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CodyyyGardner Authors André Bothma

7 days 30 days All time Recent Popular
Andr\xe9 Bothma
André Bothma
@AndreBothmaTax
Tax thread: Employees vs independent contractors.

1. Legally, the two terms are mutually exclusive and are direct opposites... https://t.co/jR0PBMp32M

Employee works for an employer.
Independent contractor is basically an entrepreneur.

2. This highlights two key points:

An employer has some measure of control over the employee.

An "IC" (short for independent contractor) is "his own boss".

It is the responsibility of the employer to determine that a person is either an employee or an IC.

3. Where does PAYE come into play? PAYE is deducted from remuneration. Remuneration applies to employee earnings, whereas for IC's (on certain conditions), their earnings can be excluded from remuneration and therefore no PAYE.

This difference is the scenario of yesterday.

4. There are two important tools: Statutory tests and common law tests. They can be used to determine employee/IC status.

The statutory test is to see if a person is independent from 1: the person paying them;
2 who the work is done for

AND

5. Whether the person is subject to two main things: Control, OR
Supervision

If the person is not independent from the employer (for both the work and the pay) AND the employer has control or supervision of the person - PAYE will apply.
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