1. The worker is free from control and direction in performing the services.
The worker is not supervised by the business owner and is able to work independently.
2. The worker performs services that are outside the usual course of the employer's business.
The worker is not doing work that is typically done by employees of the business. For example, a graphic designer who works for a marketing company would not be considered an independent contractor if they were designing marketing materials, but they would be considered an independent contractor if they were designing a website for the company.
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the service performed.
This point can be a little tricky to determine. The IRS looks at whether or not the worker has their own client base and whether or not they are performing services similar to the ones being performed for the business in question.
4. The worker receives payment for services rendered on a regular basis, such as hourly, weekly, or monthly payments.
The worker is not paid just once for a job that is completed. They are paid regularly for the services that they provide.
5. The worker has a significant investment in equipment or tools used to perform the services.
he worker does not just use their own tools or supplies, but rather has invested a lot of money into equipment or tools that are necessary to complete the job tasks.
6. The worker hires assistants to help with the work.
The worker is not doing all of the work themselves, but rather has hired assistants to help them with the task at hand.
7. The workers are able to make their own hours and set their own schedule.
The workers are in charge of their own hours and how they spend their time working. They are not told what to do by the business owner.
8. The workers provide their own supplies and materials needed to complete the job tasks.
The workers bring their own supplies and materials to the job site and are not supplied by the business owner.