Independent Contractor
An independent contractor is a person who is contracted to perform services without having the legal status of an employee. This section provides information specific to these individuals.
Procedure for Non-Sponsored RF Funds Only
The procedures on this page apply to independent contractors paid with non-sponsored RF funds only. A different process is followed when using sponsored RF funds. Learn about the independent contractor procedure for sponsored RF funds.
About Independent Contractors
Independent Contractors (IC) are generally individuals who follow an independent trade, business or profession in which they offer their services to the public and complete such services free of control or direction from the payer as to the means and methods used to complete the task. Under the Internal Revenue Service (IRS) general rules, an individual is an IC if you, the payer, have the right to control the results of the work, not the means and methods.
The IRS uses the 20 Factors of the Common Law Test to determine whether an individual is an employee or an IC. These 20 factors or 20 questions assist in determining if a relationship or evidence of control/right to control (behavioral and financial) exists between the payer and worker.
Under IRS rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done, even if freedom of action is granted to the individual worker.
A worker may always be classified as an employee even if the worker meets the criteria of an IC.
It is illegal to knowingly classify an employee as an independent contractor in order to avoid Affirmative Action recruitment efforts, and or payment of employment taxes, fringe benefits, etc. The IRS imposes fines and penalties for misclassification of service.
Determining if Someone is an Independent Contractor
The Internal Revenue Service considers a worker to be an independent contractor (IC) if he or she:
- Determines place and sequence of work.
- Is not trained (by the University) for the job.
- Possesses special skills or training.
- Provides a service not related to payer's normal business activities.
- Has the option to delegate work to others (not University employees).
- Employs own assistants.
- Works by the job.
- Sets own work hours.
- Generally works off-site.
- Can set own schedule (work flow).
- Files reports when job ends; interim reports possible (does not submit regular reports).
- Pays own business and travel expenses; part of job costs.
- Furnishes own tools and equipment.
- Has significant investment in facilities used.
- Can make a profit or suffer a loss if the project is not completed.
- Works for several companies at one time.
- Makes services available to the general public.
- Can not be fired if results satisfy the contract.
- Must complete job according to contract specifications.
Process for Engaging an Independent Contractor
To begin engaging a contractor, please complete the Request for Advance Approval for Independent Contractor Services form.
If the individual is a US Citizen with a valid Social Security number, please complete the Request for Taxpayer Identification Number and Certification (W-9).
If the individual is other than a US Citizen, please contact our Foreign National Tax Unit at 645-7777 for further assistance. They will advise which forms are required for this individual.
All RF Contractor payments require a valid social security number or ITIN before payment may be released.
Once advance approval has been submitted, please complete the Payment for Independent Contractor Services form.
Contact an Expert
Brendan Davis
Accounting: Non-sponsored RF
Financial Management
Phone: 716-645-2602