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ARTICLE · 02 DECEMBER 2014

Independent Contractors – Read This Before Incorporating

In Greek mythology, Icarus flew with wings made of feather and wax but he was overly-ambitious.

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In Greek mythology, Icarus flew with wings made of feather and wax but he was overly-ambitious. Ignoring his father's warnings, Icarus flew too close to the sun and the sun melted his wings causing him to fall into the water where he then drowned. Structuring oneself to provide services as an independent contractor comes with many advantages, and incorporating that business may bring additional advantages. However, in some circumstances, incorporating a 'one-person' business may be the same as flying too close to the sun.

The analysis of whether an individual is carrying on business as an independent contractor and whether a corporation is carrying on a personal services business ("PSB") requires an examination of whether the relationship between the service recipient and the service provider is akin to an employer-employee relationship. In March, we wrote about G&J Muirhead Holdings Ltd. v. Queen ("Muirhead"). That case analyzed the business of a 'one-man'

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