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Employee vs Contractor

Video:  W4 Employee vs 1099 Contractor 

Video Transcript: Transcript 

  • An Employee is hired by the employer to work on a regular basis in exchange for a wage, while a Contractor is a self-employed person who provides services to another organization for a fixed or contract rate. 
  • Employees work in someone else’s business, while Independent Contractors work for themselves and are their own boss. 
  • The Employer controls the days, timeframe and scope of hours worked for an Employee, while a Contractor is given a project with a deadline and the hours are not dictated. 
  • Employees are typically either part-time (hourly),  full-time (hourly or salary), permanent, and awarded benefits offered by the company while paying the Employer portion of the taxes (FICA, FUTA, SUTA).   
  • Contractors are often part-time, temporary, or project-based and receive limited to no benefits and pay self-employment taxes. Contractors generally receive a fixed compensation per job. 
  • An Employee fills out an IRS form W4 when they are hired, which gives instructions on how to set up their tax deductions.  They receive a W2 at the end of the year to enter in their Tax Return. 
  • Contractor fills out an IRS form W9 when they are hired, which gives the employer their tax ID number and address.  They receive a 1099 NEC (Non-employee Compensation) at the end of the year to enter in their Tax Return. 
  • Red Flags: If a client wants to put their 1099 contractors in Timekeeping, they are probably employees.   
  • We, as a third party, are not ultimately responsible for categorizing employee vs contractor.  This falls under the Human Resources side of the business, not the Payroll Department. 
  •   Examples of 1099 Contractors:   
    • Umpires or Soccer Referees 
    • Massage Therapist (rent space, work for themselves) 

University Course: https://learning.myisolved.com/courses/97 

Title: Payroll Basics
Course Description:  This course is designed for those new to payroll and who need a basic explanation of what it is that you're expected to do, know, and update as a payroll administrator.  In this video we will cover some of the basic responsibilities within the payroll department, employee classifications, and pay types 

 

IRS Article: 

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee  

Worker Classification 101: employee or independent contractor | Internal Revenue Service (irs.gov) 

Helpful Article: 

Employee vs. independent contractor: Differences you need to know | Legalzoom