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TWC Worker Classification Determination

This page provides a clear, factual overview of what a TWC Worker Classification Determination involves, why organizations receive it, how risk is evaluated, and the typical steps required to resolve it. These insights are based on patterns seen across Small and mid-sized businesses, startups, tech companies, and professional services that rely heavily on contractors. and common issues identified in audits.

Summary of Issue

TWC Worker Classification Determination relates to an audit, examination, or enforcement action focused on how the business classifies, pays, and reports its workers. It is typically issued when Workers treated as contractors or off-payroll employees triggered questions about whether employment taxes should have been withheld.


Agency
Texas labor / employment or UI agency
Location
Texas
Issue Type
Payroll tax / employment tax worker classification
Risk Level
Medium
Common Reason
Workers treated as contractors or off-payroll employees triggered questions about whether employment taxes should have been withheld.
Penalty
Back employment taxes, trust fund penalties, failure-to-deposit penalties, and interest on unpaid payroll tax liabilities.
Fix Action
Work with legal and tax advisors to review worker roles, documentation, and reporting and respond to the agency by the stated deadline. Amend employment tax returns where needed, pay assessed liabilities, and update payroll processes to ensure proper withholding and deposits.
Year Range
Typically reviews 3–4 years of records; in serious or repeat cases, the lookback period can extend further.
Industry Examples
Small and mid-sized businesses, startups, tech companies, and professional services that rely heavily on contractors.

How TCWGlobal Helps Companies Facing a TWC Worker Classification Determination

Letters like the TWC Worker Classification Determination often occur when organizations experience gaps in documentation, worker classification, onboarding processes, or payroll reporting. These issues become more common as companies scale, work with more contractors, or manage projects across multiple states and agencies.

TCWGlobal helps by supporting compliant payrolling for workers you already sourced, centralizing documentation, maintaining accurate worker records, and ensuring onboarding and reporting remain consistent across all projects and departments.

For industries like Small and mid-sized businesses, startups, tech companies, and professional services that rely heavily on contractors., where audits related to Payroll tax / employment tax worker classification commonly appear, our team reduces risk by helping clients maintain clean worker files, correct classification, and auditable payroll data.

When issues arise, TCWGlobal supports you in preparing required documentation, correcting records, and implementing processes that help prevent future Texas labor / employment or UI agency assessments or penalties.