Information For Vendors

Terms and Conditions of Purchase Order

Independent Contractor

The IRS and the ÐßÐßÊÓÆµDepartment of Labor (DoL), require Independent Contractor Determinations for all service providers who are not incorporated.  The default position of the IRS and DoL is that all non-incorporated individuals providing service to the University should be classified as employees unless it is clear that the individual qualifies as an independent contract under all of the IRS common law factors.  These factors include:

  1. : Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. : Are the business aspects of the worker’s job controlled by the payer? (these include things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. : 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?

Non-incorporated service providers will be asked to complete Section A of the University’s Independent Contractor Status Determination Form.  This will allow the University to determine if the service provider can be classified as an independent contractor under IRS common law factors.  The department requesting services will complete Section B of the Independent Contractor Status Determination Form.  This will allow the University to determine if the services sought are eligible to be outsourced to an independent contractor.  Under IRS and DoL rules, many services which are currently, or have been previously, performed by University employees cannot be outsourced.  In addition, Independent Contractor Determinations may require review by Risk Management to assess the level of risk associated with the contractor's activities.  The risk manager may specify appropriate types and levels of insurance the contractor must have prior to providing service.

IRS Revenue Ruling 87-41 identifies 20 factors that should be considered as guidelines to determine the degree of control over the individual. Not every factor is applicable in every situation, and the degree of importance of each factor varies depending on the type of work and individual circumstances. However, all relevant factors are considered in making a determination, and no one factor is decisive. It does not matter that a written agreement may take a position with regard to any factors or state that certain factors do not apply, if the facts indicate otherwise.

  1. Instructions.  An employee must comply with instructions about when, where and how to work. Even if no instructions are given, the control factor is present if the employer has the right to control how the work results are achieved.
  2. Training.  An employee may be trained to perform services in a particular manner.  Independent contractors ordinarily use their own methods and receive no training from the purchasers of their services.
  3. Integration.  An employee's services are usually integrated into the business operations because the services are important to the success or continuation of the business. This shows that the employee is subject to direction and control.
  4. Services rendered personally. An employee renders services personally. This shows that the employer is interested in the methods as well as the results.
  5. Hiring, supervising and paying assistants. An employee works for an employer who hires, supervises, and pays workers. An independent contractor can hire, supervise, and pay assistants under a contract that requires him or her to provide materials and labor and to be responsible only for the result.
  6. Continuing relationship. An employee generally has a continuing relationship with an employer. A continuing relationship may exist even if work is performed at recurring although irregular intervals.
  7. Set hours of work.  An employee usually has set hours of work established by an employer. An independent contractor generally can set his or her own work hours.
  8. Full-time required.  An employee may be required to work or be ava