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Independent Contractor Qualification

Independent Contractor Qualification

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Published by Sherwin Steffin
This short set of 20 questions is what is used by the IRS and other agencies to determine whether you are properly classified as an Independent Contractor, rather than a regular employee.
This short set of 20 questions is what is used by the IRS and other agencies to determine whether you are properly classified as an Independent Contractor, rather than a regular employee.

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Categories:Types, Business/Law
Published by: Sherwin Steffin on Nov 10, 2008
Copyright:Attribution Non-commercial

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05/25/2012

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Independent Contractor Qualification
Purpose:
The following questions are for your use in determining whether you are correctlybeing paid as an Independent Contractor, or whether you should be treated as aregular taxable employee. While it may appear that you will make more moneyunder this arrangement, you should be aware of the following:1.The recipient of your services will make no tax or benefit deductions from yourpaycheck. Payments will be made based upon a schedule established betweenyou and your client (“The EMPLOYER”), which may or may not follow its regularpayment plan to its employees.2.Instead of receiving a from W-2 for your earnings, you will instead be issued aForm 1099. Your employer has no responsibility for making any tax deductions.3.You are not entitled to any benefits offered by The EMPLOYER to its employees. You are operating your own business, and as such are responsible for allexpenses which you incur during the course of executing this work.4.Specifically you should be aware that The EMPLOYER has no liability forWorkmen’s Compensation or any disability you may suffer as a result ofperformance of work for the company.5.While you will be receiving a larger take-home check, since no deductions arebeing taken by the employer, you should be aware that your tax obligations asan Independent Contractor will be greater than they would be as a regularemployee.Put an X in the column that correctly answers each question. In the event that anyQuestion, other than Questions 16 is answered “Yes,” or that item 16 is answered“No,” you have failed to qualify as an Independent contractor.NoYesQuestions1. Are you required to comply with instructions about when,where and how the work is done?2. Are you provided training that would enable you to performyour work for the recipient of your services, in a particularmethod or manner?3. Are the services provided you an integral part of the business'operations?4. Must the services be rendered personally by you?5. Does the recipient of your services hire, supervise, or payassistants to help the you perform your work?6. Is there a continuing relationship between you and the personor organization, for whom the services are performed?7. Does the recipient of the services set the work schedule?

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