"

Employee or Independent Contractor? Know the Rules

May, 01 2017 by Haley McClellan
Independent Contractor written on a blue note of paper

The IRS encourages all businesses and business owners to know the rules when it comes to classifying a worker as an employee or an independent contractor.

An employer must withhold income taxes as well as pay Social Security, Medicare tax, and unemployment tax on wages paid to an employee. Employers normally do not have to withhold or pay any tax on payments to independent contractors. 

Here are some differences between an employee and an independent contractor: 

Employee 
 

  • Usually works for one employer. 
  • Accomplishes tasks in the manner the employer has requested; under owner's control. 
  • Often receives employment benefits, such as health insurance, 401k, etc. 
  • Will receive worker's compensation for any workplace injury. 
  • Covered by federal and state wage and hour laws. 
  • Usually works at employer's office. 
     

Independent Contractor 
 

  • Sets their own hours. 
  • Works from their own office/home. 
  • Possess more autonomy in deciding how to go about accomplishing their tasks. 
  • Incurs costs associated with the job. 
  • Not eligible for worker's compensation 
  • Is not subject to tax or FICA withholding, but pays his or her own self-employment tax. 
 

Here are a couple of points for business owners to keep in mind when it comes to classifying workers:  

 

Control 
 

  • What is the extent of the worker's investment in the facilities or tools being used? 
  • How are you compensating the worker for the services they perform? 
  • Does the worker experience a realization of profit or incurring a loss? 
     

Relationship  

 
  • A written contract that describes the relationship between the worker and the business. 
  • Does the business provide the worker with employee-type benefits? 
  • What is the permanency of the worker? 
  • Is the worker reimbursed for business expenses? 
 

How the employer and worker perceive their relationship is also important for determining worker status. 

The IRS can help employers determine the status of their workers by using form Form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. IRS Publication 15-A, Employer's Supplemental Tax Guide, is also an excellent resource.

Recent Articles

Congress enacted the SECURE 2.0 Act of 2022 (SECURE 2.0), which adjusted some of the contributions you can make to your retirement plans.
What does the balance sheet represent in your tax return? A balance sheet is a financial statement that reports a company's assets, liabilities, and equity.
How much the IRS charges for a payment plan or Installment Agreement depends upon the amount of debt owed, type of agreement, and other factors. Let's explore.
The Saver’s Tax Credit is available to qualifying taxpayers who make eligible contributions to an IRA, qualified employer retirement plan, or ABLE account.
This blog does not provide legal, financial, accounting, or tax advice. The content on this blog is “as is” and carries no warranties. TaxAudit does not warrant or guarantee the accuracy, reliability, and completeness of the content of this blog. Content may become out of date as tax laws change. TaxAudit may, but has no obligation to monitor or respond to comments.