Independent Contractor Status Determination Form - University of 2025

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Employees are typically guaranteed a regular wage amount for established work periods. Independent contractors are typically paid by the job or by the hour on a contract basis. Can the worker make a profit or suffer a loss on the work performed? If so, the worker is an independent contractor.
California Common Law Test and the ABC Test To determine whether someone is an independent contractor or an employee, California uses a strict three-part ABC test that was first articulated in the 2018 California Supreme Court decision Dynamex Operations West, Inc v.
Some of the factors considered in the test include the opportunity for profit or loss, investment, permanency, control, whether the work is an integral part of the employers business, and skill and initiative.
The general rule is that an individual is an independent contractor if the person for whom the services are performed has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
What Documents Are Needed to Legally Establish Independent Contractor Status? Get a Form W-9. The first step to working with an independent contractor is getting a W-9 form. Agree on the agreement. Request an invoice. Finally, the 1099-NEC.
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Get a Form W-9 The first step to working with an independent contractor is getting a W-9 form. You cant complete your 1099-NEC* forms without it. The W-9 form captures the name, address and taxpayer identification number (TIN) of each contractor who requires a 1099-NEC.
Form SS-8. If it is still unclear whether a worker is an employee or an independent contractor after reviewing the three categories of evidence, then Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, can be filed with the IRS.
Generally, if youre an independent contractor youre considered self-employed and should report your income (nonemployee compensation) on Schedule C (Form 1040), Profit or Loss From Business (Sole Proprietorship).

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