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Independent Contractor - University of North Carolina School of the

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					Procedure #306                                                       Approved: February 17, 2011


            MUNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
                              Independent Contractor Policy
                                           Policy #306
Source of Authority: Internal Revenue Code § 3509;
                     Internal Revenue Code § 3121(d);
                     Internal Revenue Code § 3306(a);
                     Internal Revenue Code § 3401(c);
                     Internal Revenue Code § 3401(d)
                     Related Internal Revenue Service Regulations;
                     N.C.G.S. § 116-34(a);
                     UNC Code § 502(A)
Revision Authority: Chancellor
History:              First Issued: February 17, 2011
Related Policies:     Internal Revenue Code § 3509;
                      Internal Revenue Code § 3121(d);
                      Internal Revenue Code § 3306(a);
                      Internal Revenue Code § 3401(c);
                      Internal Revenue Code § 3401(d)
                      Other Related Internal Revenue Service Regulations;
                      Accounts Payable Policy #301;
                      Cash Management Policy #302;
                      Honorarium Policy #305;
Responsible Offices: Controller’s Office
Effective Date:       February 17, 2011

I. Purpose
   This policy has been developed to set forth UNCSA policy and procedures for the
   engagement of independent contractors. Because significant tax penalties may be imposed
   for incorrectly classifying an employee as an independent contractor and the University may
   be exposed to unnecessary legal liability in the contracting process, it is important that
   UNCSA address these issues by defining a common standard in the way it conducts activities
   with external individuals and organizations. The IRS levies costly fines and penalties if it
   determines that an individual should have been paid as an employee and the organization
   paid the individual as an independent contractor.

II. Scope
   This policy is applicable in all situations in which a University department recognizes a need
   for supplemental services involving an individual or organization external to UNCSA (i.e.,
   the required service is not available.).
   Further, this policy applies to all activities involving independent contractors, regardless of
   the State funding source.



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Procedure #306                                                     Approved: February 17, 2011


III. Definitions
   A. “Contract” means a legally binding, bilaterally executed agreement that establishes the
      rights and duties of the parties and provides remedies for breach.
   B. “Consultant” means an individual who possesses specialized knowledge, experience,
      expertise and professional qualifications to investigate assigned problems or projects and
      to provide counsel, review, analysis or advice in formulating or implementing
      improvements in programs or services.
   C. “Employee” means a person paid through the UNCSA payroll system to perform a
      service for the University. Typically, the University controls the work to be performed, as
      well as how, when, and where it will be performed. Employees are provided the facilities
      and tools necessary to perform their work and are not at risk for profit or loss.
   D. “Guest Speaker” means a non-employee engaged by the University to lecture, present,
      or otherwise speak on a subject about which he/she is considered to be an expert.
      Examples include speakers/presenters at conferences, symposiums, or lecture/speaker
      series and/or guest lecturers in classes or other training events.
   E. “Independent Contractor” means an individual or organization having no connection or
      relationship with the University who is engaged to perform a specific service not readily
      available from within UNCSA. An independent contractor (a.k.a., guest artist, freelancer,
      etc.) is bound by contract to perform services as the master of her/his own time, with full
      liability for job-related actions, and responsibility for all aspects of the means and
      methods of the service to be performed. The University may require proof of adequate
      insurance from independent contractors.
   F. “Non-Resident Alien” means a person who is not a citizen of the United States or is not
      a resident alien (i.e., someone who does not have a Green Card).
   G. “Professional Services Agreement” or “PSA” means a bilaterally executed contract that
      establishes the relationship of employer-independent contractor, such that the
      independent contractor is expected to provide a specified service to the University. PSA's
      are discussed in detail in the Procedures section of this policy.
   H. “Resident Alien” means an individual who is not a United States citizen, but who either
      has a Green Card or meets the "substantial presence test" of the Internal Revenue Service.

IV. Policy
   A. The procedures associated with this document must be completed in their entirety prior to
      the performance of any services by an independent contractor.
   B. UNCSA to complies with all applicable State and federal requirements for the
      classification, appointment and reporting of independent contractors.
   C. Prior to the commencement of any engagement, the relationship of the parties must be
      identified to determine if the service provider should be classified as an employee of the
      University or as an independent contractor.




