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Employee or Contractor? IRS Guidelines

Here are the IRS guidelines used to determine whether or not an independent contractor truly is an:

Employee or Contractor?

  • Workers are generally considered employees if they:

  • Must comply with the employer's instructions about work.

  • Receive training from or at the direction of the employer.

  • Provide services that are integrated into the business.

  • Are aided by assistants who are hired, supervised and paid by the employer.

  • Have a continuing working relationship with the employer.

  • Must follow set hours of work.

  • Work full time for an employer.

  • Do their work on the employer's premises.

  • Must do their work in a sequence set by the employer.

  • Must submit regular reports to the employer.

  • Receive payments of regular amounts at set intervals.

  • Receive payments for business or traveling expenses.

  • Rely on the employer to furnish tools and materials.

  • Lack a major investment in the facilities or equipment used to perform the services.

  • Cannot make a profit or suffer a loss from their service.

  • Work for one employer at a time.

  • Do not offer their services to the general public.

  • Can be fired by the employer.

  • May quit work at any time without incurring liability.

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