West Virginia Contract with Independent Contractor to Work as a Consultant

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Multi-State
Control #:
US-13375BG
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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

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.

Make sure you really qualify as an independent contractor. Choose a business name (and register it, if necessary). Get a tax registration certificate (and a vocational license, if required for your profession). Pay estimated taxes (advance payments of your income and self-employment taxes).

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.

This agreement should clearly state what tasks the contractor is to perform. The agreement will also include what tasks will be performed and how much the contractor will be paid for his or her work. A contractor agreement can also help demonstrate that the person is truly an independent contractor and not an employee.

What Should an Independent Contractor Agreement Contain?Terms. This is the first section of any agreement or contract and states the names and locations of the parties involved.Responsibilities & Deliverables.Payment-Related Details.Confidentiality Clause.Contract Termination.Choice of Law.

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.

A consultant is someone who acts as an individual or through a service company and provides services to your business on a self-employed basis. A consultant is not your employee and therefore does not have an Employment contract.

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.

How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.

No, they cannot. To stress, any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee. Note that no declaration or appointment paper is necessary to make one a regular employee.

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West Virginia Contract with Independent Contractor to Work as a Consultant