A limited liability company (LLC) with a single owner can engage independent contractors. These contractors receive payment for services rendered and are responsible for their own taxes, typically reported on a 1099-NEC form. This contrasts with employees, who are subject to payroll withholdings and receive W-2 forms. For example, a freelance writer hired by a single-member LLC to create website content would likely be considered an independent contractor.
The distinction between independent contractors and employees is crucial for legal and tax compliance. Misclassifying workers can lead to significant penalties and back taxes. Proper classification hinges on several factors, including the degree of control the LLC exerts over the worker’s activities, the worker’s investment in their own tools and equipment, and the worker’s opportunity for profit or loss. This framework has evolved over time through legislation and court rulings, underscoring the importance of staying current with regulatory changes. Correctly classifying workers offers benefits to both the LLC and the worker, ensuring clear expectations and appropriate tax treatment.
