Independent Contractor Analysis - Florida Department of Revenue 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin with Section I, where you will provide details about the employing unit/business. Fill in the name, address, and contact information accurately.
  3. Next, describe the type of work done by the employing unit/business and provide the worker's name and social security number.
  4. Continue through Section II by answering questions regarding the worker's relationship with the employing unit. Be sure to indicate if there was a written contract or if any training was provided.
  5. In Section III, if applicable, answer questions specific to salespersons. Provide any necessary license numbers.
  6. Complete Section IV only if you are the employing unit/business. This includes providing your reemployment tax account number and federal employer identification number.
  7. Finally, review all sections for accuracy before signing in Section V. Ensure that both parties have signed and dated the form.

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The primary test Florida uses is a multi-factor analysis derived from common law principles, which is more flexible than the strict ABC test used in some other states. The burden of proof falls squarely on the employer to demonstrate that a worker is genuinely an independent contractor.
Sole proprietors, freelancers, independent contractors, and one-person LLCs in the Sunshine State are subject to a variety of taxes, including Florida state taxes and federal taxes.
Independent contractors are required to take care of their own state and federal taxes and are not W2 employees. They will report their earnings on a 1099-MISC form, and they do not receive overtime pay. When employers report the work of staff on a W2, this automatically changes their status to that of the employee.
The Department of Labor (DOL) has issued a new rule that changes the way businesses classify independent contractors. On March 11, 2024, the new rule will take effect and will make it more difficult for businesses to determine whether someone is an employee or an independent contractor.

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