâll talk about some pitfalls with that. You have to be really careful how this is handled in the litigious society that we are in today. People sue about anything.
What happens if that work camper gets hurt on your property while performing some tasks for you or they injure a customer in some way? Guess what? Youâre on the hook. Workersâ compensation insurance is a big issue and this is where the problem starts to unravel.
Work campers should be paid and should be reported to your workerâs comp. Â You not only have to pay that on employees, but you also have to pay it on any subcontractor or any contractor whoâs working in your park who doesnât have their own insurance. That includes work campers.
The second problem we have is paying a work camper as an independent contractor. This used to be an industry standard, but it is not really permitted at all based on the characteristics of that work camper. Â Work campers have to be looked at just like an independent contractor versus employee relationship.
If you are providing the tools for that work camper, you have the mower, the shovel, and the rake. If theyâre driving around on your golf cart, if that person is told what time to work, if you tell them, âI need you to be here for the hours ofâŠâ, when people are leaving and coming back into the park, or I need you to clean up sites after people have checked out before the new person arrives, these are employees. If you are dictating when they work, how they do their job or what tools they use to do their job, thatâs the definition of an employee. We canât get away with treating them as independent contractors anymore. They need to be on your payroll.
In order to be on your payroll, they need to be making at least minimum wage. And I suggest we just simplify this whole problem of dealing with work campers. It can be very simple. Simplifying means pay them an hourly wage just like you would anybody else who wasnât staying in your park.
Then you can give them the option of having a discount for paying for their site or paying for other things in your park. Offer that same discount to every employee you have. So if you have an employee who doesnât camp, what would it hurt to offer them a discount on their site too if they stayed at the park? Treat them equally. Theyâre employees all day long. Get them on your payroll. Make sure itâs legit.
If you donât have them set up properly, this can lead to some humongous issues. First, if you have a workersâ comp claim youâre not going to like the outcome of that. Next, if the IRS finds out that you have independent contractors instead of employees and they should be treated as an employee, you have issues dealing with payroll taxes and those can go back a long way.
Also, they can have effects if you have health insurance plans or retirement plans that you would otherwise offer to employees.
Next up, unemployment. Keep your ears posted here and donât tell anybody. But if an independent contractor applies for unemployment, guess what? Theyâve started the ball rolling. The unemployment agencies all across the country share information and they start the process and assume that that person is an employee because of what that person is going to tell them. Itâs going to sound like theyâre an employee and we have to look at it from your perspective. Are they really an employee? If they apply for unemployment, theyâll be given that unemployment and you will have to prove it wrong. So youâre guilty until you prove yourself innocent and honestly have very low shot at doing that.
Letâs start the world fresh again with RV parks and campgrounds. Treat your work campers as employees.
Some mention that they were working at one of the state parks down the road, and theyâve never been an employee or received a W2 there. Guess what? Youâre not a government agency. You canât do the same things that the federal or state governments can do. Those are things that are reserved just for government entities. They donât apply to private businesses.
Letâs put those work campers on the payroll and treat them properly. Eliminate the hassles of having these risks as standing for your park, and weâll move forward from there and make your park even more profitable and investible for other people if you want to sell it in some stage.
Donna Bordeaux, CPA with CampgroundAccounting.com
What happens when you send two CPAs out into the relaxing outdoors to camp? You get CampgroundAccounting.com. Â Donna and Chad have over 50 years of combined experience as entrepreneurial CPAs. Â Theyâve owned businesses and helped business owners exceed their wildest dreams. Â They camp and travel across the country every chance they get, so itâs just a natural fit that they focus their CPA skills on helping campground owners throughout the USA grow their businesses and minimize the impact of taxes. Â They understand the key performance indicators and specialized issued that face RV park owners every day.
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