Independent Contractor ck sheet

[Kurly]

Good Mornin Gang:

Do any of you have a copy of or a source of a basic contract that an Independent contractor and business owner would sign. Detail and explaining why they consider themselves as an Independent Contractor?

Thanks

Kurly

[S T]

Ic

There is a download for Excel, which might be what you are looking for.

http://office.microsoft.com/en-us/templates/TC012304921033.aspx

CFS Small Business Tools also has Independent Contractor Agreements

Sandy

[veritas]

Here is my Contractor check sheet.

Do you drive a lifted 4 four wheel pickup of at least two feet?

Do you store receipts in your wallet, glove box, floorboard?

Do you run all your personal home improvements through your business? If not why not?

When business is really slow do you go hunting or fishing?

When a customer gives you a deposit for a remodel do you make sure you spend it on everything except that job?

Have you paid an estimated tax payment, ever? If so why?

Do you make sure your tax preparer does not know about all those cash jobs?

Do you barter with your dentist? (If not you need a new dentist.)

[JohnH]

Nice checklist.
Very succinct.
Mind if I throw mine away & start using yours?

[veritas]

JohnH

Please feel free. I'm sure I overlooked some of the finer points.

[ChEAr$]

Remember this

Good Mornin Gang:

Do any of you have a copy of or a source of a basic contract that an Independent contractor and business owner would sign. Detail and explaining why they consider themselves as an Independent Contractor?

Thanks

Kurly

The existence of such a "contract" does not trump the common law employee test.
No matter what you have signed between employer/employee, if the former can tell the
latter when to jump, how often, and how high to jump, during what hours, he can't be an
independent contractor. No, that's not the whole story per 20 questions, but you get the idea.

[taxea]

Wouldn't that be the "business contract, contractor estimate, etc"...I don't see a need for an additional or separate form. What would be the reason for it? taxea

[Black Bart]

Independent Contractors

Do any of you have a copy of or a source of a basic contract that an Independent contractor and business owner would sign. Detail and explaining why they consider themselves as an Independent Contractor?

While I've seen three or four that say the guy's working as an independent contractor, I have never seen one explaining why they are doing it (usually it's because half the guys on the job are really employees).

The wording generally is that both parties agree he's an independent contractor, is not an employee, and he understands nothing is being paid or withheld for: social security, federal income tax, state income tax, unemployment, workmens' comp insurance, pensions, health insurance, annuities, life insurance, savings plans, and/or all other deductions known to man. Further, that the sub agrees to be solely and completely liable for any and all injuries incurred on any job from the dawn of time until the twelfth of never.

Of course, as Harlan said in so many words, it's all hogwash since agreements to subvert the law aren't valid. Still, it's a gimmick having psychological upside value to the construction company -- the sub doesn't know he might be an employee and remembers that he signed something saying he wasn't; therefore possibly keeping him from running straight to the unemployment office after they lay him off and bringing the dreaded state field agent to see the company about not-just-that-one-guy's unemployment contributions. The downside is that it begs the question (to an auditor) -- if you're so sure he's an independent contractor, why do you need him to sign something like this in the first place?

[taxea]

Okay I didn't even assume this would otherwise be an employer/employee situation because of the obvious violation of the rules. So there you go.

Anyhow would you all believe that when I first returned home I was looking for work and applied at a store front tax business. The owner interviewed me and asked me to work as a sub-contractor in his office where he would set my hours, etc. I said "Let me think about it". Left and never went back.

I can understand other businesses pulling this kind of stunt, but a tax preparer who should unquestionable know the rules.....and people wonder why I have no problem with turning in obviously crooked people! taxea