Independent Contractor Agreement: What Precisely You Should Include For The Internal Revenue Service

By Kelly Pusey


When you work for someone else as an independent company or hire somebody to work for you as a private company, it is essential that you have a private contractor agreement. An agreement is a great device in which defends both sides and can be used when there is ever a disagreement. Attorneys will always recommend their clients to possess an agreement before arranging work with a private contractor. Nonetheless, defending both sides is only part of the answer why you should always have a private contractor agreement. A contract is important to have until you want the IRS to consider you as an employee whereby everyone will need to pay more tax. Some vital elements should be incorporated if you are drafting an independent company agreement.

Accountabilities

Every single private contractor agreement must spell out the duties of the service provider so that everyone is clear on what services are being given. The duties should be clearly stated but must not include the times or hours in which the company needs to perform. Once you begin giving this sort of info, it looks more like an employee/employer relationship than a private contractor relationship. Be cautious also with providing space to store equipment or space to work as this also makes it look more like an employee/employer relationship rather then an independent contractor relationship.

Compensation

Don't neglect to include a section that spells out how much money the service provider would be paid for his/her services. It may also be necessary to indicate when and how the funds will be transferred to the company such as by check, PayPal, wire transfer and so on.

Non-Employee Clause

Adding a non-employee clause to a private contractor agreement let us the IRS understand that everyone involved in the agreement is aware that the private company isn't a staff.




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