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Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.
To close accounts with the SC Dept. of Revenue accounts online, go to MyDORWAY.dor.sc.gov. To close SC Dept. of Revenue accounts by paper use the form C-278 Account Closing Form.
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. Is not subject to the control of his employer except for the result of the work.
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 ...
Here are some steps you may use to guide you when you write an employment contract: Title the employment contract. ... Identify the parties. ... List the term and conditions. ... Outline the job responsibilities. ... Include compensation details. ... Use specific contract terms. ... Consult with an employment lawyer.
If a person is on an employer's payroll and receives a steady paycheck, clearly that the person is an employee rather than an independent contractor. Other considerations when identifying someone as an independent contractor may include: If the worker supplies his or her own equipment, materials and tools.
You must withhold South Carolina state taxes at the same time wages are earned by employees working in South Carolina. An employee who works in another state but is a resident of South Carolina will have taxes withheld for the other state.
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.