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Tax & Compliance

Contractor vs Employee Classification (1099 vs W-2)

Collated by Aparna Devalla, CPA

Curated by Rubric Financial

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IRS Classification Criteria

  • The IRS uses a three-factor test — behavioral control, financial control, and relationship type — to determine whether a worker is an employee or independent contractor.
  • Behavioral control asks whether the company directs how, when, and where the work is performed; employees typically follow set schedules and use company-prescribed methods.
  • Financial control examines whether the worker has unreimbursed expenses, investment in equipment, opportunity for profit or loss, and availability to work for other clients.
  • Relationship type considers written contracts, benefits (health insurance, PTO, retirement), permanency of the relationship, and whether the work is a key activity of the business.

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