South Carolina Employment of Independent Contractors Package

State:
Multi-State
Control #:
US-P60701-PKG
Format:
Word; 
Rich Text
Instant download

Description

Package containing Sample Employment Forms for Independent Contractors
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FAQ

The definition of an independent contractor has been developed by case law in South Carolina as one who: Exercises independent employment. Contracts to do a piece of work ing to his own methods. Is not subject to the control of his employer except for the result of the work.

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.

South Carolina requires that most contractors obtain a license when performing work in the state.

Independent contractors are not covered under South Carolina's Workers' Compensation Act.

The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...

Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.

For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.

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South Carolina Employment of Independent Contractors Package