Contractor s questionnaire for a Private Company/Close Corporation/Trust or other legal entity

Similar documents
Finance Guideline. Guidelines

INTERPRETATION NOTE: NO. 35 (ISSUE 3) DATE: 31 March 2010

GUIDELINES FOR DETERMINING EMPLOYEE OR INDEPENDENT CONTRACTOR RELATIONSHIPS

- NEW HAMPSHIRE EMPLOYMENT SECURITY

Guidelines on Agreement for Contract for Services

Relocation Policy. August 2013

January 19, Comptrollers Office. Independent Contractor vs. Employee Discussion EXCERPTS FROM IRS. Rev. Rul C.B.

SECURING AND PAYING FOR CONSULTANTS AND INDEPENDENT CONTRACTORS

Questionnaire CONTRACTOR PAYMENTS

SCHEDULE: TERMS OF AGREEMENT

General Terms of Public Procurement in Service Contracts JYSE 2014 SERVICES

Coeliac UK funded Intellectual property: Exploitation consent and standard revenue/equity sharing agreement

Business Debt Recovery Terms & Conditions

General Terms of Public Procurement in service contracts JYSE 2009 SERVICES

This section incorporates the IRS guidelines that are currently in effect.

Agreement Number: F.E.I.D. Number: Procurement Number: D.M.S. Catalog Class Number:

Employee Salary Sacrifice Share Plan

Attachment C. AGREEMENT between the County Department of. Social Services, (referred to in this Agreement as "the Social Services

FABENS INDEPENDENT SCHOOL DISTRICT FABENS, TEXAS. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES Risk) FOR

AGREEMENT BETWEEN THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER CENTER SERVICE PROVIDER for A PROJECT OF LIMITED SIZE OR SCOPE

Software Quality Days

EMPLOYEE OR CONTRACTOR?

T: +43-(0) F: +43-(0)

TERMS OF ENGAGEMENT FOR LIMITED COMPANY CONTRACTOR

TERMS AND CONDITIONS OF SALE OF HARDWARE AND SOFTWARE

LITTLETON PUBLIC SCHOOLS INDEPENDENT CONTRACTOR AGREEMENT

REQUEST FOR PROPOSALS. Curriculum Evaluation Services. for. Network Security/Computer Forensics Associate Degree program ISSUE DATE: December 8, 2014

RTI Statement for New Starters Please tick the relevant box below:

THE UNIVERSITY OF UTAH INDEPENDENT CONTRACTOR SERVICES AGREEMENT INSTRUCTIONS

Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006

NPSA GENERAL PROVISIONS

Employment status Document 8. Employed or self-employed?

STUDENT AWARDS TAXATION GUIDANCE Controller s Office Tax Compliance

AGREEMENT WITH A SELF-EMPLOYED CONTRACTOR FOR CONSULTANCY SERVICES

INSURANCE REQUIREMENTS

SELF-DIRECTED INDIVIDUAL 401K ACCOUNT HOLDER DISCLOSURE AND HOLD HARMLESS

SERVICE SUPPLY AGREEMENT

Special Conditions / Expenses

TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT

CONTRACT FOR CONSULTANCY SERVICES. Section 1 Form of Contract

58 JOURNAL OF COURT REPORTING / APRIL 2001

Hospital-Based Physicians- Independent Contractor or? - Barry H. Frank, Esq.

Invitation to Tender

EXHIBIT "B" CRITERIA AND BILLING FOR EXTRA SERVICES

Mis-Sold Payment Protection Insurance (PPI) Claims Pack

Request for Quotation

Supplier prequalification Document

Memorandum Potentially Affected AIA Contract Documents AIA Document A AIA Document B Important Information

Contract Terms and Conditions Of Engagement Of Limited Company Suppliers

MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS

INDEPENDENT CONTRACTOR AGREEMENT (Between Broker and Licensee)

1.4 INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT

means the period during which the Contractor is engaged by the Employment Business to render services to the Client.

