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  Employee vs Contractor  

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Personal Tax -> Employee vs contractor
Business -> Employee vs contractor

Are you an employee or a self-employed independent contractor?

The question of whether a person is in a business relationship (self-employed independent contractor) or in an employee-employer relationship is not one that is always easy to answer.  There have been many court cases on this subject.  The courts generally look at the following criteria in making their decisions:

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control - more control is generally exercised by an employer over an employee than by a client over a self-employed person

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chance of profit/risk of loss - self-employed persons usually have some degree of financial risk, and more opportunity for profit than employees

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integration - an employee's job will be an integral part of an employer's business, where the tasks performed by a self-employed person will likely be less integrated with the client's business

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tools and equipment - self-employed persons are more likely to be supplying their own tools and equipment, as well as being responsible for their maintenance

These topics are further explained in the CRA publication RC4110 Employee or self-employed.  A comprehensive checklist is also provided in this publication.  This checklist is useful for a worker or a payer (employer/client) to help determine whether their relationship is a business relationship or an employer/employee relationship.

Court cases:

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Supreme Court of Canada 67112 Ontario Ltd. vs Sagaz Industries Canada Inc., June 2001 - although this is a vicarious liability case, not a tax case, it sets out the above criteria in determining the differences between employee and self-employed person.

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Tax Court of Canada Preddie v. the Queen, March 2004 - appellant was working as a tutor.  The Tax Court determined that he was self-employed, not an employee.

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Tax Court of Canada Woodland Insurance vs Minister of National Revenue, February 2005 - this is an Employment Insurance and Canada Pension Plan case, where the Court ruled that Woodland Insurance was liable for EI and CPP premiums, because the worker was an employee, not self-employed.

Employee advantages

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qualify for employment insurance

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Canada Pension Plan premiums paid 50% by employer

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participation in employee benefits, including:
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vacation pay

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provincial medical plan

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extended health benefits - medical, dental, vision care

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disability insurance

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pension plans

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workers' compensation coverage

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higher rate of pay for overtime hours

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more difficult to be terminated

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severance pay if terminated

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no record keeping required

Employee disadvantages

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must pay employment insurance premiums - see EI premium rates

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very few expenses are tax-deductible - see our article on deductible employment expenses

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less control over working conditions and hours

Self-employed advantages

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no employment insurance premiums

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more expenses are tax-deductible - for example, expense of travelling to and from clients' places of business is tax-deductible

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more freedom to choose own working hours

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can work for more than one client

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in first year of operation, income tax not payable until April 30th following first year end - see choosing a year-end on our Small Business page

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opportunity for increased profits

Self-employed disadvantages

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no severance pay if terminated

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cannot collect employment insurance

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must pay employee and employer portions of Canada Pension Plan contribution - see CPP contribution rates

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more record-keeping required

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often work longer hours with no extra pay

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cost of purchasing and maintaining own equipment

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risk of loss

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liable if contract obligations not fulfilled, thus liability insurance may be needed

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no employee benefits

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after first year-end, usually must make income tax installment payments

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must register to collect GST, except for small suppliers - see who has to collect GST on our GST page

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must register to collect PST in most provinces - see our PST page.

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cash management and planning required to ensure funds available for tax remittances

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may require services of bookkeeper or accountant for the record-keeping and government reporting

For more information for self-employed individuals, see our Business page.

Tax Tip:  Determine whether you are an employee or self-employed contractor at the start of your work contract.

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Revised: November 18, 2009

 

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