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In the event that you are not paid as an employee, you are considered an independent contractor and must have a business license.
Many California counties require businesses to obtain a business operating license before doing business in the county. This requirement applies to all businesses, including one-person, home-based operations.
In September of 2019, Governor Newsom signed Assembly Bill (AB) 5 into law. The new law addresses the employment status of workers when the hiring entity claims the worker is an independent contractor and not an employee.
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. If you are an independent contractor, then you are self-employed.
Any business owner must obtain a general business license in the city in which your business is located. Some California cities refer to a business license as a business tax certificate. Businesses that are operated in unincorporated sections of the state must obtain their license or tax certificate on a county basis.
An individual is an independent contractor in California only if they meet all three (3) requirements of the test:The worker remains free from managerial direction and control related to the worker's performance.The worker performs duties outside the scope of the company's course of business.More items...?
There may be some factors suggesting a California worker is an employee and others suggesting he or she is an independent contractor. It is even possible that a worker can be considered an independent contractor for purposes of IRS tax filing, but they are considered an employee under California's wage and hours laws.
California's contractor laws state that an independent contractor is a person or business who provides a specific service to another company in exchange for compensation. It further says that the independent contractor is under managerial control for results and not how he or she accomplishes the work.
If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. For more information on your tax obligations if you are self-employed (an independent contractor), see our Self-Employed Individuals Tax Center.
Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.