Source: The Tax Specialist Journal Article
Published Date: 1 Apr 2015
Whether a worker should be categorised as an employee, a contractor or even in a bailor/bailee relationship is an important decision which affects different areas of tax law in Australia. The greater use of contractors/subcontractors has brought about change in the way in which work is performed, not only as a result of the effect of technological change, but also as employers seek to abrogate many employment and taxation obligations and other economic factors. It is necessary, in each case, to examine all of the terms of the contract and to determine whether the person is working in the service of another or is working on their own behalf.
This article examines the factors which courts take into consideration when determining the employment relationship, in light of the rapidly changing nature of the workplace, the rapid growth of independent contractors in the workplace, as well as the employer's tax obligations.
More by Cyrus Thistleton
Sorry, this is subscriber only content.
To gain access to this material and much more - Subscribe Now.
(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).
Already a Subscriber? Login now
Already a Subscriber? Login now
Details
The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.
The Tax Institute
(ABN 45 008 392 372 (PRV14016))
("TTI")
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
All materials provided on this site are protected by copyright and are owned by or licensed to TTI.
Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.
Tags