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Like other small business owners, sole proprietors do have the ability to hire employees. As per the IRS, any time a sole proprietor hires an employee other than an independent contractor, the sole proprietorship will need to obtain an Employer Identification Number (EIN).
1. Not Having a Written Contract.The taxing, labor and employment, and insurance authorities expect a written contract that states that the worker is an independent contractor and will be paid as such with no tax withholding, no benefits, etc.
A sole proprietorship can use independent contractors for the term of the contract without any further obligation. If the sole proprietor no longer needs the independent contractor, the sole proprietor is under no obligation to extend the contract. This also allows a sole proprietor to try out potential employees.
Sole proprietors are commonly called self-employed. Instead, you're classified as an independent contractor, which is an individual that performs services for clients and customers without being considered an employee. All sole proprietors are independent contractors.
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. An independent contractor is someone who provides a service on a contractual basis.
For most types of projects you hire an independent contractor (IC) to do, the law does not require you to put anything in writing. You can meet with the IC, agree on the terms of your arrangement, and have an oral contract or agreement that is legally binding. Just because you can doesn't mean you should, however.
Do I need an EIN to hire an independent contractor? Yes, you will need to get the EIN (Employer Identification Number) for your contractor's business. If they provide individual services, a social security number will suffice.
You can hire 1099 workers for specific projects, but you can't control when or how they complete their jobs. You're not responsible for covering their Medicare and Social Security taxes, and you won't provide them with the same benefits as you would for a W2 worker.
Protect your social security number. Have a clearly defined scope of work and contract in place with clients. Get general/professional liability insurance. Consider incorporating or creating a limited liability company (LLC).