Employee, contractor, tomato, tomatho, potato, potatho, let's call the whole thing off! Okay, so it sounds a lot cuter when Fred Astaire and Ginger Rogers do this, but we have a lot of our clients that seem to get employees and contractors confused. And some of them do this because they want to avoid paperwork, taxes, overtime, and other headaches that can come with having employees. This becomes an issue, with the
IRS, since they have reason to believe that not all contractors pay their taxes
appropriately.
However,
it is not up to the employer to choose one over the other. The general rule is that an individual is an
independent contractor if the payer has the right to control or direct only the
result of the work and not what will be done and how it will be done. The
earnings of a person who is working as an independent contractor are subject to
Self-Employment Tax and they have to take care of that personally.
Below are the general characteristics of employees and independent contractors:
Independent Contractor
·
Free
from direction and control
·
Has
necessary skills and training to complete job
·
Has a
business location
·
Performs
services for multiple customers
·
Sets own
hours
·
Determines
own price for contracted services
·
Not
eligible for employee benefits
·
Provides
equipment and tools used to complete job
·
Supplies
materials needed to do job
·
Personally
liable for errors and/or accidents
·
Files
self-employment taxes
·
Has
right to hire and fire workers
·
Must
legally complete each contract
|
Employee
·
Means
and manner of work are (or can be) controlled by employer
·
May be
trained by employer to perform job
·
May work
at employer’s business location
·
Works
for one employer, may serve that employer’s customers
·
Hours
set by employer
·
Accepts
wage, salary, or commission determined by the employer
·
Employer
may provide and control equipment and tools
·
Employer
may purchase materials and supplies
·
Employer
liable for employee errors and/or accidents
·
Is hired
and can be fired by employer
·
May quit
working for an employer at any time
·
Employer
may require specific attire to be worn while at work such as a uniform or
shirts with company logo
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