Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor
. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor.
So - you need to determine if the worker is your employee or a contractor.
If, after reviewing all circumstances, it is still unclear whether you are an employee or an independent contractor, Form
SS8, Determination of Worker Status for Purposes of Federal
Tax Withholding -
- can be filed with the IRS.
The form may be filed by either the business or the worker.
The IRS will review the facts and circumstances and officially determine the worker's status.
Be aware that it can take at least six months to get a determination.