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Similar forms

The IRS Form SS-8 is a document that helps determine a worker's status as an employee or an independent contractor. Like the Maine Predetermination form, it requires detailed information about the working relationship, including control over work, financial arrangements, and the nature of the work performed. Both forms aim to clarify the classification of workers to ensure compliance with tax laws and regulations, providing a framework for understanding the responsibilities and rights of both parties involved.

The California Employment Development Department's (EDD) Determination of Independent Contractor Status form is another similar document. This form evaluates the relationship between the worker and the employer, focusing on the degree of control and independence in the work performed. Both the EDD form and the Maine Predetermination form seek to establish a clear understanding of independent contractor criteria, helping to protect workers’ rights and ensure proper classification for tax and benefits purposes.

The New York State Department of Labor's Independent Contractor Questionnaire serves a similar purpose. It assesses whether a worker is an independent contractor or an employee based on various criteria, such as control, financial investment, and business operations. Much like the Maine Predetermination form, this questionnaire gathers essential information to make an informed determination, aiming to prevent misclassification and promote fair labor practices.

The Florida Department of Revenue’s Application for Independent Contractor Status is another document that mirrors the Maine Predetermination form. This application requires individuals to provide information about their work arrangements and independence. Both documents aim to establish a clear understanding of the worker's status, which is crucial for tax compliance and the protection of labor rights.

The Texas Workforce Commission’s Determination of Employee or Independent Contractor Status form also shares similarities with the Maine Predetermination form. It evaluates the relationship between the worker and the employer by examining the level of control, financial arrangements, and the nature of the work performed. Both forms are designed to clarify employment status, ensuring that workers are classified correctly for benefits and tax purposes.

The Illinois Department of Employment Security’s Independent Contractor Exemption Application is another relevant document. This application assesses whether a worker qualifies as an independent contractor based on specific criteria, such as control and independence. Similar to the Maine Predetermination form, it seeks to provide clarity on worker classification, which is essential for compliance with labor laws and regulations.

In the realm of eviction notices, it is crucial for landlords to understand the proper procedures and documentation involved. The Notice to Quit form is essential for initiating the eviction process, ensuring that tenants are formally informed of their obligations and the necessary actions to take in response to any violations of rental agreements.

Lastly, the Pennsylvania Department of Labor and Industry’s Independent Contractor Status Determination form is comparable to the Maine Predetermination form. This form evaluates the nature of the working relationship, focusing on control and independence. Both documents aim to provide a clear framework for understanding worker classification, helping to protect the rights of individuals and ensuring compliance with applicable laws.

Misconceptions

Understanding the Maine Predetermination form can be challenging, and there are several misconceptions that can lead to confusion. Here are ten common misunderstandings:

  1. Predetermination is mandatory. Many believe that obtaining a predetermination is required before working as an independent contractor. In reality, it is a voluntary process.
  2. The form guarantees independent contractor status. Submitting the form does not automatically grant independent contractor status. The Workers’ Compensation Board will review the application and make a determination.
  3. Once approved, the status is permanent. An approved predetermination is valid for one year. After that, a new application is necessary to maintain the status.
  4. Predetermination applies to all work. The approval is only valid if the work performed is consistent with the information provided in the application.
  5. Filing the form waives Workers’ Compensation rights. Submitting the application does not relinquish the right to file a Workers’ Compensation claim if injured.
  6. The Board's decision is binding on all agencies. A predetermination from the Workers’ Compensation Board is not binding on the Department of Labor or other agencies.
  7. Only one criterion needs to be met. To qualify as an independent contractor, the applicant must meet several specific criteria outlined in the form.
  8. All information provided is confidential. Some information on the form may be shared with other state and federal agencies, which can lead to privacy concerns.
  9. There are no penalties for inaccurate information. Submitting false or misleading information can result in significant fines for individuals and entities.
  10. Anyone can be an independent contractor. Not everyone qualifies. The applicant must demonstrate they meet the necessary criteria to be considered an independent contractor.

By understanding these misconceptions, individuals can navigate the process more effectively and ensure they are accurately representing their work status. Always consider consulting with a professional if there are uncertainties about the form or the independent contractor status.

Documents used along the form

The Maine Predetermination form is an essential document for individuals seeking to establish their status as independent contractors. Alongside this form, several other documents and forms are often utilized to ensure compliance with state regulations and to clarify the nature of the working relationship. Here is a list of key forms that may accompany the Maine Predetermination form.

