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Independent Contractor

  • Avoid a 10% penalty by knowing how to tax an independent contractor correctly
  • Employers often think they're dealing with an independent contractor as opposed to an employee, so they don't deduct any tax from his pay. You only deduct employees' taxes from the remuneration you pay to employees. But, if your 'independent contractor' is actually an employee, SARS will slap you with a 10% penalty for under deducting PAYE! Let's look at 4 easy ways to tell if a contractor truly i... ››› more
  • [15 November 2016]
  • Case Law: Is a worker an independent contractor or an employee?
  • Before August 2002, the Labour Court had to struggle with the problem of whether or not a worker was, under certain circumstances, an independent contractor or an employee. But in the case of Medical Association of SA & Others vs Minister of Health & Another (1997) 18 ILJ 528 (LC), a trade union applied to the Court on behalf of 9 of its members. These members were part-time district surgeons. ... ››› more
  • [14 December 2015]
  • Is he an employee or not? These three situations can help you figure that out
  • As an employer, it's important for you to know the difference between employees and independent contractors. Not knowing this, can cost you tens of thousands of rand for leave, claims for unfair dismissal and costly legal fees. Having said that, it's worth noting that the Code of Good Practice can provide helpful guidelines in determining who is an employee or who is an independent contracto... ››› more
  • [22 October 2015]
  • Don't confuse these five employees with independent contractors...
  • It is very important that you know what the difference is between employees, independent contractors, agency assignees, casuals and so on. Not knowing the difference can cost you thousands! You could also be held liable for unfair labour practices, unfair dismissal and, on top of that, you could end up dishing out huge amounts in legal fees. So to bring some clarity, here are five types of e... ››› more
  • [30 September 2015]
  • If you hire independent contractors, use these two tests to determine if you must tax them
  • If you hire independent contractors, you may be wondering if you have to tax them. After all, there are some situations when you will deduct tax from your independent contractors pay and some when you won't. Because of this, it can become extremely confusing and complicated. If you get the tax for your independent contractors wrong, you'll land yourself in hot water with SARS. We have a solu... ››› more
  • [18 November 2014]
  • Vicarious liability: Are you responsible for the actions of independent contractors?
  • Vicarious liability has to be the worst concept ever. It simply means you can be held liable for another person's wrongdoing even if you weren't at fault. This principle applies when it comes to your employees too. You're responsible for their actions. But are you vicariously liable for the actions of independent contractors? Read on to find out... Are you vicariously liable for the actions of ... ››› more
  • [18 March 2014]
  • Do you know how to tax your independent contractor?
  • One of the most common types of contactor your business will deal with is an independent contractor. And it's crucial that you get the tax treatment right. Read on to discover how to tax an independent contractor so you can save your business up to 200% in SARS penalties. The Practical Tax Loose Leaf Service defines an independent contractor as a contractor who is a natural person, such as a so... ››› more
  • [17 September 2013]
  • What to do when your independent contractor becomes an employee over time
  • You probably know that if you hire an independent contractor in your business, you MUST NOT deduct employees' taxes from the pay you give him. But will you know what to do when your independent contractor becomes your employee and is no longer your independent contractor? Read on to find out so you can avoid SARS penalties. One of the key differences between an employee and an independent contr... ››› more
  • [10 July 2013]

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