A work at home position will be more likely to be classified as an independent contractor position if:
- The worker may have unreimbursed business expenses from the home-based employment endeavor. This may include office supplies, cost of job-related internet access and other business expenses
- The employer does not control how work is done, but rather only the end result that is delivered to the employer.
- The Employer does not provide training to the employee or contractor.
- The person who works at home provides his/her own assets or property for use while performing his/her job.
- The home-based opportunity is truly independent... whether the worker can realize a profit or loss, hire others, control how work is done, and/or provide the same service to other employers.
- There is a Work at home Contractors or other written Agreement governing the relationship and deeming it an independent contractor position.
- The employer does not treat the contractor the same way it treats other non-contractor employees, such as by providing the same benefits and rules.
- The position is more like an individual project or contract position rather than a regular, permanent job or work opportunity.
- The person who works at home uses his/her own equipment or other assets instead of having them provided by the employer.
The fact that a worker uses his/her own property, including his or her home office, to do the work, utilizes his/her own methods for doing the work and works independently at home are all key considerations, in addition to many others, when making a determination concerning whether a home-based job is an independent contractor position or regular employee position.
More information concerning work at home employees and independent contractors is also available from the Internal Revenue Service at irs.gov/taxtopics/tc762.html and Publication 15-A at http://irs.gov
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