Tips

April 15, 2024

3 mins

Guide to Set up as an Independent Contractor in the U.S.

From the busy streets of New York City to the peaceful Grand Canyon, the U.S. has a lot of different things to see and do. In the U.S., working for yourself as an independent contractor means you get to make your own decisions and take care of your business responsibilities.

Understand Your Status

First, it’s crucial to comprehend what it means to be an independent contractor. Independent contractors are business owners or freelancers who provide services under a contract. They enjoy a level of autonomy, such as setting their schedules and choosing clients, but they also handle their taxes and do not receive employee benefits​.

Choose a Business Structure

Selecting the right business structure is a critical decision. Options include sole proprietorship, partnership, and Limited Liability Company (LLC). Each has its own tax and legal implications. Sole proprietorships are the simplest and involve fewer bureaucratic hurdles, making them a popular choice for many freelancers. LLCs offer legal separation between personal and business liabilities but have more administrative requirements​.

Register Your Business

Depending on your chosen structure, you may need to register your business with state authorities. This can also involve registering the name of your business, particularly if you choose a "doing business as" (DBA) name​​.

If you intend to recruit employees, acquiring a Federal Employer Identification Number (FEIN) is necessary for tax-related purposes. You can secure this either through online channels or by completing IRS Form SS-4 at your nearby IRS office.

Obtain Necessary Licenses and Permits

The requirements vary by state and profession, so check with local authorities or the Small Business Association for guidance on what's needed for your specific business type​.

Set Up a Business Bank Account

Opening a business bank account separates your personal and business finances, which is essential for legal and tax reasons. It simplifies accounting and tax filing and can protect personal assets from business liabilities.

Plan for Taxes

As an independent contractor, you'll be responsible for paying self-employment taxes, which include Social Security and Medicare. You'll use Schedule C of Form 1040 to report income or loss and Schedule SE for self-employment taxes. Remember, if you expect to owe $1,000 or more in taxes, you need to make estimated tax payments throughout the year​.

Form W-8BEN

Before receiving payment from a US client, contractors without US citizenship or residency who have worked or earned income in the US must complete Form W-8BEN (or W-8BEN-E) to verify their non-US residency status. This form serves as a tax certification document, confirming that their country of residence lies outside of the United States for tax purposes. Additionally, submitting a Form W-8BEN may provide tax benefits for residents of foreign countries with which the US has an income tax treaty, potentially reducing tax obligations or exempting them from US taxation entirely.

Insurance and Liability Considerations

Consider purchasing liability insurance to protect against financial and legal liabilities. This is especially important for sole proprietors and freelancers who are personally liable for business debts​.

Get Organized with Accounting and Invoicing

Maintaining organized records of your finances, including invoices and purchases, is crucial. This not only helps in managing your business but also simplifies tax filing. You might choose to use accounting software or hire a professional to keep your books​​.

Market Your Services

Once you're set-up, it's time to find clients. Start with your network and consider digital marketing strategies like creating a website, engaging in social media, or email marketing to build your brand and attract clients​.

Note: This article does not replace professional legal or tax guidance. Always consult official sources or seek the advice of a legal or tax professional before taking any action.

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