Employee vs Contractor Overview
Key Differences
| Factor |
Employee |
Contractor |
| Control |
Employer directs work |
You control how |
| Tools |
Provided |
You provide |
| Risk |
None |
Profit/loss |
| Benefits |
Usually |
None from client |
| Taxes |
Withheld |
You remit |
| Deductions |
Limited |
Business expenses |
Tax Implications
Employee Taxation
| Item |
Details |
| Income tax |
Withheld by employer |
| CPP |
Employee portion withheld |
|
Employer pays matching |
| EI |
Employee portion withheld |
|
Employer pays 1.4× |
| RRSP room |
Based on earnings |
Contractor Taxation
| Item |
Details |
| Income tax |
You remit (instalments) |
| CPP |
You pay BOTH portions |
|
2× what employees pay |
| EI |
Not required (optional) |
| GST/HST |
May need to collect/remit |
| Business expenses |
Deductible |
CPP Comparison
Employee CPP (2024)
| Contribution |
Rate |
| Employee portion |
5.95% |
| Employer portion |
5.95% |
| Your cost |
5.95% |
| Maximum |
~$3,867 |
Contractor CPP (Self-Employed)
| Contribution |
Rate |
| Both portions |
11.90% |
| Your cost |
11.90% |
| Maximum |
~$7,735 |
Contractors pay double CPP.
CPP2 (Enhanced)
| Earnings above |
Additional contribution |
| Additional tier |
Extra CPP applies |
| Self-employed |
Pay both portions |
GST/HST Obligations
Registration Threshold
| Rule |
|
| Revenue over $30K/year |
Must register |
| Under $30K |
Optional |
If Registered
| Responsibility |
|
| Charge GST/HST |
On invoices |
| Collect |
From clients |
| Remit |
To CRA |
| Can claim |
Input Tax Credits |
Example
| Invoice |
$5,000 |
| GST/HST (13%) |
$650 |
| Total billed |
$5,650 |
| You remit |
$650 (minus ITCs) |
Business Expense Deductions
Common Contractor Deductions
| Expense |
Deductible? |
| Home office |
Yes |
| Vehicle (business use) |
Yes |
| Equipment/tools |
Yes |
| Software |
Yes |
| Professional development |
Yes |
| Phone/internet |
Yes (business portion) |
| Travel |
Yes (for work) |
| Professional fees |
Yes |
| Accounting |
Yes |
Home Office Deduction
| Method |
Calculation |
| Simplified |
$2/day (max $500) |
| Detailed |
% of home used + expenses |
| Detailed Expenses |
|
| Rent/mortgage interest |
Proportional |
| Utilities |
Proportional |
| Insurance |
Proportional |
| Maintenance |
Proportional |
Vehicle Deduction
| Track |
|
| Business kilometres |
vs personal |
| Expenses |
Gas, insurance, maintenance |
| Deduct |
Business % of expenses |
Income Comparison Example
$100,000 Gross Income
| Factor |
Employee |
Contractor |
| Gross income |
$100,000 |
$100,000 |
| Business expenses |
- |
($15,000) |
| Net income |
$100,000 |
$85,000 |
| CPP (employee part) |
$3,867 |
- |
| CPP (self-employed) |
- |
$7,735 |
| EI |
$1,049 |
$0 |
| Income tax (approx.) |
~$22,000 |
~$18,500 |
| Benefits (from employer) |
~$3,000 value |
$0 |
Analysis: Numbers vary significantly based on actual deductions and tax situation.
CRA’s Four-Factor Test
How CRA Determines Status
1. Control
| Employee |
Contractor |
| Employer controls how |
You control how |
| Set hours |
Flexible schedule |
| Supervised |
Independent |
| Specific instructions |
General goals |
| Employee |
Contractor |
| Employer provides |
You provide |
| Computer |
Your own equipment |
| Office space |
Work from anywhere |
| Software |
Your licenses |
3. Financial Risk
| Employee |
Contractor |
| Fixed pay |
Variable income |
| No profit/loss |
Profit/loss possible |
| Paid for time |
Paid for results |
| No investment |
Your capital at risk |
4. Integration
| Employee |
Contractor |
| Part of organization |
Separate business |
| Exclusive (usually) |
Multiple clients |
| Company email |
Your own |
| On org chart |
Not integrated |
Incorporation Option
Why Contractors Incorporate
| Benefit |
Details |
| Lower corporate tax |
Small business rate ~12.2% |
| Income splitting |
Dividends to family (limited) |
| Tax deferral |
Leave money in corporation |
| Credibility |
May appear more professional |
| Liability |
Some protection |
Incorporation Costs
| Cost |
Approximate |
| Setup |
$1,000-$2,000 |
| Annual accounting |
$2,000-$5,000 |
| Corporate tax return |
$500-$1,500 |
When Incorporation Makes Sense
| Situation |
Incorporate? |
| Income > $100K |
Consider it |
| Don’t need all income |
Yes (deferral) |
| Short-term contract |
Probably not |
| Liability concerns |
Maybe |
| Low income |
Usually not |
Benefits Comparison
Employee Benefits
| Benefit |
Value |
| Health/dental |
$2,000-$5,000/year |
| Pension/RRSP match |
% of salary |
| Life/disability insurance |
Varies |
| Vacation pay |
Required by law |
| Sick days |
Often provided |
| EI eligibility |
Yes |
Contractor Benefits
| Benefit |
Value |
| From client |
None |
| Must purchase |
Your own insurance |
| No EI |
Unless opted in |
| No vacation pay |
Build into rate |
Negotiating Contractor Rates
Calculate Equivalent Rate
| Employee Salary |
$100,000 |
| Add: employer CPP/EI |
+$7,000 |
| Add: benefits value |
+$5,000 |
| Add: overhead costs |
+$10,000 |
| Add: vacation (4 weeks) |
+$8,000 |
| Add: risk premium |
+$10,000 |
| Contractor should earn |
~$140,000 |
As Hourly Rate
| Annual target |
$140,000 |
| Billable hours |
~1,800 (accounting for vacation, admin) |
| Hourly rate |
~$78/hour |
Risks of Misclassification
If CRA Reclassifies You as Employee
| Consequence |
Details |
| Back taxes |
For “employer” |
| CPP contributions |
Owing |
| EI premiums |
Owing |
| Interest/penalties |
On amounts owing |
Protect Yourself
| Do |
Don’t |
| Have multiple clients |
Work for just one |
| Control your work |
Take direction |
| Use your own tools |
Use theirs |
| Work from anywhere |
Sit in their office |
| Invoice for work |
Get a “paycheque” |