  • WCB-1: Workers' Compensation Claim Form - This form is used to file a claim for workers' compensation benefits in the event of an injury sustained while working. It provides the necessary information for the Workers' Compensation Board to assess the claim and determine eligibility for benefits.
  • WCB-2: Employer's First Report of Injury - Employers must complete this form when an employee is injured on the job. It documents the details of the incident and the nature of the injury, which is crucial for the workers' compensation process.
  • Employment Verification Form - This form confirms an individual's job history and employment details, aiding in the verification process. To expedite verification, you can download the necessary forms by visiting PDF Templates.
  • IRS Form SS-8 - This form is submitted to the Internal Revenue Service to determine a worker's employment status for tax purposes. It helps clarify whether a worker is an independent contractor or an employee, which can impact tax liabilities and benefits.
  • Independent Contractor Agreement - This contract outlines the terms and conditions of the working relationship between the independent contractor and the client. It typically includes payment terms, project specifications, and the rights and responsibilities of both parties.
  • Form 1099-MISC - This form is used to report payments made to independent contractors. If a contractor earns more than a specified amount during the tax year, the client must issue a 1099-MISC to report those earnings to the IRS.

Utilizing these forms in conjunction with the Maine Predetermination form can help clarify the independent contractor status and ensure compliance with relevant laws. Understanding these documents is crucial for both contractors and clients to navigate their working relationships effectively.

Form Preview Example

IMPORTANT: PLEASE READ BEFORE COMPLETING APPLICATION

NOTICE TO APPLICANT: Predetermination of independent contractor status is based upon the information provided in this application. Participation in the submission of a fraudulent or intentionally misleading form can result in fines of up to $1,000 for an individual and up to $10,000 for a corporation, partnership or other legal entity.

The predetermination WILL NOT apply if you do not perform work consistent with the information provided in this application.

Title 39-A M.R.S.A. §13-A establishes that: A person who performs services for remuneration is presumed to be an employee unless the employing unit proves that the person is free from the essential direction and control of the employing unit, both under the person's contract of service and in fact and the person meets specific criteria. In order for a person to be an independent contractor:

A.The following criteria must be met:

(1)The person has the essential right to control the means and progress of the work except as to final results;

(2)The person is customarily engaged in an independently established trade, occupation, profession or business;

(3)The person has the opportunity for profit and loss as a result of the services being performed for the other individual or entity;

(4)The person hires and pays the person's assistants, if any, and, to the extent such assistants are employees, supervises the details of the assistants' work; and

(5)The person makes the person's services available to some client or customer community even if the person's right to do so is voluntarily not exercised or is temporarily restricted; and

B.At least 3 of the following criteria must be met:

(1)The person has a substantive investment in the facilities, tools, instruments, materials and knowledge used by the person to complete the work;

(2)The person is not required to work exclusively for the other individual or entity;

(3)The person is responsible for satisfactory completion of the work and may be held contractually responsible for failure to complete the work;

(4)The parties have a contract that defines the relationship and gives contractual rights in the event the contract is terminated by the other individual or entity prior to completion of the work;

(5)Payment to the person is based on factors directly related to the work performed and not solely on the amount of time expended by the person;

(6)The work is outside the usual course of business for which the service is performed; or

(7)The person has been determined to be an independent contractor by the federal Internal Revenue Service.

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STATE OF MAINE

WORKERS’ COMPENSATION BOARD

27 STATE HOUSE STATION

AUGUSTA, ME 04333-0027

Tel. 207-287-7071 / Fax 207-287-5413

APPLICATION FOR PREDETERMINATION OF INDEPENDENT CONTRACTOR STATUS

TO ESTABLISH A REBUTTABLE PRESUMPTION

NOTICE

The predetermination process is voluntary under the Maine Workers’ Compensation Act. The Act DOES NOT require an individual to receive an approved predetermination before working as an independent contractor.

If you file this application, it may be: Granted or denied (you will receive a letter to this effect); or, instead of denying it, the Board may return your application and request additional information.

By submitting this Application you are not relinquishing your rights to be covered under the Maine Workers’ Compensation Act—if you are injured you may still file a claim with the Board.

Approved predeterminations are “portable” (may be submitted to any employing unit) and are valid for one year from the date of approval.

The predetermination is only valid with respect to an employing unit if you work consistent with the answers on this application

A predetermination from the Board is not binding on the Department of Labor.

You must retain a copy of this application for your records. You may be required to produce this application along with the decision that you receive from the Board.

Pursuant to 39-A M.R.S.A. § 105, ______________________________________(Applicant Name (and d/b/a if

you use one)) hereby requests a predetermination by the Maine Workers’ Compensation Board that the Applicant is an independent contractor.

APPLICANT

Name: _______________________________________________________________________________

Doing Business As (d/b/a) (if applicable): ___________________________________________________

Complete Mailing address: ______________________________________________________________

STREET/P.O. BOXAPT. NO.

______________________________________________________________

CITY

STATE

ZIP CODE

Telephone: ___________________________________________________________________________

E-mail address: ________________________________________________________________________

Type of work you do: ___________________________________________________________________

Note: Information provided on this form, not otherwise confidential, may be shared with other state and federal agencies.

