Irs examiners use the 20factor common law test to measure how much control you have over the worker. Businesses specify these categories in the irs form ss8. If the services for were performed prior to january 1, 20, then the. It is crucial for employers to understand the distinction between the two aforementioned types of workers, considering the serious penalties that. Basically, the irs 20point checklist focuses on three main factors. The 20 factors identified by the irs are as follows. Federal tax purposes is made under a commonlaw test that has been incorporated into specific. Instructions for applying the 20 rule test the following factors, detailed in irs revenue ruling 8741, are intended as guidelines rather than strict rules in defining the employment relationship. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. This points to employeremployee relationships, provided that this method of. These factors are reflected on irs form ss8, this form can be downloaded at.
Taxes and income tax withholding pdf can be filed with the irs. Internal revenue service 20 point checklist for independent. The irs developed the 20factor test shown below to help employers evaluate whether a worker is an employee or an independent contractor. The irs developed the 20factor test shown below to help employers evaluate whether a worker is an. The twenty factors are designed only as guides for determining whether an individual is an employee. Check the most appropriate factor for the particular employment situation and then total the number of responses for each type of employment relationship.
There are 20 factors used by the irs to determine whether you have enough control over a worker to be an employer. Before sharing sensitive information, make sure youre on a federal government site. Independent contractor or employee the irs 20factor test. Irs 20 factor test on employment status state of michigan.
There is no magic or set number of factors that makes. Former irs twentyfactor test the previous twentyfactor test used by the irs can be seen in the test see appendix e of this article officially adopted by the texas workforce commission, the agency which enforces the state unemployment tax in texas. Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Independent contractor or employee the irs 20factor test michigan unemployment insurance law requires the irs 20factor test discussed in irs revenue ruling 8741 to determine if a person performed services as an employee or as an independent contractor. The irs formerly used what has become known as the twenty factor test. The irs 20 factor test applies only to services performed by an individual on or after january 1, 20. The irs 2o factor test uses 20 guidelines to determine whether a worker falls under the employee or independent contractor classifications.
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