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How to Determine If a Person Is an Employee or Independent Contractor

As the gig economy continues to grow, more and more businesses are turning to independent contractors to complete work. However, it`s important to determine whether a worker is an employee or an independent contractor for legal and tax purposes. Here`s how to determine if someone is an employee or an independent contractor:

1. Control: The level of control a business has over a worker is a key factor in determining their status. If a business controls when, where, and how a worker completes their tasks, the worker is likely an employee. Independent contractors typically have more control over their own schedule and work.

2. Tools and Equipment: If a business provides all the tools and equipment necessary to complete a job, the worker is likely an employee. Independent contractors typically provide their own tools and equipment.

3. Payment: The way a worker is paid can also determine their status. Regularly scheduled paychecks and taxes withheld are signs of an employee, while independent contractors are typically paid on a project basis and responsible for their own taxes.

4. Benefits: Employees may receive benefits such as health insurance and paid time off, while independent contractors typically do not.

5. Duration of Work: An employee typically works for a business on an ongoing basis, while an independent contractor works for a specific project or timeframe.

It`s important to properly classify a worker as an employee or independent contractor to avoid legal and tax complications. If you`re unsure, seek legal advice or consult the IRS guidelines for further guidance.

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