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 Mar 23, 2026
A Taxpayer Identification Number (TIN) is an identification number used by the Internal Revenue Service in the administration of US tax law. The five types are the SSN, ITIN, EIN, ATIN, and PTIN. An SSN is issued by the Social Security Administration, and all other TINs are issued by the IRS.
A Taxpayer Identification Number, or TIN, is the identifying number the US tax system uses to match income, filings, and payments to the right person or entity. The IRS defines a TIN as “an identification number used by the Internal Revenue Service (IRS) in the administration of tax laws,” and explains the full set on its Taxpayer Identification Numbers page. It is not a single number. It is a family of five different numbers, and which one applies depends on who you are and why you need it.
The IRS recognizes five Taxpayer Identification Numbers. One is issued by the Social Security Administration, and the rest are issued by the IRS. The IRS states that “a Social Security number (SSN) is issued by the SSA whereas all other TINs are issued by the IRS.”
The IRS states that “a TIN must be furnished on returns, statements, and other tax related documents.” Two of the situations it names are “when filing your tax returns” and “when claiming treaty benefits.” For anyone engaging or paying a contractor, the TIN is what links the payment to the correct taxpayer record at year-end.
The right TIN depends on whether the worker is a US person or a foreign person.
In short, a US payee gives an SSN or EIN, and a foreign payee gives a foreign TIN or US ITIN to unlock treaty benefits.
Omnivoo Contract Management collects the correct TIN on the right form for each contractor, US persons on Form W-9 and foreign persons on Form W-8BEN, so payments map cleanly to year-end tax reporting.
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 W-9 is the IRS form a US person gives a payer to certify their taxpayer identification number and avoid 24% backup withholding on reportable payments.
An ITIN is a nine-digit tax processing number issued by the IRS to individuals who have a US federal tax filing or reporting requirement but are not eligible for a Social Security Number.
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