Montana Determining Self-Employed Independent Contractor Status

State:
Multi-State
Control #:
US-AHI-075
Format:
Word; 
Rich Text
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Description

This AHI checklist is used to determine the status of an independent contractor. The form is based on the IRS form SS-8.
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FAQ

What is an independent contractor? (b) is engaged in an independently established trade, occupation, profession or business. Additionally, an independent contractor must obtain either an independent contractor exemption certificate or self-elected coverage under a Montana workers' compensation insurance policy.

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.

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

All work required of the contract is performed by the independent contractor and employees. Independent contractors are not typically considered employees of the principal. A "general contractor" is an entity with whom the principal/owner directly contracts to perform certain jobs.

Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.

To set yourself up as a self-employed taxpayer with the IRS, you simply start paying estimated taxes (on Form 1040-ES, Estimated Tax for Individuals) and file Schedule C, Profit or Loss From Business, and Schedule SE, Self-Employment Tax, with your Form 1040 tax return each April.

To perform contractor work in the state of Montana, you will need to obtain a business license to do so. Furthermore, you will need to acquire the proper permits and additional paperwork to bid or perform contractor work in the state of Montana.

Independent contractors provide goods or services according to the terms of a contract they have negotiated with an employer. Independent contractors are not employees, and therefore they are not covered under most federal employment statutes.

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Montana Determining Self-Employed Independent Contractor Status