PURCHASE ORDER TERMS AND CONDITIONS

CLIENT / PROJECT MANAGER AGREEMENT

Personal Service Companies. Guidance Note GN 50

TERMS AND CONDITIONS OF SERVICE AGREEMENT

MANAGEMENT AGREEMENT ENTERED INTO BY AND BETWEEN: THE BODY CORPORATE OF SECTIONAL TITLE SCHEME, SCHEME NO: /. ( the Body Corporate ) AND

Frequently asked questions. FP7 Financial Guide

Proposal Public & Products Liability

Travel & Subsistence Policy & Procedures

COMPUTER AND INFORMATION TECHNOLOGY MANAGED SERVICES AGREEMENT

terms of business australia engagement of permanent staff services

Applicability / Objective

Business Insurance Application For Canadian Counsellors

(Vacant premises; Non-nationals/Franchise deals)

CONTRACT FOR PAYROLL SERVICES. It is agreed by clicking on Acknowledge on the PayMe Australia Pty Ltd Contractors Join Online Form:

The Wheel. useful information for setting up a voluntary organisation

INSOLVENCY GUIDANCE NOTE STATEMENT OF INSOLVENCY PRACTICE 9 (NI): REMUNERATION OF INSOLVENCY OFFICE HOLDERS NORTHERN IRELAND

Operating Guide For Contractors

PART 252 SERVICE-DISABLED VETERAN-OWNED-BUSINESS ENTERPRISE PROGRAM. (Statutory authority: Executive Law, 200, 369-i[5])

Broker Compliance Evaluation. Manual

Standard business terms

EXHIBIT A (of Request for Proposal)

Consulting Master Services Agreement

CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR

Software Development. Standard Terms and Conditions. V2.0 January 2013

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC

Employee or Independent Contractor? Avoiding Misclassification. By: Kristin N. Zielmanski

Translation from German. GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria / , office@mangoart.

(INDIVIDUALS ONLY) IndContPkge Version: 1.7 Updated: 18 Jul. 03

Department: Public Works. Presented By: Michael J. Michael, City Engineer

AGREEMENT BETWEEN THE DELAWARE RIVER BASIN COMMISSION AND FOR

Construction Contracts

Exclusive Booking Agent Agreement

MASTER AGREEMENT FOR PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT SERVICES

TEXTURA AUSTRALASIA PTY LTD ACN ( Textura ) CONSTRUCTION PAYMENT MANAGEMENT SYSTEM TERMS AND CONDITIONS OF USE

FACTORING AGREEMENT ARGYLL COMMUNITY HOUSING ASSOCIATION LIMITED

DIRECTORS AND OFFICERS LIABILITY INSURANCE PROPOSAL FORM

Request for Quotation

Application for Retirement Income Plan Guaranteed Escalator Annuity

Independent Contractors RF Policies and Procedures

FACTORING AGREEMENT ARGYLL COMMUNITY HOUSING ASSOCIATION LIMITED

The following Accounting Standards Interpretation (ASI) relates to AS 7. ASI 29 Turnover in case of Contractors

The Comprehensive Service

DESCRIPTION OF THE PLAN

SAMPLE SERVICES CONTRACT

Setting up a Charity

The Comprehensive Service

Breed Communications Limited - limited company consultancy agreement

Transcription:

Contractor s questionnaire for a Private Company/Close Corporation/Trust or other legal entity 1. Your name: 2. Which of the following do you provide to the University of Cape Town (UCT)? 1.1. Persons You do not have to complete this form. Please go to the questionnaire for a Labour Broker. 1.2. A service with a determinable result Please attach a copy of a signed service agreement, and continue to question 3. 3. Name of your entity: 4. Type of entity : Company Close Corporation Trust If other, specify 5. How many employees who are unconnected to the entity are employed by the entity on a full time basis throughout the year of assessment? Note: The term unconnected excludes the shareholders / members or beneficiaries, or their relatives and any support staff (e.g. secretaries, cleaners, etc.). If the answer is more than 4, you do not have to proceed with the questionnaire. (You are classed as INDEPENDENT) 6. Nature of income: 1.3. Is 80% or more of the income of the entity for the current year of assessment derived directly or indirectly from one client or likely to be derived directly or indirectly from one client or an associated institution in relation to one client? Please explain briefly... 1.4. Do the amounts paid for the services rendered include earnings, which are payable at regular (e.g. daily, weekly, monthly) intervals? 1.5. Are such payments a fixed amount on a regular basis, e.g. monthly, or are they based with reference to results for service or work performed? 1.6. Are payments made on an invoice basis? How are these payments determined, e.g. based on an hourly rate, a monthly or weekly fixed amount, OR per task / work / services performed during that period? Please attach a copy of the latest invoice submitted by you to UCT 7. If you were rendering your services to UCT directly and not through a separate entity, do you believe that you would have been regarded as an employee of UCT? fg002_conquest_company Page 1 of 5

