IRS factors to consider by courts in determining whether an individual is an employee or an independent contractor

The IRS defines an "employee" for employment tax purposes as "any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee."   The facts that provide evidence can fall in three major categories: Behavioral Control; Financial Control; and Types of Relationship.

What fators weight more than others?

Under common law rules, prior court cases had placed emphasis on the direct control and the method and manner in which the work is to be done.

Few of the many factors the IRS consider are:

1- the degree of control exercised by the principal;

2-whch party invests in the work facilities used by the worker;

3-the opportunity of the individual for profit or loss;

4-whether the principal can discharge the individual

5-whether the work is part of the principal's regular business;

6-the permanency of the relationship;

7-whether the worker is paid by the job or by the time;

8-the relationship the parties believed they were creating;

9-the provision of employee benefits;

10-training provided by the employer;

11-set hours of work;

12-doing work on the employer's premises;

13-furnishing tools and materials;

14-worker not making his/her services available to the general public on a regular and consistent basis;

15-requiring the worker to submit oral or written reports;

16-requiring the worker to provide the job on a sequence or order set by the employer;

17-a requirement that the work be performed personally;and

18-any other factors that the court determine relevant and based on the evidence presented under the circumstances.

The Texas Workforce Commission (TWC) have their own set of rules in their determination.  For a clear understanding of the man factors, you must consult the TWC, IRS regulations.

Source(s): various IRCs like Sec 3121 and  Sec. 3003.

May want to consult your tax attorney. 

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