Arizona Memo - Using Self-Employed Independent Contractors

State:
Multi-State
Control #:
US-AHI-076
Format:
Word
Instant download

Description

This AHI memo is regarding the use of independent contractors. The memo list certain criteria that an independent contractor must meet.

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FAQ

If you are an independent contractor, then you are self-employed. The earnings of a person who is working as an independent contractor are subject to self-employment tax. To find out what your tax obligations are, visit the Self-Employed Individuals Tax Center.

The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.

However, unlike an employee of a company, someone who gets a Form 1099 typically needs to purchase their own health insurance policy. While a 1099 worker usually doesn't qualify for employer-sponsored health coverage in California, they can still qualify for a private individual or family insurance policy.

Under normal circumstances (at least here in Arizona), businesses do not pay State or Federal unemployment taxes on compensation paid to independent contractors. As a result, independent contractors have not been eligible to apply for or receive unemployment benefits.

Whatever you call yourself, if you are self-employed, an independent contractor, or a sole proprietor, a partner in a partnership, or an LLC member, you must pay self-employment taxes (Social Security and Medicare). Since you are not an employee, no Social Security/Medicare taxes are withheld from your wages.

Arizona allows employers to request that individuals classified as independent contractors sign a Declaration of Independent Business Status (DIBS). The execution of a DIBS is not mandatory in order to establish the existence of an independent contractor relationship between a business and an independent contractor.

Do independent contractors qualify for unemployment insurance? Yes, with the passing of the CARES Act, independent contractors, gig workers, and self-employed individuals are eligible for unemployment insurance if they are unable to work due to COVID-19.

Are self-employed, are seeking part-time employment, lack sufficient work history, or. otherwise do not qualify for regular unemployment compensation or extended benefits under state or Federal law or PEUC.

The new law allows Arizona employing units and independent contractors to establish their shared intent for the status of their relationship from its inception by permitting employing units to require their independent contractors to execute declarations affirming that their relationship with the business is as an

Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.

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Arizona Memo - Using Self-Employed Independent Contractors