What New Jersey Landscaping Companies Need to Know About Seasonal Employee Tax Treatment

Your landscaping business in Marlboro generates 85% of annual revenue between April and October. You run a skeleton crew through winter, then hire 6-8 additional workers for peak season. Those seasonal workers represent your biggest labor expense—and your biggest tax planning opportunity and compliance risk.

Seasonal employee tax treatment differs significantly from year-round employees, particularly regarding unemployment insurance, worker classification, and strategic family hiring. Get it wrong, and you'll pay thousands in unnecessary unemployment claims, face Department of Labor audits, or trigger IRS misclassification penalties. Get it right, and you can significantly reduce labor costs while staying fully compliant.

This guide explains everything New Jersey landscaping and lawn care companies need to know about seasonal employee taxation, classification, and strategic hiring to maximize profitability during your busiest months.

Seasonal vs. Year-Round Employee Classification

The IRS and New Jersey Department of Labor don't have an official "seasonal employee" category—they care whether someone is an employee or independent contractor. However, seasonal employment patterns create unique tax implications.

What Makes Someone "Seasonal"?

Seasonal employee characteristics:

  • Works only during specific months (typically April-October for landscaping)
  • Returns year after year for the same seasonal period
  • Temporary employment tied to business seasonal needs
  • Generally not promised year-round employment

Year-round employee characteristics:

  • Works throughout the calendar year
  • Employment continues regardless of season
  • Core business operations require this position
  • Receives full benefits package

Why the distinction matters for landscaping: Your core crew (foreman, equipment operator, maybe 1-2 experienced workers) are year-round. Your additional spring/summer laborers are seasonal. Tax treatment differs, particularly for unemployment insurance.

Unemployment Insurance: The Big Cost Difference

New Jersey unemployment insurance (UI) taxes are where seasonal employment creates significant cost implications.

How New Jersey UI Works

Base tax rate: New employers pay 2.8% of first $42,300 of each employee's wages (2026 estimate).

Experience rating: After three years, your rate adjusts based on unemployment claims filed by former employees. Rates range from 0.5% (very few claims) to 5.8% (many claims).

The seasonal problem: Seasonal employees who file for unemployment benefits every winter dramatically increase your experience rating, raising your UI tax rate permanently.

Calculating the True Cost

Example: A landscaping company in Jackson employs 4 year-round workers and hires 6 seasonal workers (April-October).

Year-round employee payroll:

  • 4 workers × $45,000 average = $180,000 annually

Seasonal employee payroll:

  • 6 workers × 7 months × $3,500/month = $147,000 annually

Total taxable wages for UI: $327,000 (using $42,300 cap per employee)UI taxable base: 10 employees × $42,300 = $423,000

At 2.8% (new employer rate): $11,844 annually

After 3 years with many seasonal claims (rate rises to 4.5%): $19,035 annually

Cost increase from seasonal claims: $7,191 annually—permanently.

Over 10 years, poor management of seasonal unemployment costs this company an extra $70,000+ in UI taxes.

Strategies to Reduce Seasonal UI Costs

Strategy #1: Structure contracts to avoid UI claims

Clearly document seasonal employment terms. Use written agreements stating:

  • Employment is temporary and seasonal
  • No expectation of off-season work
  • Contract covers specific period (April 15-October 31)

While this doesn't eliminate UI eligibility, it establishes clear employment parameters.

Strategy #2: Offer winter work (if feasible)

Even minimal winter work (snow removal, equipment maintenance, 10-15 hours/week) can reduce UI claims. Employees working part-time earn wages that offset unemployment benefits, reducing claim amounts charged to your account.

Strategy #3: Challenge inappropriate UI claims

Not all UI claims are valid. If seasonal workers:

  • Quit voluntarily without good cause
  • Refuse suitable work you offered
  • Were terminated for misconduct

You can challenge their UI claim. Many landscapers don't challenge claims, allowing invalid claims to drive up experience ratings.

Strategy #4: Use New Jersey Shared Work Program

If you reduce seasonal workers' hours (rather than laying off completely), the Shared Work program allows them to collect partial unemployment while working reduced hours. This keeps them partially employed and reduces full UI claim impact on your account.

Worker Misclassification: The Expensive Trap

Many landscaping companies classify workers as 1099 independent contractors to avoid payroll taxes and UI. This is almost always wrong and extremely expensive when caught.

IRS Worker Classification Test

The IRS uses a three-factor test:

Behavioral control: Can you control how work is performed?

