[Dixielandjazz] Sample agreement for engaging sidemen?

[Larry Walton Entertainment - St. Louis]

A couple of important points if the sideman is to be subcontractor and not 
an employee

1. the sideman be paid by the job and not by the hour.
2. he supply his own instruments (IRS calls them tools) and uniforms.
3. that you are not his sole contractor - his services are open to others. 
(If the sideman only works for you then he starts looking like an employee 
to the IRS)
4. he may not be instructed or trained to do his job by you

the sideman should, as a matter of courtesy, understand you will send him a 
1099 and he is responsible for all taxes.

The IRS has a list of  criteria that defines an employee vs. a 
subcontractor.  Your subcontractor agreement should hit most of them because 
the IRS can rule against you on any one of them even if all the others are 
covered.

This is the pamphlet you need to read 
http://www.irs.gov/pub/irs-pdf/p1779.pdf

I have a couple of them but I'm a little rushed right now and don't have 
time to dig them out.  Let me know if you still need to look at them.
Larry
StL
----- Original Message ----- 
From: "David Dustin" <postmaster at fountainsquareramblers.org>
To: "Larry Walton" <larrys.bands at charter.net>
Cc: "Dixieland Jazz Mailing List" <dixielandjazz at ml.islandnet.com>
Sent: Thursday, August 16, 2007 6:21 AM
Subject: [Dixielandjazz] Sample agreement for engaging sidemen?


Experiencing email problems sending. Apologies if this has come through
twice.

Am looking for an example of a written agreement for engaging sidemen for a
gig < independent contractor, etc.  Tried and true suggestions would be much
appreciated.

David Dustin
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