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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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We are starting a School of Performing Arts at our church.

Resolved Question:

We are starting a School of Performing Arts at our church. We charge for the lesson and we give the teacher, administrator and church a percentage. The teacher schedules the time and lesson material with the student. Can we 1099 these teachers?
Submitted: 3 years ago.
Category: Tax
Expert:  Wallstreet Esq. replied 3 years ago.

Wallstreet Esq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

Wallstreet Esq. :

If the teachers make their own schedule, and controls their hours, they can be considered as contractors.

Wallstreet Esq. :

The key issue in terms of defining a contractor is employer control of the employee.

Wallstreet Esq. :

If the teachers have the ability to control when they work, and who they work for and are not limited to just working for you, you can pay them a 1099.

Wallstreet Esq. :

Facts that provide evidence of the degree of control and independence fall into three categories:




  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?



  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)



  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?



Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another.


 

Wallstreet Esq. :

This is from the IRS rules and regulations:

Wallstreet Esq. :

Also, have every teacher sign an independent contractor agreement so they have no issues as well.

Customer :

I've looked through the internet for a independent contractor agreement. Everyone I see is saying the agreement is with a company and some even ask for the company's license number. Do you have a link to a independent contractor agreement that would be between our corporation and them as an individual because these are people who are just teaching a piano or voice lesson on the side. Most of them are doing it after they get off work from their normal job.

Wallstreet Esq. :

Independent Contractor's Agreement


 


This Independent Contractor's Agreement (Agreement) is entered into this ____ day of ______________, 20__, by and between ___________________________________________, a ___________________ corporation (Corporation), and _______________________________, an independent contractor (Contractor), in consideration of the mutual promises made herein, as follows:



Term Of Agreement.



This Agreement will become effective on the ______ day of _______________, 20__, and will continue in effect until:



Services to be Performed by Contractor.



Specific Services. Contractor agrees to:


Method of Performing Services. Contractor will determine the method, details, and means of performing the above-described services.


Employment of Assistants. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this Agreement. Corporation may not control, direct, or supervise Contractor's assistants or employees in the performance of those services.



Compensation.



Flat Fee. In consideration for the services to be performed by Contractor, Corporation agrees to pay Contractor the sum of ________________________ dollars ($__________), upon completion of the work to be performed.


Hourly Compensation. In consideration for the services to be performed by Contractor, Corporation agrees to pay to Contractor the sum of ________________ dollars ($_____) per hour. In no event, however, will the compensation paid to Contractor be less than _______________________ dollars ($_____), payable to Contractor on the ______ day of each month.


Retainer. In consideration for the services to be performed by Contractor, Corporation agrees to pay Contractor the sum of ______________________ dollars ($__________) as a retainer at the time of execution of this Agreement. In addition to the retainer, Corporation agrees to pay monthly any and all reasonable and necessary expenses incurred by Contractor on behalf of Corporation in connection with the services performed by Contractor, payment for such expenses being made on the _____ day of each month.



Duties of Contractor.



Minimum Amount of Service. Contractor agrees to devote a minimum of _______ (__) hours per month to the performance of the above-described services. Contractor may represent, perform services for, and be employed by such additional clients, persons, or companies as Contractor, in Contractor's sole discretion, sees fit.


Hours During Which Services May be Performed. Contractor agrees to perform the above-described services on Corporation's premises during Corporation's regular business hours.


Tools and Instrumentalities. Contractor will supply all tools and instrumentalities required to perform the services under this Agreement.


Workers' Compensation. Contractor agrees to provide workers' compensation insurance for Contractor's employees and agents and agrees to hold harmless and indemnify Corporation for any and all claims arising out of any injury, disability, or death of any of Contractor's employees or agents.


Liability Insurance. Contractor agrees to maintain a policy of insurance in the minimum amount of _________________ Dollars ($__________) to cover any negligent acts committed by Contractor or Contractor's employees or agents during the performance of any duties under this Agreement. Contractor further agrees to hold Corporation free and harmless from any and all claims arising from any such negligent act or omission.


Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor without the prior written consent of Corporation.



Obligations of Corporation.



Cooperation of Corporation. Corporation agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this Agreement.


Place of Work. Corporation agrees to furnish space on Corporation's premises for use by Contractor while performing the above-described services.


Assignment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Corporation without the prior written consent of Contractor.



Termination Of Agreement.



Termination Upon Notice. Notwithstanding any other provisions of this Agreement, either party hereto may terminate this Agreement at any time by giving ________ days written notice to the other party.


General Provisions


Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change that address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing.


Entire Agreement. This Agreement supersedes any and all agreements, either oral or in writing, between the parties hereto with respect to the rendering of services by Contractor for Corporation, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.


Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.


Arbitration. Any controversy between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by the American Arbitration Association. The parties will each appoint one person to hear and determine the dispute and if they are unable to agree, then the two persons so chosen will select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in such proportions as the arbitrators decide. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


 


Liquidated Damages. It is agreed that in the event of a breach of this Agreement by Contractor, it would be impracticable or extremely difficult to fix the actual damages and, therefore, Contractor will pay to Corporation as liquidated damages and not as a penalty, the sum of ________________ dollars ($__________), which represents a reasonable compensation for the loss incurred because of the breach.


 


Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of ________________________________.


_____________________________________________________ ____________________


Corporation, by _____________________ Date


 


_____________________________________________________ ____________________


Contractor Date

Wallstreet Esq. :

http://www.alllaw.com/forms/employment/independant_contractors_agr/

Wallstreet Esq. :

The form above is a good start, and you can find it also at the above website.

Wallstreet Esq. :

If you are satisfied with our service please press the accept button so we can receive credit. Thank You.

Wallstreet Esq. :

Feel free to ask any questions if you need more help/

Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 16301
Experience: 10 years experience
Wallstreet Esq. and 2 other Tax Specialists are ready to help you

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10 years experience