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Reference · Jamaica

Employee or contractor? How TAJ decides

It decides who deducts PAYE, NIS, NHT and Education Tax, and whether the business owes its own share on top. TAJ answers it by how the work is actually done, not by the job title, the paperwork, or who pays the contributions.

Updated October 2026 · general guidance, not tax or legal advice
The short version: if you direct the work, set the days, supply the tools and pay by the week or the month, TAJ will usually see an employee, whether you call them casual, part-time or "on contract". The business then deducts their share and pays its own share on top. A genuine contractor runs their own business: sets their own hours, uses their own equipment, can work for several clients, and is paid for the job.

Why the label matters

TAJ's Employer's Guide sorts paid work into three kinds of contract, and each one puts the tax in different hands.

ContractWhat it isWho handles the tax
Contract of serviceEmployment. The person works for you.You deduct income tax, NIS, NHT and Education Tax from their pay, and pay your own matching NIS, NHT and Education Tax, plus HEART.
Contract for servicesAn independent business doing a job for you.The contractor files and pays their own taxes and contributions under self-assessment.
Personal servicesProfessional, clerical, technical, administrative or managerial work done under your supervision or control.A special case: treated as employment for income tax withholding only. See below.

Get it wrong in the employee direction and two things go missing at once: the deductions that should have come out of each pay, and the business's own share. The employer is the one TAJ holds responsible for both. The rates are in NIS, NHT, Education Tax & HEART.

TAJ's test, question by question

These are the signs TAJ's guide lists for each side. No single answer settles it. Look at the whole pattern for each person.

AskPoints to an employeePoints to a contractor
Who controls the work?You supervise, direct and control how it is done, and expect regular reportsNobody controls how they do it
Is the role part of your business?It is an integral position in the organisationIt is not integral to how you operate
Do they run their own business?NoYes, they trade on their own account
Can they work for others at the same time?They work for you under an exclusive arrangementThey can serve several clients, each under a separate contract
Whose tools, materials and workplace?YoursTheir own equipment
How are they paid?A regular salary or wage, with their expenses reimbursedA fixed amount or commission for the complete job
Do they get leave and staff benefits?Yes, vacation leave and other staff benefitsNo
Who carries the financial risk?You doThey do, and they manage their own investment

When most of the answers land in the employee column, treat the person as an employee.

Four things that don't make someone a contractor

Some examples

These are illustrations. Each person's status turns on their own facts.

The special case: personal services

TAJ's guide counts professional, clerical, technical, administrative and managerial work as personal services. When someone provides them, personally or through their own company, and you supervise, direct or control how they do the work, the Income Tax Act treats them as your employee for one purpose only: you withhold income tax from what you pay them. This is section 5(1)(c)(ix), in effect since 2002.

Education Tax still applies to that income, but you don't withhold it. The person declares and pays it on their own S04A and S04, and you make no matching payment.

If you've been treating employees as contractors

  1. Decide each person's status

    Go through the questions above one person at a time, and write the answer down.

  2. Start deducting from the next pay run

    If the business has never filed an S01, ask TAJ what it needs to get started. Then deduct, pay the employer's share, and file the S01 by the 14th of the following month. The sooner the first correct run, the less builds up. How to file your S01.

  3. Deal with the past separately

    Penalties and interest on earlier periods are TAJ's to work out. Speak to TAJ or your accountant before you estimate anything. What late filing can mean.

  4. Make the paperwork match the facts

    Job descriptions, letters and agreements should describe the work as it is actually done.

How Brawta handles it

Every person in Brawta has a Statutory Basis: Employee, the default, or Contractor.

Source: Tax Administration Jamaica, Employer's Guide (December 2019), pages 5 and 11 to 13. General information, not tax or legal advice. Confirm your own situation with TAJ.

Get each person's status right from the first run.

Brawta keeps employees and contractors apart, applies every deduction and the employer's share for the employees, and keeps the record behind each contractor. Private on your own machine. Free to try.