Illinois Determining Self-Employed Independent Contractor Status

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US-AHI-075
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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

The independent contractor is responsible for paying his own income taxes, Social Security and Medicare taxes. If the person is determined to be an employee but you have treated him or her as an independent contractor, it can be a costly mistake for your business.

What Is an Independent Contractor? An independent contractor is a self-employed person or entity contracted to perform work foror provide services toanother entity as a nonemployee. As a result, independent contractors must pay their own Social Security and Medicare taxes.

Four ways to verify your income as an independent contractorIncome-verification letter. The most reliable method for proving earnings for independent contractors is a letter from a current or former employer describing your working arrangement.Contracts and agreements.Invoices.Bank statements and Pay stubs.

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.

To set yourself up as a self-employed taxpayer with the IRS, you simply start paying estimated taxes (on Form 1040-ES, Estimated Tax for Individuals) and file Schedule C, Profit or Loss From Business, and Schedule SE, Self-Employment Tax, with your Form 1040 tax return each April.

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.

Paying yourself as an independent contractor Independent contractor pay allows your business the opportunity to stay on budget for projects rather than hire via a third party. As an independent contractor, you will need to pay self-employment taxes on your wages. You will file a W-9 with the LLC.

As an independent contractor, you may have more freedom to choose how you complete your work, but you are responsible for paying your own taxes, getting your own health insurance, and paying into unemployment and workers comp funds if you wish to access those benefits.

Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.

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Illinois Determining Self-Employed Independent Contractor Status