diff --git a/docs/source/compliance.rst b/docs/source/compliance.rst index 2b5b3ef..a309ab9 100644 --- a/docs/source/compliance.rst +++ b/docs/source/compliance.rst @@ -531,11 +531,13 @@ The relevance of the ownership of tools and equipment is in the size of the inve with the cost of repair, replacement and insurance. The worker is an employee when: + - The payer supplies most of the tools and equipment. - The payer retains the right of use over the tools and equipment provided to the worker. - The worker supplies the tools and equipment and the payer reimburses the worker for their use The worker is a self-employed individual when: + - The worker provides the tools and equipment required and is responsible for the cost of repairs, insurance and maintenance and retains the right over the use of these assets. - The worker supplies his or her own workspace, is responsible for the costs to maintain it, and does substantial work from that site. @@ -545,13 +547,39 @@ Subcontracting Work or Hiring Assistants As subcontracting work or hiring assistants can affect a worker's chance of profit or risk of loss, this can help determine the type of business relationship. The worker is an employee when: + - The worker cannot hire helpers or assistants. - The worker must perform the services personally. The worker is a self-employed individual when: + - The worker does not have to perform the service personally. - They can hire another party to complete the work, without consulting with the payer. +Financial Risk +~~~~~~~~~~~~~~ + +The CRA will examine if there are any fixed ongoing costs incurred by the worker or any +expenses that are not reimbursed. Employers will usually reimburse employees for any +expenses incurred in the performance of their job. Self-employed individuals can have +financial risk and incur losses as they usually have ongoing monthly expenses whether or not +work is being performed. Both employees and self-employed individuals may be reimbursed +for business or travel expenses, however it is the expenses that are not reimbursed that are +examined. + +The worker is an employee when: + + - The worker is not usually responsible for any operating expenses. + - The worker is not financially liable if he or she does not fulfill the obligations of the contract. + - The payer determines and controls the method and amount of pay. + +The worker is a self-employed individual when: + + - The worker is financially liable if he or she does not fulfill the obligations of the contract. + - The worker does not receive any protection or benefits from the payer. + - The worker hires helpers to assist and pays them. + - The worker advertises the services offered. + The worker is an employee when: The worker is a self-employed individual when: