The 5 CRA tests, tax implications, and how to avoid costly audits
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.
CRA uses several factors to determine worker status. No single factor is decisive - it's the overall relationship that matters.
Employee Indicators
Contractor Indicators
Employee Indicators
Contractor Indicators
Employee Indicators
Contractor Indicators
Employee Indicators
Contractor Indicators
Employee Indicators
Contractor Indicators
| Factor | Employee | Contractor |
|---|---|---|
| Income tax | Withheld at source | Pay by installments |
| CPP | Split with employer | Pay both portions |
| EI | Contributes | Cannot contribute (usually) |
| Deductions | Limited (T2200 required) | All business expenses |
| GST/HST | N/A | Must charge/collect |
| Factor | Hiring Employee | Hiring Contractor |
|---|---|---|
| Withholdings | Must withhold tax, CPP, EI | None |
| T4/T4A | Issue T4 | Issue T4A (over $500) |
| Benefits | May be expected | Not required |
| Control | More control | Less control |
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.
Single client
Contractor works exclusively for you
Full-time hours
40+ hours/week for one client
Long-term relationship
Same "contractor" for years
No other clients
Can't demonstrate independent business
Company email/cards
Uses your branding
No GST number
Not registered as a business
Set schedule
Same hours every day
Daily supervision
Reports to a manager daily
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.
| Test | Leans Employee | Leans Contractor |
|---|---|---|
| Control | High | Low |
| Tools | Provided by company | Owned by worker |
| Financial risk | None | Yes |
| Integration | Part of team | Independent service |
| Clients | Single | Multiple |
| Schedule | Set hours | Flexible |
| Subcontracting | Not allowed | Allowed |
Ask SK TaxGPT about worker classification, tax implications, and more
Try SK TaxGPT FreeDisclaimer: 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.