South Carolina Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
South Carolina requires that most contractors obtain a license when performing work in the state. Three different kinds of licenses ? general contractor (for work valued over $5,000), residential home builders, and residential specialty contractors ? are available depending on the type of work you'll be performing.
The IRS will review the facts and circumstances and officially determine the worker's status. Be aware that it can take at least six months to get a determination. A business that continually hires the same types of workers to perform particular services may want to consider filing the Form SS-8PDF.
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 test for distinguishing employees from independent contractors is if "the alleged employer has the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment." Four factors determine the right of control: direct evidence of right or exercise of ...
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...
The definition of an independent contractor has been developed by case law in South Carolina as one who: ? Exercises independent employment. ? Contracts to do a piece of work ing to his own methods.