Independent Contractor Test in Tennessee
For unemployment insurance, Tennessee uses the IRS 20 factor test from Revenue Ruling 87-41, not the ABC test.
Last checked . General information, not legal advice.
Tennessee at a glance
- Test for unemployment insurance
- IRS 20 factor test
- The statute lists all twenty factors, such as instructions, profit or loss and availability to the public.
- ABC test for unemployment
- No
The rules in Tennessee
Which test does Tennessee use to classify independent contractors for unemployment insurance?
Test for unemployment insurance in Tennessee: IRS 20 factor test. The statute lists all twenty factors, such as instructions, profit or loss and availability to the public.
Does Tennessee apply the ABC test for unemployment insurance?
No. ABC test for unemployment in Tennessee: no.
Where do the Tennessee independent contractor tests come from?
The rules above come from Tenn. Code Ann. 50-7-207(b)(2)(B). Each source is linked on this page. We last checked them in October 2026.
What this means in practice
Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.
Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.
Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
Compare with neighboring states
- AlabamaCommon law (right to control) test
- ArkansasIRS 20 factor test
- GeorgiaTwo part test: control factors and independent business
- KentuckyCommon law (right to control) test
- MississippiControl test (common law principles)
- MissouriCommon law (right to control) test
- North CarolinaFederal definition (Internal Revenue Code 3306)
- VirginiaIRS guidelines (common law), employee presumed
More Tennessee rules
- Final Paycheck Laws in Tennessee
- Meal and Rest Break Laws in Tennessee
- Minimum Wage in Tennessee
- Non-Compete Laws in Tennessee
- Tenant Abandoned Property Laws in Tennessee
- Adverse Possession Laws in Tennessee
- Age of Majority and Emancipation in Tennessee
- Child Custody Preference Age in Tennessee
- Security Deposit Laws in Tennessee
- Eviction Notice Requirements in Tennessee
- Will Requirements in Tennessee
- All Tennessee documents and rules