In ascertaining federal employment tax liabilities, companies must determine whether the individuals they work with are employees or independent contractors. In this process, companies apply a common law test, and some can apply Internal Revenue Code section 3508. Section 3508 qualifies real estate agents and direct sellers as statutory independent contractors. This Comment addresses whether loan officers working with California mortgage brokers satisfy the elements of Internal Revenue Code 3508 and fall within the definition of "real estate agent."
Bradford D. Duea,
The Employee/Independent Contractor Classification: Do Loan Officers Working with California Mortgage Brokers Qualify As Statutory Independent Contractors?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol32/iss3/7