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Understand the difference between employees and independent contractors

by Intuit • Image Alt Text 38
Image Alt Text Updated 5/26/2026 02:30

Learn the basics about classifying a new worker as an employee or an independent contractor.

Deciding if you can hire someone as an employee or independent contractor is a big decision. It impacts taxes, what you need to do for payroll, and more. The government has a lot of rules around this, but here is a basic overview and some links that may help you.

Employee vs. independent contractor

An employee is a person hired by the employer. The employer generally has more control over an employee. An independent contractor is a self-employed person who provides services to businesses, generally on their terms. Use IRS guidelines to determine your worker classification.

Here are some helpful guidelines:

If your worker is an employee, you must:

  • Withhold payroll taxes like income, Social Security taxes, and Medicare taxes.

  • Match the employee's Social Security and Medicare taxes.

  • Pay federal and state unemployment taxes on employee earnings.

  • Issue a Form W-2 after the end of the year.

If your worker is an independent contractor:

  • You shouldn't withhold any payroll taxes. 

  • You shouldn't pay federal and state unemployment taxes.

  • You should send a form 1099-NEC or 1099-MISC after each year.

Set up your workers

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