8. Supervision and control: 8.1. Does UCT determine the following? Please tick relevant box. UCT Finance Forms: Private Company/CC/Trust Your hours of work The timing and amounts of payment/s to be made 8.2. Are your activities supervised and / or controlled by UCT? 8.3. Does UCT provide you with the following? Please tick relevant box. An office Equipment, tools, stationery and material Training 9. Company Registration Number Vat Registration Number (if applicable) I declare that the information furnished in this questionnaire is true and correct and undertake to advise UCT within 7 days should any of the answers provided by me above change. I furthermore acknowledge that the information provided above will be used by UCT to determine whether payments to me will be subject to the withholding of employees tax Name in block letters Signature Date To be completed by Area Finance Manager or duly delegated senior area finance staff member Independent? Refer / complete Appendix B for assistance If independent, attach a signed copy of this questionnaire and assessment to the invoice, remembering to keep a copy of such documentation on record. If dependent, let the contractor complete the relevant HR form ASAP and submit to HR dept before the relevant payroll deadline. See FG002, 3. Payment via HR. Date of assessment: Name: Tel Ext Position Signature fg002_conquest_company Page 2 of 5

UCT s guide to the classification of contractors (Extracted from FG002, APPENDIX B Section 3) URL: http://www.uct.ac.za/usr/finance/policies/fg002.pdf Private Company / Close Corporation / Trust or other legal entity 1. Does the contractor provide a service to the University of Cape Town or does the entity provide persons? If PERSONS, please go to the questionnaire for a Labour Broker If SERVICE, continue to question 2 below 2. Did / will the contractor employ 4 or more full-time unconnected employees throughout the year of assessment? If, the Company / CC / Trust / legal entity cannot be a Personal Service Company / Trust and no PAYE need be withheld. If, proceed with classification. 3. Are the services rendered on behalf of the entity rendered personally by a person connected to such entity (e.g. the member of the CC, shareholder of the company or beneficiary of the trust)? If, the Company / CC / Trust / legal entity cannot be a Personal Service Company / Trust and no PAYE need be withheld. If, proceed with classification. 4. Does more than 80% of the income of the Company / CC / Trust / legal entity consists of or is it likely to consist of amounts received, directly or indirectly, from UCT during the year of assessment? If, the Company / CC / Trust / legal entity is a Personal Service Company / If, proceed with classification. 5. Would the contractor be regarded as an employee of yours if the contractor rendered the service directly, as opposed to via the Company / CC / Trust / legal entity? (This is a factual question, which should be considered in light of the specific circumstances and terms pertaining to the services rendered by the contractor) If, the Company / CC / Trust / legal entity is a Personal Service Company / If, proceed with classification. 6. Is the contractor or Company / CC / Trust / legal entity subject to your control or supervision as to the manner in which or hours during which the duties of the contractor in rendering services to you are performed? (This is a factual question. Any indication in the agreement between the Company / CC / Trust / legal entity and you that you have, or are entitled to have, control or supervision would be sufficient to satisfy this requirement i.e. the answer would be Yes.) If, the Company / CC / Trust / legal entity is a Personal Service Company / If, proceed with classification. 7. Do the amounts paid or payable to the Company / CC / Trust / legal entity include earnings of any description which are payable at regular intervals e.g. daily, monthly? Where earnings are payable on a regular basis, it should be considered on what basis payment is made: - if it is a fixed amount, this requirement will generally be satisfied unless the fixed amount is only payable once an agreed result has been achieved; if it is based on an hourly rate, you should consider whether or not payment is dependent on an agreed result. For example, payment made only once a certain project or part thereof is completed; fg002_conquest_company Page 3 of 5

