Contact us whenever you need it!

phone

+1 855 997 0206

Contact Hours: Sun-Sat 9am - 7pm ET

LEGAL DICTIONARY

Self-Employed

What Does Self-Employed Mean?

When you are self-employed (also called self-employment), you work for yourself rather than for a specific employer who pays your wage or salary. Someone who is self-employed often has a variety of clients for whom they contract their work.

Self-employed people represent a wide range of occupations, including the following skilled professions:

What Are Independent Contractors?

Independent contractors are individuals who are self-employed and provide services to clients under a contract. They are not employees but work independently, often using independent contractor agreements or service agreements to formalize their arrangements with clients.

Why do independent contractors need a service agreement?

A service or contract agreement is crucial for both the contractor and the client. It provides a clear, written record of the terms agreed upon, including:

  • The specific goods or services to be provided.
  • Deadlines for delivery.
  • The payment details for completing the project.

Additionally, a well-drafted agreement helps protect both parties and serves as proof of the contractor’s self-employment status for tax purposes.

Key elements of an independent contractor agreement

An effective independent contractor agreement, according to contract law, should include the following:

  • Terms - States dates, names, and locations of the parties involved and a description of the tasks to be completed.
  • Responsibilities and Deliverables - A detailed outline of each party’s obligations and what the contractor is expected to deliver.
  • Payment details - The total payment amount along with when and how payments will be made (e.g., via bank transfer or check).
  • Confidentiality Clause (Non-Disclosure Agreement or NDA) - Specifies who owns the completed work and how the work and work process are protected.
  • Termination Terms - Defines the conditions under which the agreement can be ended
  • Choice of law - Identifies which state laws will govern the agreement, typically based on where the work is performed.

How Do Self-Employed People Pay Taxes?

Unlike salaried employees whose employers withhold taxes and issue W-2 statements, self-employed individuals are responsible for managing and paying their own taxes. This includes a self-employment tax, which covers contributions to Social Security and Medicare.

IRS definition of a self-employed individual

The IRS considers a person self-employed if they meet one of the following criteria:

  1. They operate a trade or business as a sole proprietor or independent contractor.
  2. They are a member of a partnership that operates a trade or business.
  3. They are in business for themselves, even if it’s part-time.

Filing taxes as a self-employed worker

As a self-employed worker, you must file a tax return with the IRS if your net earnings are $400 or more in a given year. You can calculate the tax you owe using Schedule SE on IRS Form 1040.

How to reduce taxable income with deductions

Independent contractors can lower their taxable income by claiming legitimate business deductions. However, the IRS requires detailed records for all deducted expenses. The IRS requires all deductible expenses to be:

  • Ordinary: Typical or common in your line of work.
  • Necessary: Essential for performing your job effectively.

Helpful Resources:
Investopedia - Self-Employment Definition

The Balance Small Business - What Does It Mean to Be Self-Employed?

Internal Revenue Service - Independent Contractor (Self-Employed) or Employee?

Royal Legal Solutions - Why Do Independent Contractors Love the S Corps?

What Does Self-Employed Mean?

When you are self-employed (also called self-employment), you work for yourself rather than for a specific employer who pays your wage or salary. Someone who is self-employed often has a variety of clients for whom they contract their work.

Self-employed people represent a wide range of occupations, including the following skilled professions:

What Are Independent Contractors?

Independent contractors are individuals who are self-employed and provide services to clients under a contract. They are not employees but work independently, often using independent contractor agreements or service agreements to formalize their arrangements with clients.

Why do independent contractors need a service agreement?

A service or contract agreement is crucial for both the contractor and the client. It provides a clear, written record of the terms agreed upon, including:

  • The specific goods or services to be provided.
  • Deadlines for delivery.
  • The payment details for completing the project.

Additionally, a well-drafted agreement helps protect both parties and serves as proof of the contractor’s self-employment status for tax purposes.

Key elements of an independent contractor agreement

An effective independent contractor agreement, according to contract law, should include the following:

  • Terms - States dates, names, and locations of the parties involved and a description of the tasks to be completed.
  • Responsibilities and Deliverables - A detailed outline of each party’s obligations and what the contractor is expected to deliver.
  • Payment details - The total payment amount along with when and how payments will be made (e.g., via bank transfer or check).
  • Confidentiality Clause (Non-Disclosure Agreement or NDA) - Specifies who owns the completed work and how the work and work process are protected.
  • Termination Terms - Defines the conditions under which the agreement can be ended
  • Choice of law - Identifies which state laws will govern the agreement, typically based on where the work is performed.

How Do Self-Employed People Pay Taxes?

Unlike salaried employees whose employers withhold taxes and issue W-2 statements, self-employed individuals are responsible for managing and paying their own taxes. This includes a self-employment tax, which covers contributions to Social Security and Medicare.

IRS definition of a self-employed individual

The IRS considers a person self-employed if they meet one of the following criteria:

  1. They operate a trade or business as a sole proprietor or independent contractor.
  2. They are a member of a partnership that operates a trade or business.
  3. They are in business for themselves, even if it’s part-time.

Filing taxes as a self-employed worker

As a self-employed worker, you must file a tax return with the IRS if your net earnings are $400 or more in a given year. You can calculate the tax you owe using Schedule SE on IRS Form 1040.

How to reduce taxable income with deductions

Independent contractors can lower their taxable income by claiming legitimate business deductions. However, the IRS requires detailed records for all deducted expenses. The IRS requires all deductible expenses to be:

  • Ordinary: Typical or common in your line of work.
  • Necessary: Essential for performing your job effectively.

Helpful Resources:
Investopedia - Self-Employment Definition

The Balance Small Business - What Does It Mean to Be Self-Employed?

Internal Revenue Service - Independent Contractor (Self-Employed) or Employee?

Royal Legal Solutions - Why Do Independent Contractors Love the S Corps?