Who is a Common-Law Employees (Employee)?
Under common-law rules, anyone who performs services for you is your employee is you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed. To determine whether an individual is an employee or independent contractor under the common law, the relationship of the worker and the businessmust be examined. All evidence of control and independence must be considered. In an employee-independent contractor determination, all information that provides evidence of the degree of control and degree of independence must be considered. Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties. Refer to Publication 15-A, Employer’s Supplemental Tax Guide for additional information. Who is an Employee? A general rule is tha
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