Is that worker a contractor or an employee?
The ATO has an online tool that can help, and the following table can help decide the status of a worker.
Factor | Indicative of an employee | Indicative of an independent contractor |
Does the worker have control over the way a task is performed? | No | Yes |
Do they supply/maintain their own tools or equipment? | No | Yes |
Do they work standard hours? | Yes | No |
Are they paid according to task completion, rather than receiving wages based on time worked? | No | Yes |
Does the worker incur any loss or receive any profit from the job? | No | Yes |
Do they accept responsibility for any defective or remedial work that was their doing? | No | Yes |
Are they free to work for others at the same time? | No | Yes |
Do they accept that work lasts for the term of each particular task or contract? | No | Yes |
Does the worker have the right to employ or subcontract any aspect of their work to another person? | No | Yes |
Do they have the right to employ an apprentice or trainee in the execution of contracts? | No | Yes |
Does the worker understand the arrangement with you as a contract for services? | No | Yes |
Do you, as employer, deduct tax from the worker’s pay? | Yes | No |
Does the worker provide their own public liability and sickness and accident insurance cover? | No | Yes |
Do they receive paid holidays or sick leave? | Yes | No |
Do they render tax invoices for payment? | No | Yes |
Do they file GST returns? | No | Yes* |
* They may not if turning over less than $75,000.
The following ATO video dispels the myths surrounding contractors versus employees.