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The CRA is responsible for making CPP/EI rulings, that is, to determine whether any wages or payments are insurable under Canadian Pension Program and/or Employment Insurance program. The substance of a ruling is to determine whether an individual is an employee or a self-employed contractor. An employee can get EI benefits and contractor cannot.
In the United States, a worker is by default recognized as an employee unless otherwise stated and specific criteria are met. It is not enough to only classify a worker as an "independent contractor" in their contract, they also need to actually be treated as an independent contractor. Archived 2022-03-16 at the Wayback Machine
The distinction between independent contractor and employee is an important one in the United States, as the costs for business owners to maintain employees are significantly higher than the costs associated with hiring independent contractors, due to federal and state requirements for employers to pay FICA (Social Security and Medicare taxes) and unemployment taxes on received income for ...
W-2 Employee. 1099 Contractor. Tax withholding. Employer withholds state and federal taxes, as well as Social Security and Medicare taxes. These taxes are sent to the IRS on the employees’ behalf.
A Health & Welfare Trust (HWT) is an arrangement through which an employer can provide certain benefit programs to employees, including a private health services plan [2] ("PHSP") as defined under the Canada Revenue Agency (CRA) guidelines. One or more employees may be covered under an HWT.
Retirement compensation arrangements (RCAs) are defined under subsection 248(1) of the Canadian Income Tax Act, which allows 100 per cent tax-deductible corporate dollars to be deposited into an RCA, on behalf of the private business owner and/or key employee. No tax is paid by the owner/employee until benefits are received at retirement.
The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test. [5] [6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.
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