When you hire a contractor, the CRA and other government agencies may challenge their status as a contractor; stating that they are effectively an employee. This puts you on the hook for EI and CPP contributions.
Here are some of the measures from the CRA website (June 2024):
A self-employed individual usually works independently
The worker does not have anyone overseeing their activities
The worker is usually free to work when and for whom they choose and may provide their services to different payers at the same time
The worker can accept or refuse work from the payer
The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration, all of which are generally associated with an employer-employee relationship.
IntiSolutions has at least 5 measures in our contract documents and practices that ensure that the worker and the payer are compliant with contracting relationship requirements. Since 2005, some contractors have been challenged. The provisions in our contract have successfully maintained contractor/payer status every time.
To keep our competitive advantage, we won't divulge our measures here.
If you want to ensure that you are protected, feel free to contact us and we'll have a conversation to put your mind at ease.
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