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SECTION I

THIS APPLICATION IS NOT COMPLETE UNLESS YOU ANSWER ALL OF THE QUESTIONS IN THIS SECTION AND PROVIDE ALL REQUIRED INFORMATION.

INCOMPLETE APPLICATIONS WILL BE RETURNED.

(1)The person has the essential right to control the means and progress of the work except as to final results.

(a)

Do you have the right to decide how to perform your work?

Yes

No

(b)

Other than the completion date for the work, do you have the right to determine when

 

you will perform your work?

Yes

No

(2)The person is customarily engaged in an independently established trade, occupation, profession or business.

(a)Please state your trade, occupation, profession or business.

___________________________________________________________________

(b)Please indicate how your business is organized:

sole proprietor

corporation

limited liability company

partnership

professional corporation

(c)How long have you been considered independent in your trade, occupation, profession or business?

____________________________________________________________________

(d)Have you worked for or searched for work from more than one source during the 12

months prior to the date of this application?

 Yes  No

(e)Did you file a corporate or partnership income tax return last year for the trade, occupation, profession or business listed in Question 2(a)?

Yes No

(f)Did you file Schedule C, Schedule E or Schedule F with your personal income tax return last year for the trade, occupation, profession or business listed in Question

2(a)?

Yes No

(g)Did you pay self-employment tax and file Schedule SE with the I.R.S. last year for the trade, occupation, profession or business listed in Question 2(a)?

Yes No

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(h) If you answered “No” to Questions 2 (e), (f) and (g), please explain:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

(3)The person has the opportunity for profit and loss as a result of the services being performed for the other individual or entity.

(a)Check each of the following expenses you paid in the last 12 months in order to perform your work:

rent and utilities

tools and equipment

training

advertising

payments to business managers and agents

wages or salaries of assistants

licensing/certification/ professional dues

insurance

postage and delivery

repairs and maintenance

supplies

travel

leasing of equipment

depreciation

inventory/cost of goods sold

other

(b) Do you ever provide the materials necessary to complete your work? Yes No

(c)Do you ever provide the tools and/or equipment necessary to complete your work?

Yes No

(d)Can you make more money based on how you do your work? For example, if material costs are lower than expected, or the job does not take as long as expected.

Yes No

(e)Can you lose money doing your work? For example, if material costs are higher than expected, the job takes longer than expected, or re-work must be done due to a

 

mistake or flaw, etc.

 Yes

 No

(f)

Are you responsible for completing the work you agree to do?

Yes

No

(g)

If you fail to do quality work, do you have to redo the work or fix the mistake at no

 

additional cost to the people or businesses who hired you?

Yes

No

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(4)The person hires and pays the person's assistants, if any, and, to the extent such assistants are employees, supervises the details of the assistants' work.

(a)

Can you, if you want, use assistants and/or subcontractors to perform, or help

 

 

perform, your work?

Yes

No

 

If “No” please explain:

 

 

 

_____________________________________________________________________

 

_____________________________________________________________________

 

_____________________________________________________________________

(b)

Do you use assistants to perform your work?

 Yes

 No

 

(If “Yes,” answer questions (c), (d) and (e). If “No,” proceed to question (5).)

 

(c)

Are you responsible for paying your assistants?

 Yes

 No

(d)Are you personally responsible for supervising the details of your assistants’ work?

Yes  No

(e)Do you provide Workers’ Compensation coverage for any individuals who work

with you?

Yes No

(5)The person makes the person's services available to some client or customer community even if the person's right to do so is voluntarily not exercised or is temporarily restricted.

(a) Do you advertise?

Yes No

(b)Do you have the right to work for more than one person or business at a time?

Yes No

(c)Other than the completion date for the work, do you determine what you work on,

how you will perform the work and when you will work on it?

 Yes  No

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SECTION II

YOU MUST ANSWER ALL QUESTIONS IN THIS SECTION. SATISFACTORY ANSWERS TO AT LEAST THREE (3) QUESTIONS ARE REQUIRED TO QUALIFY. INCOMPLETE APPLICATIONS WILL BE RETURNED.

(6)The person has a substantive investment in the facilities, tools, instruments, materials and knowledge used by the person to complete the work.

(a)

Have you made a substantive investment in the facilities, tools, instruments, materials

 

or knowledge you use to complete your work?

Yes

No

(b)

Do you provide the essential equipment or knowledge that is used to complete your

 

work?

Yes

No

(c)

Are you required to lease essential equipment from the people or businesses who

 

hired you?

 Yes

 No

(d)

If the answer to (6)(c) is “Yes,” are you paying fair market value for the equipment

 

that you are leasing?

Yes

No

(7) The person is not required to work exclusively for the other individual or entity.

(a) Are you required to work exclusively for one person or business?

Yes No

(b)Have you worked for more than one person or business during the past 12 months?

