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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.
The worker is not under the control of the employer for the performance of work. The work must not be within the usual course of the employer's business. The worker must be "customarily engaged" in an independent trade or business that is the same as the work performed for this employer.
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.
What is the IRS 20-Factor Test? The IRS 20-Factor Test, commonly referred to as the Right-to-Control Test, is designed to evaluate who controls how the work is performed. According to the IRS's Common-Law Rules, a worker's status corresponds to the level of control and independence they have over their work.
A worker does not have to meet all 20 criteria to qualify as an employee or independent contractor, and no single factor is decisive in determining a worker's status. The individual circumstances of each case determine the weight IRS assigns different factors.
The person must be a properly licensed real estate agent. Gross income from all output must be based on production and not on hours worked. A written agreement must exist between the independent contractor and the broker stating that the contractor will not be treated as an employee for income tax purposes.
The worker's opportunity for profit or loss depending on his or her managerial skill; the extent of the relative investments of the employer and the worker; whether the work performed by the worker requires special skills and initiative; the permanency of the relationship between the employer and worker; and.
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
The IRS's general rule is that an individual is considered an independent contractor if the payer of the services can only control the result of the body of work, not necessarily how it is completed. The independent contractor completes IRS Form W-9, and an employee completes the IRS W-4 tax form.
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.