Self-Employed Individuals (2024)

Overview

As a self-employed individual – whether a sole proprietor or independent contractor – you can take advantage of New York Paid Family Leave by voluntarily opting in.

Opting In

If you are a self-employed individualwith no employees, opting in is as simple as purchasing an insurance policy. Under the governing law, you are required to purchase a policy for both Paid Family Leave and disability; you cannot opt in for Paid Family Leave alone.

If you are a self-employed individual who has employees in New York State (e.g., a business owner), you arealready required to havecoverage for your employees. To voluntarily opt in yourself, you must submit a voluntary coverage form to the Workers’ Compensation Board and notify your insurance carrier of your intent to opt in to both Paid Family Leave and disability insurance.

A list of insurers offering Paid Family Leave policies is available on theDepartment of Financial Services website.

Opt-In Deadlines & Waiting Period

While you can opt in at any time, you may be subject to a two-year waiting period for taking Paid Family Leave, depending on your timing. If you opted/opt in:

  • Within the first 26 weeks of starting your business, you do not face a two-year waiting period. You are eligible for Paid Family Leave 26 weeks after you obtain PFL coverage.
  • After the first 26 weeks of starting your business, you may still get a Paid Family Leave policy; however, PFL benefit payments cannot be made until after a two-year waiting period.*

*Any self-employed individual who opted in before January 1, 2018, does not face a two-year waiting period.

Determining Benefits

PFL benefits are based on an employee’s average weekly wage. For self-employed individuals, your average weekly wage is calculated by dividing your total earnings over the previous 52 weeks by 52.

Cancelling a Policy

If you are a self-employed individual without employees, you may cancel your policy. Make sure to respond to any correspondence from the Workers’ Compensation Board inquiring about the status of your coverage. It may be necessary to explain you are self-employed and have no other employees.

If you want to get another policy,an insurance carrier may require a satisfactory explanation of why the previous policy was cancelled and you may be subject to a waiting period.

Contact PFL Helpline

For more information, call the Paid Family Leave toll-free helpline Monday-Friday, 8:30am – 4:30pm EST.

Contact us by phone:

PFL Helpline (844) 337-6303

Self-Employed Individuals (2024)

FAQs

What is considered a self-employed individual? ›

Generally, you are self-employed if any of the following apply to you. You carry on a trade or business as a sole proprietor or an independent contractor. You are a member of a partnership that carries on a trade or business.

Who qualifies for self-employed tax credit? ›

To qualify for these credits, you need to be a self-employed individual or sole proprietor. You also must have missed work in 2020 or 2021 because of quarantine, illness, childcare, or vaccinations.

How to avoid self-employment tax LLC? ›

File as an S corporation

LLCs have the option of filing as an S corp., the main benefit of which is it provides a mechanism for reducing self-employment taxes. Under an S corp structure, the owner of an LLC can be considered an employee and receive a salary.

How to show proof of income as self-employed? ›

Some ways to prove self-employment income include:
  1. Annual Tax Return (Form 1040) This is the most credible and straightforward way to demonstrate your income over the last year since it's an official legal document recognized by the IRS. ...
  2. 1099 Forms. ...
  3. Bank Statements. ...
  4. Profit/Loss Statements. ...
  5. Self-Employed Pay Stubs.

Who does the IRS consider self-employed? ›

You're self-employed for this purpose if you're a sole proprietor (including an independent contractor), a partner in a partnership (including a member of a multi-member limited liability company (LLC) that is treated as a partnership for federal tax purposes) or are otherwise in business for yourself.

What is the difference between a self-employed individual and a sole proprietor? ›

Since a sole proprietor operates a business on its own, they are considered self-employed. A self-employed individual simply means the person works for him or herself. It's just a business term. A sole proprietor refers to someone who owns a business by themselves.

Do self-employed people get tax refunds? ›

Getting a tax refund just means you overpaid your taxes. As self-employed, instead of automatic withholding by your employer, you pay quarterly estimated taxes. Overpay your estimated taxes and you'll receive a nice tax refund.

What is the 7202 credit for self-employed people? ›

IRS Form 7202 allows self-employed individuals to claim tax credits for sick and family leave provided under the Families First Coronavirus Response Act (FFCRA) for tax years 2020 and 2021. This form allows eligible individuals to recover a portion of the wages lost while unable to work due to COVID-19-related reasons.

Can you get the Earned income tax credit if you are self-employed? ›

The EITC is based on your earned income — wages, tips, money from self-employed work, and some disability benefits. Income from self employment or gig work still counts as earned income towards the EITC.

How much can you make self-employed without paying taxes? ›

If you (1) are self-employed as a sole proprietorship, an independent contractor or freelancer and (2) earn $400 or more, you may need to pay SE tax. This is true even if you are paid in cash and do not receive a 1099-MISC. Keep in mind, you may be able to offset this income if you have qualifying expenses.

Why is 30% tax for self-employed? ›

Simply being self-employed subjects one to a separate 15.3% tax covering Social Security and Medicare. While W-2 employees “split” this rate with their employers, the IRS views an entrepreneur as both the employee and the employer. Thus, the higher tax rate.

Is it better to be a 1099 or LLC? ›

Is it better to be a 1099 or LLC? That will depend on your situation, but many entrepreneurs prefer LLCs because of the personal liability protection and tax flexibility they provide over being an unregistered independent contractor.

How can I prove my income if I get paid cash? ›

Income Letter From Employer

If you receive regular payments in cash from your job, then you can provide an employment letter from the organization stating that they pay you in cash. We see people being paid in cash using this method the most.

How do I verify a self-employed person? ›

Acceptable verification includes: A signed contract specifying this. A 1099 (Miscellaneous Income) form issued by the business. A narrated conversation with the employer.

How to keep track of income when self-employed? ›

A self-employment ledger, or “tax ledger”, is a fancy expression to describe where you keep track of all your business income and expenses – just your standard bookkeeping! You can document in an online spreadsheet, accounting software, or handwritten “ledger” book.

What is the legal definition of self-employed? ›

If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. For more information on your tax obligations if you are self-employed (an independent contractor), see our self-employed individuals tax center.

What is not considered self-employment income? ›

Other Income Not Subject to Self Employment Tax

Participation in a drug trial or clinical study that paid one time. Hobbies that include creation and patenting of inventions, when done occasionally. Occasional leasing of a commercial permit to another party with intention to return to using the permit when able.

Which one of the following is not considered a self-employed person? ›

The correct answer is D. The president of a corporation solely owned by him. Self-employment is the state of being your own boss and operating a business or practice alone. You can be self-employed as a sole proprietor, a partner in a partnership, or a member of a limited liability company (LLC).

How does the IRS determine if someone is an independent contractor or an employee? ›

Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.

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