  • Do you provide tools and equipment? (Yes = employee)
  • Do you set work hours? (Yes = employee)
  • Do you train workers? (Yes = employee)

Financial control: Do you control business aspects of the job?

  • Are they paid by the hour/week? (Yes = employee)
  • Do they have business expenses? (No = employee)
  • Can they work for others simultaneously? (No = employee)

Relationship type: How do parties perceive relationship?

  • Do you provide benefits? (Yes = employee)
  • Is work ongoing vs. project-based? (Ongoing = employee)
  • Is work core to your business? (Yes = employee)

Reality for landscaping: Your seasonal crew members are employees, not contractors—the IRS and New Jersey Department of Labor will reclassify them if audited.

Misclassification Penalties

A lawn care company in Howell classified 5 seasonal workers as 1099 contractors, paying them $120,000 total over two years.

DOL audit reclassified them as employees:

  • Back employer FICA/Medicare: $9,180
  • Federal unemployment (FUTA): $840
  • NJ unemployment insurance: $14,000 (back premiums)
  • NJ penalties for UI non-payment: $8,500
  • Workers' comp insurance (retroactive): $18,000
  • Workers' comp penalties: $12,000
  • IRS penalties: $7,500
  • Accounting/legal fees: $6,000

Total cost: $76,020 for trying to save $9,180 in payroll taxes.

Plus, the company now must reclassify all workers going forward, losing the perceived "savings" permanently.

When 1099 Classification IS Appropriate

Legitimate independent contractors in landscaping:

  • Specialized subcontractors (irrigation, hardscape specialists)
  • Equipment operators you hire for specific large projects
  • Design consultants for major landscape installations

Key factors:

  • They use their own equipment
  • They control how work is performed
  • They work for multiple companies
  • They invoice you for completed work
  • They carry their own insurance

Bottom line: Regular seasonal crew members mowing lawns, trimming hedges, and performing routine maintenance are employees, not contractors.

Strategic Family Hiring for Seasonal Labor

One of the best tax strategies for landscaping business owners is hiring your children for seasonal work.

Tax Benefits of Hiring Your Kids

Federal tax advantages:

  • Children under 18 working for parents' sole proprietorship/partnership: No FICA tax (saves 15.3%)
  • Children under 21: No FUTA tax (saves 6% on first $7,000)
  • Child's income taxed at their lower bracket (likely 0-12% vs. your 24-37%)

New Jersey considerations:

  • Still subject to NJ unemployment insurance (unfortunate but unavoidable)
  • Must follow all labor laws (work permits if under 16, hour restrictions)

Requirements for tax benefits:

  • Legitimate work performed
  • Reasonable compensation for work
  • Proper documentation (timesheets, job descriptions)
  • Actual payment (via check or direct deposit, not just "credit")

Real-World Example

A Brick landscaping contractor employs two teenage children (ages 16 and 17) for summer work. Each works 30 hours/week for 16 weeks at $15/hour.

Annual wages per child: 30 hours × 16 weeks × $15 = $7,200Total wages (both children): $14,400

Without hiring children (paying unrelated workers):

  • Wages: $14,400
  • Employer FICA: $1,102
  • FUTA: $336
  • NJ UI: $403
  • Total employer cost: $16,241

Hiring own children (sole proprietorship):

  • Wages: $14,400
  • Employer FICA: $0 (exempt for children under 18)
  • FUTA: $0 (exempt for children under 21)
  • NJ UI: $403
  • Total employer cost: $14,803

Savings: $1,438 annually

Additional benefit: The $14,400 paid to children is deducted from parent's business income (taxed at 35%+ effective rate = $5,040 tax savings), but children pay little to no tax on it (standard deduction covers most of it).

Total tax benefit: $1,438 + $5,040 = $6,478 annually

Over 5 years (while children are in high school): $32,390 in combined tax savings—enough to fund significant college expenses.

For complete details on hiring children, see: Tax Benefits of Employing Your Child and Hiring Family: 4 Keys Jersey Shore Business Owners Should Know

Important Cautions for Family Hiring

Must be legitimate work: Child must perform actual services. "Paying" them for doing nothing is fraud.

Reasonable compensation: $15/hour for manual labor is reasonable. $50/hour for basic mowing is not.

Proper documentation: Maintain timesheets, pay via check/direct deposit, issue W-2 at year-end.

Business structure matters: The FICA exemption only applies to sole proprietorships and partnerships where both parents are partners. S-Corporations and partnerships with non-parent partners don't qualify—children are treated as regular employees.

