Employee vs Contractor CRA: Classification Guide (2025)

The 5 CRA tests, tax implications, and how to avoid costly audits

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Why This Matters

Misclassifying workers is one of the most common (and costly) tax mistakes. CRA actively audits this area. Getting it wrong can result in back taxes, penalties, interest, and CPP/EI assessments going back years.

The 5 CRA Classification Tests

CRA uses several factors to determine worker status. No single factor is decisive - it's the overall relationship that matters.

Test 1: Control

Employee Indicators

  • Employer sets work hours
  • Employer dictates how work is done
  • Employer provides training
  • Must follow company procedures
  • Employer approves vacation time

Contractor Indicators

  • Sets own hours
  • Decides how to complete work
  • Uses own methods and processes
  • Can hire helpers/subcontractors
  • Manages own schedule

Test 2: Tools and Equipment

Employee Indicators

  • Employer provides all tools/equipment
  • Employer provides workspace
  • Employer pays for software licenses

Contractor Indicators

  • Owns their own tools/equipment
  • Provides their own workspace
  • Pays for their own software

Test 3: Financial Risk

Employee Indicators

  • Paid regardless of job profitability
  • No risk of financial loss
  • No investment in business assets
  • Expenses reimbursed

Contractor Indicators

  • Risk of profit or loss on each job
  • Fixed price contracts
  • Fixes mistakes at own expense
  • Has business expenses/overhead

Test 4: Integration

Employee Indicators

  • Work is integral to company business
  • Appears to be part of organization
  • Uses company email/branding
  • Exclusive relationship

Contractor Indicators

  • Provides a distinct service
  • Works for multiple clients
  • Has own business identity
  • Advertises services to others

Test 5: Intent

Employee Indicators

  • Expects benefits (vacation, sick leave)
  • Expects job security
  • Identifies as employee

Contractor Indicators

  • Written contract stating contractor status
  • Invoices for services
  • Registered for GST/HST
  • Has business registration

Tax Implications Comparison

For the Worker

FactorEmployeeContractor
Income taxWithheld at sourcePay by installments
CPPSplit with employerPay both portions
EIContributesCannot contribute (usually)
DeductionsLimited (T2200 required)All business expenses
GST/HSTN/AMust charge/collect

For the Business Hiring

FactorHiring EmployeeHiring Contractor
WithholdingsMust withhold tax, CPP, EINone
T4/T4AIssue T4Issue T4A (over $500)
BenefitsMay be expectedNot required
ControlMore controlLess control

Cost Comparison: $100,000/Year

As Employee

Salary$100,000
Employer CPP$4,430
Employer EI$2,450
WCB (varies)~$1,500
Benefits~$5,000
Total Cost~$113,380

As Contractor

Contract payment$100,000
GST paid (claimed as ITC)$0 net
Total Cost$100,000

Savings: ~$13,380/year

BUT - if CRA deems the contractor is actually an employee, you owe: employer CPP/EI, penalties, interest, AND the worker's unpaid CPP/EI.

Red Flags That Attract CRA Attention

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Single client

Contractor works exclusively for you

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Full-time hours

40+ hours/week for one client

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Long-term relationship

Same "contractor" for years

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No other clients

Can't demonstrate independent business

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Company email/cards

Uses your branding

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No GST number

Not registered as a business

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Set schedule

Same hours every day

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Daily supervision

Reports to a manager daily

Structuring a Legitimate Contractor Relationship

For the Business

  • -Written contract clearly stating contractor status
  • -Project-based work with defined deliverables
  • -No set hours - focus on results
  • -Contractor provides own tools and workspace
  • -Allow subcontracting in the contract
  • -No exclusivity - can work for others
  • -Invoice-based payment (not payroll)
  • -Verify GST registration

For the Contractor

  • -Incorporate or register a business
  • -Register for GST/HST
  • -Multiple clients - don't be 100% dependent
  • -Own equipment - laptop, software, etc.
  • -Business expenses - home office, insurance
  • -Professional liability insurance
  • -Written contracts with all clients
  • -Invoice regularly (don't accept "payroll")

Requesting a CRA Ruling (CPT1)

If you're unsure about worker status, you can request a binding ruling from CRA:

CPT1

Request for CPP/EI Ruling

3-6 mo

Processing time

Binding

Ruling binds CRA

Recommended for significant or ongoing contractor relationships.

Quick Reference Summary

TestLeans EmployeeLeans Contractor
ControlHighLow
ToolsProvided by companyOwned by worker
Financial riskNoneYes
IntegrationPart of teamIndependent service
ClientsSingleMultiple
ScheduleSet hoursFlexible
SubcontractingNot allowedAllowed

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Sources

  • CRA RC4110 - Employee or Self-Employed?
  • CRA Guide T4002 - Business and Professional Income
  • CRA Form CPT1 - Request for a CPP/EI Ruling

Disclaimer: Worker classification is fact-specific and complex. This is general guidance only. For significant contractor relationships, consider requesting a CRA ruling (CPT1), consulting an employment lawyer, or working with a tax professional.