In addition to the obvious expenses of salaries, bonuses, and other compensation, employees can cost a company in more subtle ways, requiring further outlays for benefits, payroll taxes, insurance premiums, office space, and equipment. These fixed costs don’t apply to independent contractors: companies can use such individuals for specific tasks as the business requires, and avoid the legal minefields of hiring and firing staff according to the ebb and flow of the market. Organizations can choose experts to perform the necessary work at the time it’s needed, and can avoid the cost and hassle of providing additional education or training to current employees.
There are risks, of course, for a business using independent contractors, the most dangerous of which is that those individuals will be reclassified as employees. If this happens, the company that used those contractors will be required to reimburse the IRS or state tax authority for delinquent employment taxes, interest, and penalties. Indeed, the IRS has itself said that written independent contractor agreements may provide dispositive evidence that individuals have not been working as employees.
The enclosed document should provide a good starting point for your contracting arrangement. Both parties must continue to discuss the terms of their agreement, settling questions about work parameters, payment, and responsibilities. Once you have agreed on contract terms and have signed the attached form, each party can focus on its area of expertise: the company on the development of its business and the contractor on the tasks assigned.
INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (the “Agreement”) is entered into as of _________ __, 20____ (the “Effective Date”) by and between ______________, a __________ [individual/corporation/partnership/etc.] (the “Contractor”), and _______________________, a __________ [corporation/partnership/etc.] (the “Company,” and together with the Contractor, the “Parties”). RECITALS WHEREAS, the Company wishes to engage the Contractor as an independent contractor for the Company for the purpose of completing certain specified tasks on the terms and conditions set forth below; and WHEREAS, the Contractor wishes to provide the Services (as defined below) in accordance with the terms of this Agreement; and WHEREAS, each Party is duly authorized and capable of entering into this Agreement. NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows: 1. RESPONSIBILITIES. (a) Of the Contractor. The Contractor agrees to do each of the following: A. Perform the Services set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Services”). B. Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner. C. Perform the Services in a safe, good, and workmanlike manner by fully-trained, skilled, competent, and experienced personnel using at all times adequate equipment in good working order. D. Communicate with the Company regarding progress the Contractor has made in performing the Services. E. Supply all tools, equipment, and supplies required to perform the work under this Agreement, except to the extent that the Contractor’s work
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