Yes No

(c)Do you have the right to refuse work offered by the people or businesses hiring you?

Yes  No

(8)The person is responsible for satisfactory completion of the work and may be held contractually responsible for failure to complete the work.

(a)If you do not complete the work you agree to do in your contracts (verbal or written),

are you potentially liable to pay the people for the damages they suffer as a result of

this failure?

 Yes  No

(b)If you fail to do quality work, do you have to redo the work or fix the mistake at no additional cost to the people who hired you, or potentially pay them money damages

so they can have the work redone or fixed?

Yes No

(9)The parties have a contract that defines the relationship and gives contractual rights in the event the contract is terminated by the other individual or entity prior to completion of the work.

(a) Do you have agreements (verbal or written) with the people or businesses who hire

you?

 Yes  No

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(b)If the people or businesses that hire you cancel your contracts (verbal or written) before you have an opportunity to complete the work, are they potentially liable to pay you the money you would have received if you had completed the work?

Yes  No

(10)Payment to the person is based on factors directly related to the work performed and not solely on the amount of time expended by the person.

(a)

Are you paid by the hour for your work?

Yes

No

(b)

If paid by the hour, do you negotiate your rates?

Yes

No

(c)

Are your contracts (verbal or written) for specific work at a set price?

 Yes

 No

(d)If the answers to 10 (a),(b) or (c) are “No,” please explain.

___________________________________________________________________

___________________________________________________________________

(11)The work is outside the usual course of business for which the service is performed.

(a)Is the work you do different than the work performed by the people or businesses that

hire you? Yes  No

(b) Have you worked as an employee for any of the people or businesses for which you

currently work? Yes  No If yes, please provide the most recent date of your employment: _________________

(12)The person has been determined to be an independent contractor by the federal Internal Revenue Service.

The Internal Revenue Service allows businesses or workers to a request a determination as to whether or not a worker is an independent contractor. These determinations can be requested by filing Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding with the I.R.S.

(a)

Have you filed Form SS-8 with the I.R.S.?

 

 Yes

 No

(b)

If you filed Form SS-8, have you received a determination?

 Yes

 No

(c)

If you received a determination, please check the appropriate box:

 

 

 

 Approved

 Denied

 Other

 

 

Please provide the date the I.R.S. issued its determination: __________________.

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APPLICANT

THIS APPLICATION MUST BE SIGNED.

UNSIGNED APPLICATIONS WILL NOT BE PROCESSED.

Read carefully and sign below:

I hereby certify the foregoing information is truthful and accurate. I understand if any information contained in this application is found to be intentionally misleading or fraudulent, the predetermination of independent contractor status shall be nullified and I may be subject to fines as described on page 1.

I further understand this predetermination of independent contractor status is based upon the information provided in this application. I understand changes in these circumstances may nullify the predetermination of independent contractor status. I agree to notify the Workers’ Compensation Board of any changes to the information in this application or the circumstances described herein.

You must retain a copy of this application for your records. You may be required to produce this application along with the decision that you receive from the Board.

______________

________________________________

Date

Signature of Applicant

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File Attributes

Fact Name Description
Governing Law The Maine Predetermination form is governed by Title 39-A M.R.S.A. §13-A.
Presumption of Employment Individuals performing services for remuneration are presumed to be employees unless proven otherwise.
Voluntary Process Filing for a predetermination is voluntary and not required before working as an independent contractor.
Criteria for Independent Contractor Specific criteria must be met for a person to be classified as an independent contractor.
Application Outcomes Applications may be granted, denied, or returned for additional information.
Validity of Predetermination Approved predeterminations are valid for one year and are portable to any employing unit.
Non-Binding Nature A predetermination from the Board is not binding on the Department of Labor.
Record Keeping Applicants must retain a copy of the application and the Board's decision for their records.

Detailed Guide for Using Maine Predetermination

After completing the Maine Predetermination form, you will submit it to the Maine Workers’ Compensation Board. They will review your application and either grant or deny your request. If additional information is needed, they may return your application for clarification. Keep a copy of your application for your records, as you may need it later.

  1. Fill in your Applicant Name and Doing Business As (d/b/a) if applicable.
  2. Provide your complete mailing address, including street/P.O. box, apartment number, city, state, and zip code.
  3. Enter your telephone number and email address.
  4. Describe the type of work you do.
  5. Answer all questions in Section I. Ensure you answer each question completely to avoid having your application returned.
  6. For each question in Section I, select Yes or No as applicable, and provide explanations where required.
  7. Check all expenses you paid in the last 12 months related to your work.
  8. Indicate if you provide materials and tools necessary to complete your work.
  9. Confirm if you have the opportunity for profit and loss based on your work performance.
  10. State if you hire and supervise assistants, if applicable.
  11. Indicate if you advertise your services and if you have the right to work for multiple clients.