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Office of Economic Development and International Trade

Business Licensing Database
EMPLOYEES/INDEPENDENT CONTRACTORS


EMPLOYEES EMPLOYER INDENTIFICATION NUMBER F.E.I.N. INDEPENDENT CONTRACTOR
SUB-CONTRACTORS UNEMPLOYMENT INSURANCE WITHHOLDING WORKERS COMPENSATION


Federal

Internal Revenue Service
1999 Broadway
Denver, CO   80202
(303)446-1675
There are many state and federal laws that are used to define an employment relationship and to determine whether an individual who performs services is an “employee” or an “independent contractor.” IRS Publication 15-A, "Employer's Supplemenetal Tax Guide," has more information on determining whether an individual is an independent contractor or an employee.

Link:  http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

If you have employees, you must withhold tax from each wage payment or supplemental unemployment compensation plan benefit payment according to the employee’s W-4 and the correct withholding rate.

There are a variety of other employer responsibilities outlined in IRS Publication 15, "Employer's Tax Guide," which includes withholding tables.

Link:  http://www.irs.gov/pub/irs-pdf/p15.pdf


Generally businesses need an EIN (empployer identification number). Application for an EIN could be done in various ways (link below). Also to know if you need a state number or charter, contact with the state.

Link: http://www.irs.gov/businesses/small/article/0,,id=102767,00.html

If you have determined that your workers are independent contractors, you are not required to withhold or pay any taxes on their behalf. However, you must keep track of how much you pay them and file Form 1099 Miscellaneous for each person to whom you paid over $600 during the year.

Link:  http://www.irs.gov/pub/irs-pdf/f1099msc.pdf


Federal

U.S. Department of Labor
Employment Standards Administration
Denver District Office
1999 Broadway, Suite 2435
Denver, CO   80202-5712
(720)264-3232
Federal minimum wage must be paid all employees whether employed on an hourly, piecework, commission, time, task, training or other basis.

Link: http://www.dol.gov/whd/minimumwage.htm


State

Colorado Department of Labor & Employment
Labor Standards Unit
633 17th St
Denver , CO   80202
(303)318-8441
Fax: (303)318-8400

Overtime Pay: The Federal Fair Labor Standards Act and State law require at least 1 1/2 times the employee's regular rate of pay must be paid for all hours worked over forty (40) in one work week. In addition, State law requires overtime work for any work after (12) consecutive hours.

Link: http://www.dol.gov/whd/overtime_pay.htm


State

Colorado Department of Labor & Employment
Unemployment Insurance Operations
633 17th St
Denver , CO   80202-3660
(303)318-8000
An employer must pay unemployment insurance tax on wages paid to all employees, including corporate officers.

The Unemployment Insurance Tax Program provides employers with determination of employer liability and establishment of an employer account; notifying the employers of annual tax rates; and collection of taxes through quarterly employer reporting process.

Domestic employers, nonprofit corporations, and agricultural employers have different liability criteria based on amount of wages paid and the number of employees.
Use Form CR100 to register your business, be assigned an Unemployment Insurance (UI) Tax employer account number, and receive an initial UI tax rate assignment. This form will also establish a sales-tax license and a wage-withholding account with the Department of Revenue.

Link:  http://www.businessasap.com/resources/documents/CO-CR100.pdf


State

Colorado Department of Labor & Employment
Division of Workers Compensation
633 17th St Suite 201
Denver , CO   80202-3660
(303)318-8000
Workers’ Compensation is mandatory insurance that provides coverage for medical expenses and lost wages due to a job-related injury or occupational disease. The employer must pay the cost of coverage for employees. All employees must be covered beginning with the very first employee.
Corporate officers and members of a Limited Liability Company who are compensated must be covered unless they own at least ten percent of the business and they formally elect in writing to reject coverage. The election to reject coverage is filed with the insurance carrier.

Private

Pinnacol Assurance
7501 E. Lowry Blvd.
Denver , CO   80230
(303)361-4000
(800)873-7242
Fax: (303)361-5000
You can obtain workers’ compensation insurance from an independent insurance agent or Pinnacol Assurance. Pinnacol Assurance is NOT a state agency.

State

Colorado Department of Revenue
1375 Sherman St
Denver , CO   80261
(303)238-7378
Employers are required to have a Colorado withholding account and remit Colorado income taxes withheld if:

1) The compensation is subject to federal withholding for income tax purposes; and 2) Employees are Colorado residents (working inside or outside Colorado), or employees are nonresidents of Colorado performing services in Colorado.

Submit a completed "Colorado Business Registration" (CR 0100) to the Colorado Department of Revenue to open a withholding account. There is no fee for the withholding license.

Link: http://www.colorado.gov/cs/Satellite/Revenue/REVX/1193047059515


NOTE:  See the "Employer Responsibilities" chapter of the Colorado Business Resource Guide for more Employer requirements.
http://www.state.co.us/oed/guide/
NOTE:  See EMPLOYER SIGN POSTING REQUIREMENTS

page last updated 3/23/10

The Colorado Revised Statutes are available on line at http://www.state.co.us/gov_dir/leg_dir/olls/colorado_revised_statutes.htm. You can locate a statute of interest by searching either on the citation given in the database (e.g., 18-5-307) or on a keyword or phrase.

 

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