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A real estate salesperson is treated as an independent contractor by the IRS if they meet three criteria: they must be licensed, their pay must be based solely on sales, and there must be a written contract stating their status. The correct choice is d. all of the above.
A salesperson is an individual engaged in the selling of merchandise or services. The salesperson can be a common law employee, an independent contractor, an employee by specific statute, or an excluded employee by specific statute.
However, the California Business and Professions Code does state that the relationship between a real estate broker and agent can be either an employee/employer or independent contractor relationship.
Most real estate brokers and sales agents are self-employed. Although they often work irregular hours, many are able to set their own schedules.
A real estate agent independent contractor agreement is a contract between a real estate company and a salesperson that details the terms of commission and expenses between the parties.
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The California law makes it clear that real estate agents can be classified as independent contractors with a simple three-part test (see first paragraph). The new federal regulations use the older totality-of-the circumstances test to determine whether an agent is an employee or independent contractor.

real estate independent contractor agreement pdf