Tennessee Determining Self-Employed Contractor Status

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Multi-State
Control #:
US-505EM
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Description

This form is useful when determining whether or not a contractor is independent or a company employee.
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FAQ

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.

A business may pay an independent contractor and an employee for the same or similar work, but there are important legal differences between the two. For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes.

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 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.

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

When deciding whether you can safely treat a worker as an independent contractor, there are two separate tests you should consider: The common law test; and The reasonable basis test. The common law test: IRS examiners use the 20-factor common law test to measure how much control you have over the worker.

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.

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.

Some of the common characteristics of an independent contractor include:Furnishes equipment and has control over that equipment.Submits bids for jobs, contracts, or fixes the price in advance.Has the capacity to accept or refuse an assignment or work.Pay relates more to completion of a job.More items...

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Tennessee Determining Self-Employed Contractor Status