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Procedure #306                                                       Approved: February 17, 2011


   D. Current employees of UNCSA or another State agency as an administrative employee,
      faculty, graduate assistant, or student worker, and if the service rendered is teaching a
      credit generating course should be paid as employees.
   E. Current University employees cannot be paid through a professional services agreement
      for any extra services provided; they must be paid through existing Payroll and Office of
      Human Resources procedures.
   F. If the individual is considered a consultant, contact Purchasing Office to ensure proper
      classification when hiring and paying these individuals.
   G. Non Resident Aliens
          1. Non-resident aliens may be paid as independent contractors providing their
             specific visa requirements permit compensation for services as well as have an
             authorization to work.
          2. Non-resident aliens may be exempt from the withholding of taxes in accordance
             with tax treaties between their country and the United States.
   H. In accordance with Internal Revenue Service (IRS) guidelines, a service provider must be
      free to determine how and when work is to be performed. In the absence of such
      independence, a worker should normally be classified as an employee.
   I. All the facts and circumstances of a particular situation must be taken into account in
      determining whether an individual worker should be processed as an employee or as an
      independent contractor.
   J. If an individual's relationship to the University is questionable as to whether he/she is to
      be paid as an independent contractor or an employee, Financial Services must be
      contacted in order to determine the classification of the relationship.
   K. Departments should submit a copy of the agreement attached to payment request.
   L. Financial Services will make the final determination of the individual status.

V. Revision History
   A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual




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Procedure #306                                                      Approved: February 17, 2011


            UNIVERSITY OF NORTH CAROLINA SCHOOL OF THE ARTS
                           Independent Contractor Procedures
                                       Procedure #306

I. Processing Independent Contractor’s Services
   A. Once the department makes the determination that a worker is to be hired as an
      independent contractor, the department must complete the Independent Contractors Form
      303 which can be found on UNCSA’s website
      (http://www.uncsa.edu/formsprocedures/Independent%20Contractor%20Form%20303.p
      df).
   B. Departments must obtain the appropriate signatures prior to submission to Financial
      Services.
   C. All forms should be sent to the following email address: financialservices@uncsa.edu.
   D. Financial Services will make the final determination of the individual status. If Financial
      Services approves the individual as an independent contractor, a Professional Service
      Agreement should be completed.

II. Professional Services Agreement
   A. Professional Service agreements establish a contractual agreement for one-time or short
      duration services with individuals (such as guest speakers, entertainers, etc.).
   B. The Professional Services Agreement form is available on UNCSA’s website
      (http://www.uncsa.edu/formsprocedures/).
   C. In general, Professional Service Agreements are to be used for independent contractors.
   D. Before any performance of services, campus units contracting for personal/professional
      services must assess the relationship with the individual provider to ensure that
      individuals hired or contracted to perform services are properly classified.
   E. All agreements should contain a precise statement of what service the provider is to
      render, terms of the payment and if any, negotiated travel expenses, and the provider’s
      social security number or individual taxpayer identification number, etc.
   F. Agreements must be signed by the appropriate personnel, both within UNCSA and the
      provider of the services, prior to the beginning of service.
   G. Departments should submit a copy of the agreement attached to payment request.
   H. The provider should be advised by the paying unit that the amount paid will be reported
      to the IRS on a 1099 form by January 31 of the following year.
   I. For foreign contractors, the amount may be reported to the IRS on form 1042-S.
   J. Occasionally, the provider is not able to sign the contract in time for a check to be ready
      for payment at time of performance of services. In these cases, it is allowable to use an
      agreement with all items filled in except signature, with the understanding that the
      signature will be obtained at time of performance. The signed form is then to be sent to
      the appropriate division of the Financial Services for attachment to the invoice voucher.


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Procedure #306                                                     Approved: February 17, 2011


III. Obtaining a Purchase Order
   A. Departments should submit a requisition to Purchasing attached to the Professional
      Service Agreement for the individual.
   B. The approved Independent Contractor Form 303 is sent electronically to Purchasing via
      email by Budget Office.
   C. Purchasing will then create a purchase order and submit a copy to the department.
   D. Departments still must submit the final signed copy of Professional Service Agreement
      to Purchasing once completed.

IV. Determining Worker’s Status
   E. The IRS has developed a series of twenty questions (factors) aimed at satisfying the
      common law test of independence.
   F. The IRS 20-question test for determining independent contractor status is available on the
      UNCSA's website (http://www.uncsa.edu/formsprocedures/IRS.htm).
   G. The IRS stresses that the degree of importance of each factor varies depending on the
      occupation and the factual context in which services are performed.

V. Independent Contractors Payment Procedure:
   A. In order to process an Independent Contractors payment, the Independent Contractors
      Form 303 should be completed and approved by all applicable parties and the form must
      be submitted to Accounts Payable Office along with the direct pay request and
      Professional Service Agreement attached.
   B. Payment will not be paid without all required documentation.
   C. Travel reimbursements must include travel receipts attached to a direct pay request to
      reimburse the independent contractor. A Non-Employee travel authorization should be
      completed and approved prior to travel arrangements.
   D. Incomplete documentation will be return to the department.

VI. Questions Regarding Payment
   A. Contact Human Resources with any questions regarding payment of these individuals
      through the regular University payroll.
   B. Any questions involving the determination of whether or not an employer/employee or an
      independent contractor situation exists should be addressed to the Financial Services.
   C. If you have questions regarding immigration and taxation regulations concerning foreign
      contractors, you can contact UNCSA's Disbursement Officer at extension 1353.




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