NSW Employee or independent contract and deducting income tax

[kim8hughes]

What weight does the court place on the fact that income tax is NOT deducted when assessing whether a person is an employee or independent contractor?

Is not deducting income tax a decisive factor?

Please provide some case law authority

 

[Tim W]

We won't write your assignments for you.
Feel free to show us a draft of what you've done so far,
and one of the lawyers may make some suggestions.

 

[Rod]

Is not deducting income tax a decisive factor?

No.

 

[Tim W]

No.

Our friend has not even realised
that before he has anything to deal with in court,
the the ATO, not the court, will have applied the Control Test,
and sought to act accordingly.