Purchasing
Department
Form
Contractual and Consultant Services
Independent Contractor Status Form
North Carolina State University
"Checklist For Determination Of Independent Contractor Status"
To ensure that agreements or contacts with
individuals are properly classified for employment status according to Internal
Revenue Service guidelines, this checklist MUST be completed for all
personal service contracts and forwarded to the Purchasing Department with the
contract or agreement for review.
For the individual to be categorized as an independent contractor and not an
employee, the answers to the majority of the following questions should be YES.
If you have any questions or need assistance in completing the checklist, please
call the University Controller at 5-3824. If the contract does not address the
stated issue, please indicate "not stated."
| |
YES |
NO |
-
Does the contract state that the University has no
right to control how the work is performed? (Note: Control level is
only on an end product or result.)
|
_____ |
_____ |
- Does the contract state how the independent contractual
obligations are met?
|
_____ |
_____ |
- Does the contract state that the independent contractor has a right to
hire and fire assistants?
|
_____ |
_____ |
- Does the contract state that the independent contractor will treat
controlled assistant as employees of the contractor and comply with all tax
requirements?
|
_____ |
_____ |
- Is the independent contractor paid by the job, rather than by the hour?
|
_____ |
_____ |
- Is the independent contractor viewed as a skilled worker?
|
_____ |
_____ |
- Is the independent contractor hired for a specified time period?
|
_____ |
_____ |
- Are the hours of work set by the independent contractor?
|
_____ |
_____ |
- Does the independent contractor advertise and project an image to the
public as an individual in private business? For example, does the independent
contractor utilize business cards, advertise in the yellow pages or advertise on
the side of a truck or van?
|
_____ |
_____ |
- Does the University consistently refer to the worker as an independent
contractor in letters, memoranda, invoices, check stubs, and other
correspondence between the parties?
|
_____ |
_____ |
- Does the independent contractor furnish the
tools used?
|
|
|
- Is the independent contractor engaged by the University to do something
that is not part of the day-to-day operations of the University?
|
_____ |
_____ |
ADDITIONAL COMMENTS:
|
______________________________________________
Contractor Name |
|
______________________________________________
Contractor FID/SSN
Identification |
|
______________________________________________
Date of Contract |
| Prepared by: |
______________________________________________
Name |
|
______________________________________________
Title |
|
______________________________________________
Phone No. |
Rev. (07/2000)