Age restrictions: New Jersey labor laws restrict hours and types of work for minors under 16. Review NJ Child Labor Law requirements before hiring young children.

Payroll Tax Requirements for Seasonal Employees

Seasonal employees are regular employees for payroll tax purposes—all normal withholding and reporting requirements apply.

Withholding Requirements

Federal:

  • Income tax withholding (based on W-4)
  • Employee FICA (6.2% Social Security + 1.45% Medicare)
  • Employer FICA (matching 6.2% + 1.45%)

New Jersey:

  • State income tax withholding (progressive rates)
  • Family Leave Insurance (employee contribution: 0.06%)
  • Temporary Disability Insurance (employee contribution: ~0.425%)
  • Unemployment Insurance (employer-paid)

Tip for seasonal workers: Many seasonal employees request maximum withholding (claiming 0 allowances on W-4) to avoid owing taxes at year-end. This is their choice—you must follow their W-4 instructions.

Quarterly and Annual Reporting

Form 941 (federal quarterly): Due April 30, July 31, October 31, January 31

Form NJ-927 (state quarterly): Same schedule as federal

Form 940 (federal annual): Due January 31

W-2s: Issue to all employees by January 31

Seasonal consideration: You'll have higher Q2-Q3 payroll than Q1/Q4. Ensure proper estimated tax payments throughout the year to avoid year-end surprises.

Professional tip: Most successful landscaping companies use professional payroll services to handle all withholding, deposits, and filings. DIY payroll mistakes cost landscapers thousands annually in penalties—far more than professional service fees.

Related: The Hidden Costs of DIY Payroll for Small Businesses in New Jersey

Workers' Compensation Insurance for Seasonal Employees

New Jersey requires workers' compensation insurance for all employees, including seasonal workers.

How Workers' Comp Premiums Work

Rate per $100 of payroll: Varies by classification code (landscaping: ~$8-$12 per $100 typically)Annual audit: Insurance companies audit actual payroll at year-end and adjust premium

Seasonal impact: Your workers' comp premium should be lower because you only pay for the months seasonal employees actually work. However, ensure your carrier properly accounts for seasonal employment patterns.

Misclassification Creates Massive Workers' Comp Exposure

If you misclassify employees as 1099 contractors, you won't carry workers' comp insurance for them. When an uninsured worker gets injured (falls off ladder, back injury from equipment), you face:

  • Medical expenses (unlimited)
  • Lost wage compensation (66.67% of wages)
  • Permanent disability settlements ($50,000-$300,000+ for serious injuries)
  • Penalties from NJ Department of Labor ($2,500 per day of non-compliance)
  • Potential criminal charges for willful non-compliance

Real-world cost: A landscaping company in Middletown classified crew members as 1099 contractors. One fell from a retaining wall, suffering spinal injury requiring surgery.

Result:

  • Medical bills: $185,000
  • Lost wage compensation: $42,000 (ongoing)
  • NJ DOL penalties: $87,500 (350 days × $250/day)
  • Attorney fees defending claim: $35,000
  • Future disability payments: $125,000 estimated

Total: $474,500+ vs. paying ~$8,000 annually for proper workers' comp coverage.

Never worth the risk. Always carry proper workers' comp insurance for all employees.

Peak Season Tax Planning for Landscaping Companies

Landscaping businesses generate highly concentrated income during 7-month seasons. Strategic tax planning turns this seasonal cash flow into tax savings.

Timing Equipment Purchases

Peak season generates cash. Year-end is when you need to deploy that cash for maximum tax benefit.

Strategy: Purchase equipment in Q4 to maximize current-year deductions using Section 179 and bonus depreciation.

Example: A lawn care company in Toms River generated $280,000 profit by September. In December, they purchased:

  • New mower: $12,000
  • Equipment trailer: $8,500
  • Hand tools and equipment: $3,500

Total equipment: $24,000

Section 179 immediate deduction: $24,000Tax savings (35% effective rate): $8,400

The contractor needed this equipment anyway for next season—timing the purchase strategically saved $8,400 in taxes.

For complete equipment depreciation strategies, read: Equipment Depreciation Strategies for HVAC Contractors (same strategies apply to landscaping equipment).

Maximizing Retirement Contributions

Seasonal revenue concentration creates opportunities for large year-end retirement contributions.

