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Determining Self-Employed Independent Contractor Status

Queens New York Determining Self-Employed Independent Contractor Status

Name: Queens New York Determining Self-Employed Independent Contractor Status
Brand: US Legal Forms
Rating: 4.57 (420 reviews)

Category:

Employment - Independent Contractors

State:

Multi-State

County:

Queens

Control #:

US-AHI-075

Format:

Instant download

Description

This AHI checklist is used to determine the status of an independent contractor. The form is based on the IRS form SS-8.

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FAQ

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.

These factors are: (1) the kind of occupation, with reference to whether the work usually is done under the direction of a supervisor or is done by a specialist without supervision; (2) the skill required in the particular occupation; (3) whether the employer or the individual in question furnishes the equipment used

Factors that have been considered by the courts in determining whether a worker is an employee include: control and direction; contract and practical relationship; contracts to achieve a 'given result'; independent business; power to delegate; risk; provision of tools and equipment; and. other indicators.

Control of assistants. If a company hires, supervises, and pays a worker's assistants, this control indicates a possible employment relationship. If the worker retains control over hiring, supervising, and paying helpers, this arrangement suggests an independent contractor relationship.

What Is an Independent Contractor? An independent contractor is a self-employed person or entity contracted to perform work foror provide services toanother entity as a nonemployee. As a result, independent contractors must pay their own Social Security and Medicare taxes.

The Common Law Test is a guide used by the IRS to determine if a worker should be classified as an employee or an independent contractor. The standard Common Law test indicates a worker is likely an employee if the employer has control over what work is to be done and how to get it done.

There must be a written contract in place. Contractors must have income tax withheld.

A worker must also demonstrate special skills and initiative in order to be considered a contractor. A contractor makes decisions that require business skills, judgment, and initiative in addition to technical ability. Therefore, a worker performing routine tasks is unlikely to be classified as a contractor.

Four ways to verify your income as an independent contractor Income-verification letter. The most reliable method for proving earnings for independent contractors is a letter from a current or former employer describing your working arrangement.Contracts and agreements.Invoices.Bank statements and Pay stubs.

Independent contractors provide agreed services under a contract for those services. They usually negotiate their own fees and working arrangements and can work for more than one client at a time. Independent contractors are often called contractors or subcontractors.

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Queens New York Determining Self-Employed Independent Contractor Status

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