Utah Memo - Using Self-Employed Independent Contractors
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How to fill out Memo - Using Self-Employed Independent Contractors?
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FAQ
Every independent contractor is a business owner. You run a business even if you are your only employee and you don't have a company name. There are significant differences, however, between a business that's just you as an independent contractor and running a company with employees and a registered name.
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.
Remember that an independent contractor is considered to be self-employed, so in effect, you are running your own one-person business. Any income that you earn as an independent contractor must be reported on Schedule C. You'll then pay income taxes on the total profit.
The most common business organizations for Independent Contractors include C-corporation, S-Corporation, Partnership, Limited Partnership (LP), Limited Liability Partnership (LLP), Limited Liability Company (LLC), and Sole Proprietorship.
All businesses in Utah are required by law to register with the Utah Department of Commerce either as a "DBA" (Doing Business As), corporation, limited liability company or limited partnership. Businesses are also required to obtain a business license from the city or county in which they are located.
During President Donald Trump's administration, the DOL issued a final rule clarifying when workers are independent contractors versus employees. The rule applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.
Independent contractors report their income on Schedule C (Form 1040), Profit or Loss from Business (Sole Proprietorship). Also file Schedule SE (Form 1040), Self-Employment Tax if net earnings from self-employment are $400 or more.
Simply put, being an independent contractor is one way to be self-employed. Being self-employed means that you earn money but don't work as an employee for someone else.
The Utah Workers' Compensation Act defines an independent contractor as "any person engaged in the performance of any work for another who, while so engaged, is (A) independent of the employer in all that pertains to the execution of the work; (B) not subject to the routine rule or control of the employer; (C) engaged
Yes! It's true that many self-employed individuals, especially those who work from home, never get a business license in Utah. But if your local government finds out that you're running an unlicensed business, you might be fined, or even be prevented from doing business until you obtain the license.
