Independent contractors use 1099 forms. In California, if you report your income on a Form 1099, you are an independent contractor, while if you report it on a W-2 form, you are an employee.
If you are self-employed, your business address is outside the City of Los Angeles and you work within the City of Los Angeles for seven days or more in a calendar year, you are considered an eligible business and must apply for a Business Tax Registration Certificate.
In California, if you report your income on a Form 1099, you are an independent contractor, while if you report it on a W-2 form, you are an employee. Payroll taxes are automatically withheld if you are a W-2 employee; meanwhile, if you are an independent contractor, you are responsible for paying them.
Independent contractors don't need a license to operate in the state of California, but they may have other requirements based on where they build their business. Still others will vary based on the kind of work you do.
For a worker to be properly classified as an independent contractor (sometimes called a “1099 contractor” or “1099 employee”), they must pass certain tests under federal and state law. California employers have been subject to the “ABC test” since April of 2018 because of a California Supreme Court ruling.
The State of California aligns with the federal threshold. The payer should assess and file a Form 1099 based on each form's applicable federal threshold. However, the state mandates filing Form 1099-K if the network company acts as a third-party settlement entity and the payee is an app-based driver.