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How to Determine if You Are Self-Employed (Sole Proprietor) or an Employee in Canada

 

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Key Differences Between an Employee and a Self-Employed Individual

Criteria Employee Self-Employed (Sole Proprietor)
Control Employer dictates schedule, tasks, and work conditions. You control your work, schedule, and how tasks are completed.
Ownership of Tools Employer provides tools, equipment, and office space. You own or rent your own tools, equipment, and workspace.
Risk and Profit Stable income with no financial risk. Potential for profit but also bears business risks and expenses.
Independence Works exclusively for one employer. Can work with multiple clients and set own rates.
Deductions Employer deducts CPP, EI, and taxes from your paycheck. You are responsible for paying your own taxes, CPP, and business expenses.

How to Determine Your Status

The CRA uses the following four key factors to decide if you are an employee or self-employed:

1. Control

  • Employee: The employer decides how, when, and where you work.
  • Self-Employed: You have full control over how you complete your work.

2. Ownership of Tools & Equipment

  • Employee: The company provides necessary tools and covers maintenance.
  • Self-Employed: You own your own equipment, software, or workspace.

3. Financial Risk & Business Relationship

  • Employee: You receive a fixed salary or hourly wage, with minimal financial risk.
  • Self-Employed: You take on business risks, pay expenses, and earn based on contracts or projects.

4. Integration with the Business

  • Employee: You are an essential part of the company’s operations and work under direct supervision.
  • Self-Employed: You operate independently and provide services to different clients.

Tax Implications

  • Employees have taxes, CPP (Canada Pension Plan), and EI (Employment Insurance) deducted automatically from their paychecks.
  • Self-Employed Individuals must file their own business income (T2125 form) and pay taxes and CPP contributions independently.

Why Does It Matter?

Misclassifying yourself can lead to penalties, audits, or missed tax deductions. If you’re unsure about your status, consult a tax professional or use the CRA’s decision tool: CRA Employee vs. Self-Employed Guide.

📞 Need Help? Book a Free Consultation!

Understanding whether you are self-employed or an employee can have significant tax and legal implications. Let Toro Financial guide you through your classification, tax obligations, and bookkeeping strategies.

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