Rules For Determining Independent Contractor Status

State:
Multi-State
Control #:
US-AHI-075
Format:
Word
Instant download

Description

This AHI checklist is used to determine the status of an independent contractor. The form is based on the IRS form SS-8.
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FAQ

Basically, an independent contractor is a freelance consultant who runs their own business, but completes a specific task or set of tasks for your project, for example, designing your website or writing a grant proposal. An employee is hired by your project to work under the direction of your project.

These factors are: (1) the kind of occupation, with reference to whether the work usually is done under the direction of a supervisor or is done by a specialist without supervision; (2) the skill required in the particular occupation; (3) whether the employer or the individual in question furnishes the equipment used

What is the main difference between an employee and an independent contractor? The main difference between the two is an issue of control, as established by income tax laws.

Florida uses a right of control test to determine whether a worker is an employee or independent contractor in most areas of the law.

Factors that have been considered by the courts in determining whether a worker is an employee include:control and direction;contract and practical relationship;contracts to achieve a 'given result';independent business;power to delegate;risk;provision of tools and equipment; and.other indicators.

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Requirements for reports. Independent contractor status.) 14. Sequence.Do you have the right to determine the order in which services are performed? The individual has an IRS Determination (SS-8) of independent contractor status. No: the individual meets less than 3 elements, STOP. An employee normally has the right to end the relationship with the employer at any time he wishes without incurring liability. Government Workers: For most workers, Common-Law Rules are applied to determine whether someone is an employee or an independent contractor. The degree of control and independence in your relationship determines if a worker is an employee or an independent contractor. Is a 1099 form enough?

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Rules For Determining Independent Contractor Status