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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.
During President Donald Trump's administration, the DOL issued a final rule clarifying when workers are independent contractors versus employees. The rule applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.
A 1099 employee is a contractor rather than a full-time employee. These employees may also be referred to as freelancers, self-employed workers, or independent contractors. If you are a business that is contracting 1099 employees, determine what type of work this individual will do for your business.
People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors.
But there are three specific exceptions to this law: Employees could be held vicariously liable for the misconduct of independent contractors if employers were negligent in choosing or retaining the contractors. Employers could be held accountable if they assigned non-delegable tasks to the contractors.
If you paid someone who is not your employee, such as a subcontractor, attorney or accountant $600 or more for services provided during the year, a Form 1099-NEC needs to be completed, and a copy of 1099-NEC must be provided to the independent contractor by January 31 of the year following payment.
Persons who follow a trade, business or professions such as lawyers, accountants or construction contractors who offer their services to the general public are usually considered independent contractors.
All work required of the contract is performed by the independent contractor and employees. Independent contractors are not typically considered employees of the principal. A "general contractor" is an entity with whom the principal/owner directly contracts to perform certain jobs.
If you run a small business that hires 1099 contractors, also known as independent contractors, it is vital that you have them sign an independent contractor contract. This is because there is a significant gray area between who is classified as an independent contractor and who is classified as an employee.
Before you hire an independent contractor, you need to have three important documents:A W-9 form with the person's contact information and taxpayer ID number,A resume to verify the person's qualifications, and.A written contract showing the details of the agreement between you and the independent contractor.More items...?