Docstoc

Independent Contractor Form

Document Sample
Independent Contractor Form Powered By Docstoc
					                                      SANTA CLARA UNIVERSITY
            PROFESSIONAL SERVICES & INDEPENDENT CONTRACTOR FORM

NOTE: Both pages of this form must be completed for determination of independent contractor
vs. employee relationship. Attach this form to a completed Payment Request and submit to
Accounts Payable for disbursement.

I. GENERAL INFORMATION OF SERVICE PROVIDER

FULL NAME
               Printed Name                                                 Signature
SOCIAL SECURITY/TAX IDENTIFICATION NO.
                                                                            (If NO, contact A/P for State/Federal Tax
                                                                            Withholding Compliance before negotiating
U.S. CITIZEN & CA RESIDENT:                              YES         NO     payment)

ADDRESS


               City                                                         State                    Zip Code
          Telephone No#                                                     Fax No#

II. SERVICES RENDERED

LOCATION OF SERVICES
DESCRIPTION OF SERVICES/ACTIVITY:


DATE(S) OF SERVICES:

                                                               AMOUNT BILLED FOR SERVICES
III. OTHER EXPENSES
INSTRUCTIONS: To be reimbursed for expenses, ORIGINAL receipts must be attached,
organized and totaled by the categories below. Receipts are not necessary for items of $25.00
or less. NOTE: A 1099 WILL BE ISSUED FOR THE TOTAL AMOUNT BILLED.

TRAVEL (air, bus, taxi, parking)

AUTO MILEAGE:                           Miles at        0.375 cents per mile                                       $0.00

LODGING & MEALS

OTHER (Itemize)

                                                                   TOTAL AMOUNT BILLED                             $0.00

UNIVERSITY AUTHORIZATION
AUTHORIZED BY:
                           Printed Name                                                  Signature


               Department                                                   Ext.                     Date

FORM PRO-SRV (REV 2/02)




    6b6a0503-86f9-4b39-9647-8dd81eac84df.xls - Professional Services                                            1 of 3
IV. EMPLOYEE OR INDEPENDENT CONTRACTOR
If you answer YES to any of these questions, in most cases the individual is considered to be an employee. However, these
questions are subjective, and an individual may or may not be classified as an employee based on the individual's occupation or
other circumstances. Payroll & A/P will make the final determination as to the proper classification.

                                                                                              EMPLOYEE     INDEPENDENT CONTRACTOR
                                                                                              YES                    NO
1. Is the payee a Santa Clara University employee?

2. Is the individual working exclusively or subtantially full-time for SCU?

3. Are the services normally performed or can they be performed by SCU employee?
(Teaching, training, etc.)

4. Are the services of the individual integrated into the operations of the University?

5. Is SCU providing long-term assistance to the individual such as additional personnel,
support, supplies, equipments, tools, office space, etc, and/or does the individual receive
reimbursement for travel and business expenses?

6. Is SCU providing on-going training and direction concerning how to complete the
task? Or is the individual getting more than general directions and the objectives of the
tasks?

7. Does the prospective independent contractor report to SCU staff member who has the
right to change how, when and where the individual does his/her work?

8. Is there a regular or on-going relationship with the prospective independent
contractor? For example, are you hiring the individual for more than a one-time task and
is he/she getting paid on an hourly, daily or weekly basis?

9. Is the prospective independent contractor using experience or expertise gained as a
current or previous employee of SCU to provide the service?

10. Can the independent contractor quit prior to completion of the project without
incurring any legal liability?

11. Can the independent contractor be terminated at will by the University?

An independent contractor normally:
*Maintains a separate business with his own work facility, equipment, materials or similar accommodations;
*Holds or has applied for a federal employer indentification number, unless the IC is a sole proprietor who is not required to
obtain a federal employer identification number;
* Performs or agrees to perform specific series or work for a specific amount of money and controls the means of performing the
services or work;
*Incurs the principal expenses related to the service or work that he performs or agrees to perform;
*Is responsible for the satisfactory completion to work or services that he performs or agrees to perform and is or could be held
liable for failure to complete the work or services;
*Receives compensation for work or services performed through a commission or on a per-job or competitive-bid basis;
*May realize a profit or suffer a loss in connection with performing work or services; and
*Has continuing or recurring business liabilities or obligations.

If, after completing this form, the responses indicate that the individual performing services is:
  1) An EMPLOYEE: submit Payment Request Form to Human Resources Payroll Office.
  2) An INDEPENDENT CONTRACTOR: submit Payment Request and Professional Services/Independent Contractor Forms to
  Accounts Payable.




    6b6a0503-86f9-4b39-9647-8dd81eac84df.xls - Professional Services                                                    2 of 3
       PROFESSIONAL SERVICES & INDEPENDENT CONTRACTOR FORM

Purpose: To provide necessary information to pay an Independent Contractor.

Special Instructions:

Payments to Non-California Residents

California Law requires that we withhold and pay to the State of California 7% of all payments made to vendors
outside California who provide services within California and are neither a resident of, nor have a permanent
place of business in California. Withholding is not required if payment to a payee is less than $1500.00 within a
calendar year. A link to instructions and the form title “Withholding exemption Certificate and IRS Form W-9” can
be found on the University Finance Office website

Payments to Non-U.S. Citizens

If the payments are to non-resident aliens for services provided outside of the U.S., no reporting or withholding
requirements exist.

Payments to non-resident aliens for services provided within the U.S. such as honoraria, speaker fees, living and
travel allowances, prizes or awards are subject to withholding for IRS purposes. All payments made to non-
resident aliens is subject to a reporting on 1042S even if not subject to withhold.

Independent Contracts: Pay on a payment request through Accounts Payable. Must have the Professional
Services form attached which includes a Social Security # and a W-8 certifying foreign status. 30% will be
withheld unless covered by treaty, in which case the form 8233 must be completed and filed with the IRS. This
includes payments for travel and living expenses. The University will issue a 1042S. A link to instructions and
form W-8, Certificate of Foreign Status, can be found on the University Finance Office website.




6b6a0503-86f9-4b39-9647-8dd81eac84df.xls                                                                      3 of 3

				
DOCUMENT INFO
Description: Independent Contractor Form document sample