Quote:
Originally Posted by Resolute 14
MattyC - As I said very early in this thread. I differentiate between the idea of Uber, which is generally good, and the company that is Uber, which is generally evil. When I say I want both to fail, I am referring to the actual entities, as opposed to ideas.
Cappy - I'll admit that I don't really get why such drivers would be classified as employees rather than independent contractors. However, it is undeniable that the signs are pointing to (American) courts viewing people working for companies within the sharing economy in that fashion. Uber has lost a couple key battles in this regard, though they were not precedent setting. Homejoy, a cleaning company working under a similar idea, shut down entirely as a result, and other companies have given up the fight and began treating such people as employees.
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There is some pretty good CRA interpretations of employee vs. independent contractor available on their website. There is next to no chance an Uber driver would be considered an employee for Canadian tax purposes. Uber drivers own their car, set their time of work, determine their location, assume the chance of profit, assume the risk of loss, etc. Numerous past tax court cases in Canada would also point directly at drivers being independent contractors.