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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.
When contracted by one or more school districts, the substitute teacher is considered self-employed. In this case, the employing districts will report earnings on a Form 1099 and will not withhold or submit income taxes on the contractor's behalf.
Teachers are independent contractors only if (a) you do not control or direct how they teach their classes, (b) if teaching yoga is outside of your yoga business, and (c) the teacher has an independent business that is the same as they work they do for you.
There may be some factors suggesting a California worker is an employee and others suggesting he or she is an independent contractor. It is even possible that a worker can be considered an independent contractor for purposes of IRS tax filing, but they are considered an employee under California's wage and hours laws.
However, in some cases, a teacher may be claiming to be self-employed or the agency may insist that the teacher is self-employed on the basis that the teacher is not required personally to provide services (i.e. the agency can potentially send a substitute in your place).
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, not what will be done and how it will be done. Small businesses should consider all evidence of the degree of control and independence in the employer/worker relationship.
An Independent Contractor Agreement should contain all of these basic terms: Description of the services to be provided.Explanation of what the hiring party will provide or not provide, such as equipment, for the independent contractor to use. Ownership of work product if that is relevant to the work being performed.
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.
The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax. If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.