Who is an employee? Who is an independent contractor (Freelancer)?
There are a number of factors which contribute to determining the difference. Click here for a detailed list of factors.
A quick approach to ascertain whether you will be seen by the ATO as an Employer of your Freelancer is to answer the following questions:
1. Can your freelancer provide proof they are registered for GST and lodging BAS Statements?
If the answer is ‘No’ to this question the Freelancer will likely be deemed by the ATO as your casual employee.
2. Can your freelancer provide proof they are contributing 9.5% of their Income into a superannuation Fund every quarter?
If the answer is 'No', and an ATO audit determines you are the Employer, you will be liable to back pay superannuation entitlements.
3. Can your freelancer provide you with a copy of their Workcover, Professional Indemnity & Personal Liability insurance?
If the answer is ‘No’ to this question, your business is wearing the risk if there’s an accident or worse.
The easiest way to remove any risk and your responsibilities as an Employer as per the FairWork Act, is to outsource their employment and payment to Creative Recruiters.