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This document helps differentiate between an independent contractor and an employee, outlining the characteristics and implications of each role to avoid potential issues with the IRS.
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How to fill out independent contractor vs employee

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How to fill out Independent Contractor vs. Employee

01
Identify the nature of the work being performed.
02
Determine the degree of control you have over the work process and schedule.
03
Assess whether the worker has the opportunity for profit or loss.
04
Evaluate the relationship between the worker and the business.
05
Review the method of payment – hourly, salary, or commission.
06
Check for any written contracts that outline the relationship.
07
Consider how integral the work is to your business.

Who needs Independent Contractor vs. Employee?

01
Businesses needing flexible labor arrangements.
02
Companies looking to limit liability and tax obligations.
03
Employers requiring specialized skills for short-term projects.
04
Individuals offering freelance services or gig economy workers.
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An independent contractor is a self-employed individual or business that provides services to another entity under terms specified in a contract, while an employee is an individual who works for an employer under a contract of employment which typically includes benefits, wages, and adherence to the employer's policies.
Employers who hire individuals as independent contractors or employees are required to file the necessary tax forms with the IRS, including Form 1099 for independent contractors and Form W-2 for employees.
To fill out the forms, employers should gather the necessary information about the individual being hired, such as their name, address, social security number, and the amount paid for services. This information is then used to complete Form 1099 for independent contractors or Form W-2 for employees.
The purpose is to establish the nature of the working relationship between the hiring entity and the individual, which affects tax obligations, liabilities, and eligibility for certain benefits and protections.
The information that must be reported includes the individual's name, address, Social Security number or Taxpayer Identification Number, the total compensation paid during the year, and any taxes withheld for employees.
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