Most real estate brokers and sales agents are self-employed. Although they often work irregular hours, many are able to set their own schedules.
However, the California Business and Professions Code does state that the relationship between a real estate broker and agent can be either an employee/employer or independent contractor relationship.
Licensed real estate agents are statutory nonemployees and are treated as self-employed for all Federal tax purposes, including income and employment taxes, if: Substantially all payments for their services as real estate agents are directly related to sales or other output, rather than to the number of hours worked.
A salesperson is an individual engaged in the selling of merchandise or services. The salesperson can be a common law employee, an independent contractor, an employee by specific statute, or an excluded employee by specific statute.
A California Real Estate Independent Contractor Agreement is a legal document that outlines the working relationship between a real estate agent (also known as a sales associate) and a brokerage firm. This agreement clarifies that the agent is an independent contractor, not an employee.
Real estate agents are generally accepted as independent contractors in the United States.
Under this law, a real estate agent is an independent contractor if they are: 1) licensed as a real estate agent; 2) substantially all of their renumeration is based on sales or output (i.e. commission); and, 3) have a written contract with the person/entity to whom they provide services.
Structure payments on a per-project basis, and require the contractor to submit invoices. Avoid salary payments, hourly payments, or any guaranteed “retainer” that is not tracked to performance. Specify the conditions for termination of the relationship—and do not make the arrangement terminable at will.
You need an independent contractor agreement when you want to hire a contractor to perform work for your business. Many important services can be obtained by hiring a contractor instead of an employee. Some of these services include: App development.