Independent Contractors

An independent contractor is an individual under contract to perform a specific service, give advice or render assistance within a specific time period. They include consultants, coaches, referees, speakers, bands, DJs, etc.

Under the University policy, several steps are required to pay any individuals rendering any form of service. It is extremely important that organizations follow these procedures since organizations or any members cannot pre-pay any individual and ask for reimbursements. Please also remember that any payments can be paid only after services have been rendered.

As soon as humanly possible, please submit the following forms to the Treasurer. These forms are required only at the beginning of each semester. We urge all organizations to have the following forms filled out as soon as possible. Technically, a contractor should not begin work until after these forms have been signed and submitted.

• W-9 if US citizen or a Green Card holder
• W8BEN if not a US citizen
• Independent Consultant Agreement
• Consultant Authorization Form if an individual is being paid more than $1,500 in the fiscal year (July 1, 2006 ~ June 30, 2007)

AFTER services have been rendered, please submit the following forms to the Treasurer.

• Non-Employee Payment Request Form
• Invoice, which should include the following information:
  • Date invoice was made
  • Invoice number
  • Name(s) of consultant
  • Specific Date(s) services rendered
  • Purpose
  • Contact information of a contractor
  • Rate per date/session
  • Total amount to be paid.

Brandeis employees or brandeis students as contractors

If a club is planning to hire a current Brandeis employee or a Brandeis student, the club must talk to the Treasurer before signing any contract. This will require additional forms and procedures such as approval from Human Resources Department.

Split Payment

Sometimes, the F-Board does not approve the entire contract amount. In such cases, it has been a common practice for organizations to pay the remaining money directly to an individual. However, this split system is not allowed due to tax laws of the University, United States Government and the Commonwealth of Massachusetts. If the F-Board does not fully fund for an individual contractor, please give remaining money an organization plans to pay to the Treasurer so that the entire money can be paid through the University.

Example

Club X requests $2,000 for a coach. However, the F-Board only allocates $1,500. The club plans to pay the remaining $500 through their own pockets. Instead of paying the individual directly, please do the following:

• Deposit money into the Fundraising Account
• In the Fundraising Account Deposit Form, make a note that the money being deposited is for the payment of remaining amount for an independent contractor
• The Treasurer will process requests so that the contractor can receive a check with the full amount indicated in the contract.

Up-Front Payment

Usually, issuing checks to independent consultants before the service has been rendered is not allowed. However, there may be rare exceptions (e.g.: a band is coming all the way from Ohio, is going back to Ohio right after the concert, and is in the middle of a national tour). If you want to arrange up-front payment, talk to the Treasurer for approval. Please remember that organizations should plan at least a week ahead of an event.

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This page is availabe online at:
http://union.brandeis.edu/fboard/contractors.php