An independent contractor (also known as a freelancer) is a person or entity who agrees to work for another person or entity as a nonemployee. Because of the independent contractor’s status as a nonemployee, the contractor must pay their own Social Security and Medicare (FICA) taxes. And the person or entity hiring the independent contractor has no obligation to withhold income taxes from the contractor’s fees. It is important for the person or entity who hires a worker to properly classify the worker as an employee or as an independent contractor based on the IRS’s right-to-control test.

In Virginia, as in other states, the classification of a worker as an independent contractor or an employee is significant for tax purposes and compliance with labor laws. Independent contractors in Virginia are responsible for paying their own Social Security and Medicare taxes, as they are not considered employees. The hiring party does not withhold income taxes from payments to independent contractors. Proper classification of workers is crucial, and in Virginia, this is determined based on the IRS's right-to-control test, which assesses factors such as the degree of control the hiring party has over the way the worker performs their tasks, the financial control over the business aspects of the worker's job, and the relationship between the parties. Misclassification can lead to legal consequences, including penalties and back taxes. Therefore, it is important for businesses to carefully consider the IRS guidelines when determining whether a worker is an independent contractor or an employee.