Real estate agents love independence—and for good reason. Flexible schedules, running your own business and getting paid based on results are all part of the appeal. But for brokers, keeping that independent-contractor relationship on solid ground takes more than simply putting “independent contractor” on a contract.
In 2026, it’s worth taking a fresh look at how your brokerage operates.
The IRS has specific rules for licensed real estate agents. Generally, an agent can qualify as a statutory nonemployee when substantially all compensation is based on sales or other output rather than hours worked, and a written agreement says the agent will not be treated as an employee for federal tax purposes.
Sounds simple, right? There’s a little more to it.
Let Agents Run Their Business
Independent contractors should have meaningful independence in how they conduct their business. That doesn’t mean brokers can’t establish reasonable rules or standards. It does mean the day-to-day relationship shouldn’t start looking like a traditional employer-employee arrangement.
For example, agents generally handle their own business expenses and tools, such as phones, computers, transportation and marketing expenses.
Get the Paperwork Right
A clear, current independent contractor agreement is essential. It should accurately describe the relationship and responsibilities of both the brokerage and the agent.
And don’t stop there. What happens in practice matters, too. A contract calling someone an independent contractor won’t automatically make it so if the actual working relationship tells a different story.
Keep an Eye on Changing Rules
Worker classification can involve more than federal tax law. Federal labor rules may consider factors such as control, opportunity for profit or loss, investment, permanence, specialized skills and whether the work is integral to the business.
State and local laws can add another layer of requirements.
The takeaway for brokers? Don’t set it and forget it. Review your agreements and business practices periodically, especially as regulations and interpretations change.
A little attention today can help keep your brokerage—and your agents’ independent businesses—moving in the right direction tomorrow.
Source: REALTOR® Magazine
“How Brokers Can Preserve Independent Contractor Status”
National Association of REALTORS®
