263 Posts

Subcontractor versus Employee – Can you tell the difference?

Posted on October 28, 2013 by GSCPA Admin

The correct classification of your workers as an employee or contractor is your responsibility.  There are different tax and superannuation obligations for employees and contractors therefore it is important to consider the differences between the two types of relationships.

An employee works in your business and is part of your business. Alternatively, a contractor is running their own business and provides services to your business.

We have outlined the characteristics of each below:

Employee          Contractor
Control over work

Your business has the right to direct the way in which the worker performs their work.

Control over work

The worker has freedom in the way the work is done subject to the specific terms in any contract or agreement.

Ability to sub-contract/delegate

The worker cannot sub-contract/delegate the work – they cannot pay someone else to do the work.

Ability to sub-contract/delegate

The worker is free to sub-contract/delegate the work – they can pay someone else to do the work.

Basis of payment

The worker is paid:

  • for the time worked, or
  • a price per item or activity, or
  • a commission.
Basis of payment

The worker is paid for a result achieved based on the quote they provided.

Equipment, tools and other asset

  • Your business provides all or most of the equipment, tools and other assets required to complete the work, or
  • the worker provides all or most of the equipment, tools and other assets required to complete the work, but your business provides them with an allowance or reimburses them for the cost of the equipment, tools and other assets.
Equipment, tools and other assets

The worker provides all or most of the equipment, tools and other assets required to complete the work. The worker does not receive an allowance or reimbursement for the cost of this equipment, tools and other assets.

Commercial risks

The worker takes no commercial risks. Your business is legally responsible for the work performed by the worker and liable for the cost of rectifying any defect in the work.

Commercial risks

The worker takes commercial risks, with the worker being legally responsible for their work and liable for the cost of rectifying any defect in their work.

Independence 

The worker is not operating independently from your business. They work within and are considered part of your business.

Independence

The worker is operating their own business independently from your business. The worker performs services as specified in their contract or agreement and is free to accept or refuse additional work.

It is important to remember that there is no single factor that will be conclusive in determining whether your worker is an employee or contractor. You will need review the whole working arrangement and examine the specific terms and conditions under which the work is performed.

We see many businesses make the wrong decision as they are using incorrect information.

None of the following makes a worker a contractor:

  • your business only needs them for short term or irregular work (such as during busy periods)
  • you are using their specialist qualifications or skills
  • the industry ‘norm’ is to use contractors
  • they have an Australian business number (ABN)
  • they have a registered business name.

If you are unsure if you have classified your workers correctly or would like more information on the above, please contact the office.

GS Celebrates 10 years

Posted on March 28, 2013 by Andrew Sullivan

Over the life of a business there are key events that shape its destiny and special days that should be celebrated.

  • On 26th December 2002 a conversation between Keith (Geers) and I sparked the idea for GeersSullivan. 
  • On 6th January GeersSullivan Pty Ltd was incorporated and its first two Directors were Andrew Sullivan and Keith Geers.
  • On 31st March 2003 GeersSullivan moved into its first offices. 
  • On 13th October 2004 Jay Wakefield joined GeersSullivan as a Manager.
  • On 1st July 2007 Jay became a Director of GeersSullivan.
  • On 30th June 2010 Keith Geers retired from GeersSullivan.
  • On 22nd September 2010 Chris Grieve joined GeersSullivan as a Director.
  • On 31st March 2013 we celebrated our 10th Birthday. 

What started as a small family business has evolved into one of the top 100 Accounting Firms in Australia.

When we opened the doors over 10 years ago we simply wanted one thing… to work with great people – both our Clients and our Team.

We have seen many changes in our business however, GeersSullivan, at its essence has not changed over the years.  The success we have enjoyed and continue to enjoy has always come from the same place and the same values.

Excellence, Energy and Enrichment – our Core Values.

A business can only become great with a great Team and great Clients.  One can not exist without the others.  We have had many successes along the way and have made our share of mistakes.  We are stronger for those who have stood by us all this time – our loyal clients and our dedicated Team.  It has been our privilege to have worked with you over this past 10 years and it will continue to be as we move forward into the future.

Thank you,

Andrew Sullivan, Managing Director

 

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