Employment Status — Employee v. Independent Contractor (Portfolio 391)

Bloomberg Tax Portfolio, Employment Status — Employee v. Independent Contractor, No. 391, describes in detail who is “employee” for federal employment tax purposes is and emphasizes the controversial difference between “employee” and independent contractor. Defining the “employee” requires an examination of both the applicable common law factors and any special statutory provisions in the area.

This Portfolio examines the definition of employee, as well as the definition of wages and of employer for federal employment tax purposes. Since the authorities do not form a cohesive whole, each occupation is also examined separately under the common law rules and — when applicable — under the special statutory rules. Attempted statutory solutions to this controversial area have been examined in particular detail, both as to their applicability as well as their effectiveness.