Texas Memo - Using Self-Employed Independent Contractors
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FAQ
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.
Do independent contractors qualify for unemployment insurance? Yes, with the passing of the CARES Act, independent contractors, gig workers, and self-employed individuals are eligible for unemployment insurance if they are unable to work due to COVID-19.
A 1099 employee is a US self-employed worker that reports their income to the IRS on a 1099 tax form. Freelancers, gig workers, and independent contractors are all considered 1099 employees.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
If you are working full-time, but lost your part-time gig, contract, or self-employed work, you will not be eligible to receive PUA benefits. Because you are working full-time, you are considered fully employed and therefore are not eligible to receive unemployment benefits.
The Texas Payday Law applies only to employees, not to independent contractors (section 61.001(3)(B)). It covers only private employers; it does not cover governmental employers, i.e., a public employee who has a wage complaint may not file a wage claim under the TPL (see Section 61.003).
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.
If you are an independent contractor, a gig worker, or are self-employed in Texas, and you are out of work due to COVID-19, you may qualify for unemployment benefits through Pandemic Unemployment Assistance (PUA).
Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
Remember that an independent contractor is considered to be self-employed, so in effect, you are running your own one-person business. Any income that you earn as an independent contractor must be reported on Schedule C. You'll then pay income taxes on the total profit.
