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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.
An employee usually has no investment in the work other than his or her own time. An independent contractor often has a significant investment in the facilities he or she uses in performing services for someone else. However, a significant investment is not necessary for independent contractor status.
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
Online. Use e-Services for Business to submit a Report of New Employee(s) (DE 34). Submit a paper report of new employees by mail or fax using one of the following options:Mail. Mail or fax your paper DE 34 to: Employment Development Department.Fax. Fax your form to 1-916-319-4400. Additional Resources.
Make sure you really qualify as an independent contractor. Choose a business name (and register it, if necessary). Get a tax registration certificate (and a vocational license, if required for your profession). Pay estimated taxes (advance payments of your income and self-employment taxes).
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. 4.
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.
For less than 25 forms, call 916-657-0529 or call 888-745-3886. HOW TO REPORT: EMPLOYMENT DEVELOPMENT DEPARTMENT. PO Box 997350, MIC 96. Sacramento, CA 95899-7350.
Download a fill-in DE 542 (PDF) from the EDD website. Order through the Online Forms and Publications page. Print your data directly from your computer to the DE 542 by following the Print Specifications (PDF). Call the Taxpayer Assistance Center at 1-888-745-3886 to obtain a form.