Solo 401(k) for owner-only businesses:

  • Employee contribution: Up to $23,500 (2026)
  • Employer contribution: Up to 25% of compensation
  • Total limit: $70,000 (or $77,500 if age 50+)

Example: A Marlboro landscaping owner nets $180,000. He contributes:

  • Employee: $23,500
  • Employer: $45,000 (25% of compensation)
  • Total: $68,500

Tax savings: $68,500 × 35% = $23,975

For detailed retirement plan strategies, see: Retirement Plans for Business Owners: Solo 401(k) vs. SEP IRA

Managing Cash Flow During Off-Season

The flip side of seasonal concentration: ensuring sufficient cash reserves for winter when revenue drops but expenses continue.

Strategic approach:

  1. Set aside winter reserves: Calculate 6 months of fixed expenses (rent, insurance, owner draw) and reserve from peak season profits
  2. Prepay spring expenses in December: Materials, insurance, equipment maintenance—deductible when paid under cash method accounting
  3. Use line of credit strategically: Many landscapers establish bank lines to smooth cash flow between seasons
  4. Consider alternative revenue: Snow removal, holiday lighting installation, winter consultations

For cash flow management strategies, see: Analyzing Cash Flow Is a Must for Your Jersey Shore Small Business

Record-Keeping Requirements for Seasonal Employees

Proper documentation protects you from UI claims, worker misclassification audits, and wage disputes.

Essential Records to Maintain

For each seasonal employee:

  • W-4 (federal and NJ withholding certificates)
  • I-9 (employment eligibility verification)
  • Offer letter or employment agreement (specifying seasonal nature)
  • Timesheets or time clock records
  • Paycheck stubs
  • Year-end W-2

For business protection:

  • Seasonal employment contracts clearly stating temporary nature
  • Workers' comp insurance certificates
  • UI experience rating reports
  • Payroll tax deposit confirmations
  • Quarterly payroll tax returns (941, NJ-927)

Retention period: 4 years minimum for payroll records, 7 years recommended.

Audit defense: Complete, organized records are your best defense in DOL or IRS audits. Missing documentation often results in assessments even when you're technically compliant.

Many successful landscaping companies use professional bookkeeping services to maintain proper records year-round, preventing costly scrambles when audits occur.

Integrating Seasonal Employment with Comprehensive Tax Planning

Shore Financial Planning helps landscaping contractors and lawn care businesses throughout New Jersey optimize seasonal employment within comprehensive tax strategies:

Seasonal labor management:

  • Structure seasonal employment to minimize UI costs
  • Implement family hiring strategies for maximum tax benefit
  • Ensure proper classification and documentation

Tax planning integration:

Year-round support:

Real-World Example: Jackson Landscaping Company

A successful landscaping contractor in Jackson generating $420,000 annually worked with Shore Financial Planning to optimize seasonal operations:

Seasonal workforce:

  • 3 year-round employees
  • 6 seasonal employees (April-October)
  • Owner's two teenage children (summer only)

Implementation:

  • Proper W-2 classification for all workers
  • Strategic family hiring saved $6,200 annually in payroll taxes
  • Seasonal employment contracts reduced UI claims
  • Professional payroll service eliminated compliance risks

Tax planning:

  • Converted to S-Corp: $19,000 annual savings
  • December equipment purchases: $15,000 deduction ($5,250 tax savings)
  • Maximized Solo 401(k): $65,000 contribution ($22,750 tax savings)

Total annual tax savings: $53,200

The contractor now operates compliantly, avoids payroll penalties, and keeps an extra $53,000 annually that previously went to taxes and compliance issues.

Serving Landscaping and Lawn Care Companies Across New Jersey

Shore Financial Planning specializes in seasonal businesses throughout Central New Jersey:

We serve landscaping contractors, lawn care services, and all seasonal businesses with specialized expertise in managing workforce taxation, unemployment insurance optimization, and comprehensive tax planning.

Your Next Step

Seasonal employment creates both opportunities and risks. Proper classification, strategic family hiring, and UI management can save $10,000-$30,000 annually. Poor handling triggers audits, penalties, and permanent cost increases.

If you're currently:

  • Classifying seasonal workers as 1099 contractors
  • Experiencing high UI claims and rising experience ratings
  • Missing family hiring opportunities
  • Handling payroll yourself
  • Concerned about classification compliance

...schedule a strategy session with Shore Financial Planning.

We'll review your current workforce structure, identify compliance risks, quantify tax savings opportunities, and implement proper systems that reduce costs while eliminating audit exposure.

Contact Shore Financial Planning or call (732) 704-8982.

Book a Tax Reduction Analysis

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