Maine 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

For most types of projects you hire an independent contractor (IC) to do, the law does not require you to put anything in writing. You can meet with the IC, agree on the terms of your arrangement, and have an oral contract or agreement that is legally binding. Just because you can doesn't mean you should, however.

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.

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.

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.

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.

Freelancers are independent contractors who should receive 1099 from the company using their services and are subject to paying their own taxes, including self-employment tax.

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.

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.

Independent contractors usually offer their services to the general public, not just to one person or company. Government auditors will be impressed if you market your services to the public. Here are some ways to do this: Obtain a business card and letterhead.

Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.

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Maine Contract with Independent Contractor to Work as a Consultant