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It is not clear-cut when determining whether someone is an independent contractor or agent. Meanwhile, if the individual is considered an independent contractor, you will be found not liable.The terms "agent" and "independent contractor" are not necessarily mutually exclusive. While both are independent contractors, and employees are agents of the principal. Time salesperson who works on behalf of an organization with wholesalers, retailers, contractors or hotel operators, etc. An independent contractor is a person who provides services to a company but is not an employee of that company. IRS: The IRS considers an individual to be an independent contractor if the payer controls only the body of work's results – not necessarily how it's completed. I am an independent contractor or in business for myself. Instead, in most cases, real estate agents are considered independent contractors. Independent Contractor Relationship.