New York Independent Contractor and Consulting Agreements

As an inde­pen­dant con­trac­tor, there is no employer-employee rela­tion­ship with the per­son or com­pany that you are doing busi­ness with.  The inde­pe­dent con­tract is a con­sul­tant who per­forms spe­cific duties that the con­sul­tant is capa­ble of performing.

At the start of the rela­tion­ship, it is absolutely vital to have an inde­pen­dent con­tract agree­ment (also known as a con­sult­ing agreement) drafted to pro­tect both par­ties.  The con­se­quences of fail­ing to estab­lish a con­sul­tant as an ind­pen­dent con­trac­tor can have dire tax consequences.

In your inde­pe­dent con­trac­tor agree­ment, it is impor­tant to estab­lish that the con­sul­tant per­form­ing the ser­vices is is not under the con­trol of the employer.  In addi­tion, the employer may not directly super­vise the con­sul­tant.

When it comes time to draft an inde­pen­dent con­trac­tor agree­ment, you should focus on the fee for ser­vices ren­dered and pro­vide a com­plete descrip­tion of the ser­vices that are to be provided.