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There are three different tests commonly used to determine if a worker is an employee or independent contractor: 1) the IRS 20-factor analysis; 2) the economic realities test; and, 3) the common law agency test.

If you have a written contract to complete a specific task or project for a predetermined sum of money, you are probably a 1099 worker. However, if your employment is open-ended, without a contract and subject to a job description, you will typically be considered an employee.

1099 employees are self-employed independent contractors. They receive pay in accord with the terms of their contract and get a 1099 form to report income on their tax return. A W2 employee receives a regular wage and employee benefits.

AB 5 requires the application of the ABC test to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders.

What is the IRS 20-Factor Test? The IRS 20-Factor Test, commonly referred to as the Right-to-Control Test, is designed to evaluate who controls how the work is performed. According to the IRS's Common-Law Rules, a worker's status corresponds to the level of control and independence they have over their work.

For purposes of determining whether a worker is an independent contractor or an employee, the most important factor to the IRS is: the degree of control the business exercises over the worker.

Pursuant to California labor law, the basic test for determining whether a worker is an independent contractor versus an employee is whether the employer has the right to direct and control the manner and means by which the work is performed.

MISC is used to report payments made to independent contractors (who cover their own employment taxes). A W2 form, on the other hand, is used for employees (whose employer withholds payroll taxes from their earnings).

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.

Palm Beach Florida IRS 20 Quiz to Determine 1099 vs Employee Status

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