Syd is an independent contract

Syd is an independent contractor driving for Uber. He currentlyuses his own car and drives whenever he chooses to supplement isfull-time position as a factory assembly line worker. Please answerthe following, briefly explaining your answers.

Is Syd be properly classified as independent contractor forfederal income tax purposes?

Would the analysis be the same under the recent Californiasupreme court (Dynamex) case?

What key factor do these two tests have in common?

Answer:

1. According to Federal tax law Independent contractor isresposible for payment of federal and self employed taxes ifhis/her gross income is more than $3000 or if net income i.e.,income less expenses is more than $400.

Therefore Syed is classified as an independent contractor forfederal income tax purposes.

2. In California supreme court(Dynamex) case it is said thatthere is no set of definition of what an “Independent Contractor”is.It is relied on interpretations and previous court rulings.Somefactors has to be considered to determine whether a worker is anindependent contractor or an employee.

3. In both the cases there is no definite definition forIndependent contractors.

Some key factors are considered to decide as an independentcontractor or an employee as below

  • whether the on performing has been engaged in any otherbusiness.
  • the skill required in the particular occupation
  • the length of time for which services are to be provided
  • the method of payment whether by time or by job
  • whether the work is related to the regular business ofprincipal.

 
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