Ensure Subcontractors Use Own Tools and Equipment
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How to understand IRS Regulations- Employee or Independent contractor
What happens here
Independent contractors must primarily use their own tools and equipment. If a subcontractor consistently uses your company's tools, vehicles, or heavy machinery without a formal leasing agreement, the IRS may interpret this as an indication of an employer-employee relationship. While occasional use or formal leasing may be acceptable, heavy reliance on your equipment weakens their independent status.
Goal: Verify subcontractors provide their own tools and equipment, or have formal leasing agreements if your equipment is used.
Tools and materials
- Formal Lease Agreement N/A — Documenting instances where subcontractors lease equipment from the hiring company