Where payment is not result driven i.e. payment per hour takes place without regards to actual output but only hours worked, this requirement will be satisfied. If, the Company / CC / Trust / legal entity is a Personal Service Company / If, proceed with classification. 8. Is the dominant impression of the relationship dependent? Please complete the Dominant Impression Test before answering this question. *TE: If the answer to question 3 was and any one of the 4 tests as set out in questions 4, 5, 6 and 7 were met, the Company / CC / Trust / legal entity is a Personal Service Company/Trust. Payments made to contractors operating though incorporated entities, which are defined as Personal Service Companies, are subject to the deduction PAYE at a flat rate of 35%. Payments made to Personal Service Trust are subject to the deduction of PAYE at a flat rate of 40%. Classification of Contractor: Tax rate to apply: Name (in block letters): Signature Date: fg002_conquest_company Page 4 of 5

RELEVANT Labels, clauses, compliance, economic circumstances, resonant of PERSUASIVE Extent of control NEAR CONCLUSIVE Control manner / executive acquisition UCT Finance Forms: Private Company/CC/Trust Dominant Impression Test: Private Company/CC/Trust/other legal entity INDICATOR Control of manner of working Payment regime Person who must render the service Nature of obligation to work Employer (client) base` Risk / Profit & Loss SUGGESTS DEPENDENT WORKER STATUS Employer instructs (has right to) which tools / equipment / staff / raw materials / routines / patents / technology. Payment at regular intervals / by a rate x time-period, but regardless of output or result. Person obliged to render service personally, hires & fires only with approval. Person obliged to be present, even if there is no work to be done. Person bound to an exclusive relationship with one employer. (Particularly for independent business test.) Employer bears risk (pays despite poor performance / slow markets). (Particularly for independent business test.) SUGGESTS INDEPENDENT CONTRACTOR STATUS Person chooses which tools / equipment / staff / raw materials / routines / patents / technology. Payment by a rate x time-period but with reference to results, or payment by output. Person, as employer, can delegate to, hire & fire own employees, or can subcontract. Person only present & performing work if actually required, & chooses to. Person free to build a multiple concurrent client base. (Especially if tries to build client base advertises etc.) Person bears risk (bad workmanship, price hikes, time over-runs). Employer instructs on location, what Person determines own work, sequence Instructions / work, sequence of work, etc. or has the of work, etc. Bound by contract terms, supervision right to do so. not orders as to what work, where, etc. Reports Control through oral / written reports. Person not obliged to make reports. Training Productive time (work hours, work week) Employer controls by training the person in the employer s methods. Controlled or set by employer or person works full time or substantially so. Worker uses / trains in own methods. At person s discretion. Tools, materials, stationery, etc. Provided by employer, no contractual requirement that person provides. Contractually / necessarily provided by person. Office / workshop, Provided by employer, no contractual Contractually / necessarily provided by admin / secretarial, requirements that person provides. person. etc. Integration / usual premises Employer s usual business premises. Person s own / leased premises. Integration / usual business operations Person s service critical / integral part of employer s operations. Person s services are incidental to the employer s operations or success. Integration / hierarchy & organogram Person has a job designation / a position in the employer s hierarchy. Person designated by profession or trade, no position in the hierarchy. Duration of relationship Open ended / fixed term & renewable, ends on death of worker. Limited with regard to result, binds business despite worker s death. Threat of termination / breach of contract Employer may dismiss on notice (LRA equity aside), worker may resign at will (BCEA aside). Employer in breach if it terminates prematurely. Person in breach if fails to deliver product / service. Significant investment Employer finances premises, tools, raw materials, training, etc. Person finances premises, tools, raw materials, training, etc. Employee benefits Especially if designed to reward loyalty. Person not eligible for benefits. No business expenses & / or travel Bona fide expenses Overheads built into contract prices. expenses reimbursed by employer. or statutory Registered under tax / labour statutes & Registered with trade / professional compliance with trade / professional association. association. Viability on termination Industry norms, customs Obliged to approach an employment agency or labour broker to obtain new work (particularly for independent business test). Militate against independent viability - make it likely person is an employee. Has other clients, continues trading. Was a labour broker or independent contractor prior to this contract Will promote independent viability - make it likely person is an independent contractor or labour broker fg002_conquest_company Page 5 of 5