Contractor vs Employee in 2026: The US Guide for Founders and Finance Teams
Contractor or employee in 2026? IRS common-law test, DOL economic-reality test, and state ABC tests, with the live status of the Feb 2026 DOL NPRM.
Reviewed by Rohan Sasne on Apr 3, 2026
Form SS-4 is the IRS Application for Employer Identification Number (EIN). A US business files it to obtain the nine-digit EIN it uses to run payroll, deposit employment taxes, and file information returns such as Form 1099-NEC.
Form SS-4 is the IRS form a business uses to apply for an Employer Identification Number. The IRS titles it the Application for Employer Identification Number (EIN) and states that the form is used “to apply for an employer identification number (EIN).” The EIN is the federal tax identifier that the business then uses across payroll and reporting. For a US company that engages contractors, Form SS-4 is the first step, because the EIN it produces is the number the IRS expects on every information return the company later files.
The IRS describes the EIN as “a 9-digit number (for example, 12-3456789) assigned to employers, sole proprietors, corporations, partnerships, estates, trusts, certain individuals, and other entities for tax filing and reporting purposes.” Form SS-4 is how an entity requests that number. You file the form once at the start of the business, and the IRS issues the EIN in response.
The EIN then appears on the filings that identify the business to the IRS:
Per the IRS, the entities that apply on Form SS-4 include “employers, sole proprietors, corporations, partnerships, estates, trusts, certain individuals, and other entities.” In practice, a US business needs an EIN before it can hire employees, run payroll, withhold and deposit employment taxes, or file the information returns the IRS requires. A company that plans to pay independent contractors and issue 1099-NEC forms needs the EIN in place first, because the form has no valid payer identifier without it.
The IRS accepts the application several ways. You can apply online, by fax, or by mail using Form SS-4. The online application issues the EIN immediately on completion. International applicants that have no legal residence or principal place of business in the United States can also apply by phone. The form itself collects the legal name and address of the entity, the type of entity, the responsible party, and the reason for applying.
Omnivoo Contract Management handles US contractor onboarding and year-end reporting, so the EIN obtained through Form SS-4 is the identifier that ties each payment and each information return back to the business.
TDS, professional tax, and Form 16 filings handled inside one payroll workflow.
An Employer Identification Number (EIN) is a federal tax identification number that the IRS issues to identify a business entity. A US company generally needs an EIN before it can hire employees, run payroll, withhold and deposit employment taxes, and file the information returns the IRS requires.
Form 1099-NEC is the IRS information return a US business files to report $600 or more of nonemployee compensation paid to a US independent contractor during a calendar year.
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