Mandatory independent contractor classification

A service provider payee shall be classified as an independent contractor if the service provider payee— (1) is not classified as an employee pursuant to section 104; and (2) meets one or more of the following requirements: (A) Licensed profession, trade, or occupation The service provider payee— (i) is engaged in a licensed profession, trade, or occupation; and (ii) holds himself or herself out as providing services to the public. (B) Business entity The service provider payee is a business entity. (C) Limited economic relationship The economic relationship between a service recipient payor and a service provider payee is a limited economic relationship. (D) Direct sales The service provider payee is a direct sales service provider payee. (E) Bona fide sole proprietor The service provider payee is a bona fide sole proprietor. (F) Formal bona fide contractor The service provider payee is a formal bona fide contractor.