Illinois Contract with Independent Contractor to Work as a Consultant

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Multi-State
Control #:
US-13375BG
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Word; 
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Description

Although no definite rule exists for determining whether one is an independent contractor or an employee, certain indicia of the status of an independent contractor are recognized, and the insertion of provisions embodying these indicia in the contract will help to insure that the relationship reflects the intention of the parties.
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FAQ

What is the difference between a Consultant and a Contractor? The short answer is that the Consultants role is evaluate a client's needs and provide expert advice and opinion on what needs to be done while the Contractors role is generally to evaluate the client's needs and actually perform the work.

Consultants are independent contractors and usually work on a freelance or contract basis. They are categorized as 1099 workers in the U.S. rather than W-2 employees. Consultants are usually paid a flat fee or hourly rate for services rendered while W-2 workers receive paychecks and other employee benefits.

Freelancers and consultants are known as "independent contractors" in legal terms. An independent contractor (IC) is a person who contracts to perform services for others without having the legal status of an employee.

Freelancers and consultants are known as "independent contractors" in legal terms. An independent contractor (IC) is a person who contracts to perform services for others without having the legal status of an employee.

The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.

In general, the difference is that the consultant's role is to evaluate a client's needs and provide expert advice and opinions on what needs to be done, while the contractors role is generally to evaluate the client's needs and actually perform the work.

If you are an independent contractor, then you are self-employed. The earnings of a person who is working as an independent contractor are subject to self-employment tax. To find out what your tax obligations are, visit the Self-Employed Individuals Tax Center.

When you do consulting work in the U.S., you can be paid two different ways: as an employee on a W-2 tax basis, or on a 1099 tax basis as an independent contractor. As a consultant, being paid on a 1099 tax basis is a huge plus for two key reasons: You save more for retirement.

Consultants Are Usually Self-Employed According to the IRS, you're self-employed if you're a business owner or contractor who provides services to other businesses. To remain a contractor rather than an employee, you must: Have the right to direct or control the work you perform.

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Illinois Contract with Independent Contractor to Work as a Consultant