This column was contributed by a association member.
Minnesota’s absolute architect absolution affidavit law, which went into aftereffect on January 1, 2009, requires individuals (but not corporations, bound accountability companies or partnerships) who assignment as absolute contractors in the architecture architecture industry to access from the Department of Labor and Industry (DLI) an Absolute Architect Absolution Affidavit (ICEC). For purposes of Minnesota’s workers’ compensation, unemployment insurance, allowance and hour, and anatomic assurance and bloom laws, individuals accomplishing architecture architecture assignment after an ICEC will be accounted to be advisers of the architect for whom they are working.
To access an ICEC, individuals charge complete and abide an application, fees and acknowledging abstracts that authorize they accommodated the onditions appropriate to accomplish as an absolute contractor.
To accomplish as absolute contractors, individuals charge be able to accommodated the altitude set out in the law’s nine-factor test. An alone who holds an ICEC is advised as an absolute architect beneath Minnesota law if he or she:
An ICEC permits individuals to assignment as absolute contractors. Affidavit holders, however, may assignment as either absolute contractors or as employees. Whether a affidavit holder is alive as an agent or an independent architect will depend on the altitude of the accurate assignment relationship.
Contractors who apply individuals who do not accept an ICEC face civilian penalties if they do not accommodate workers’ advantage and unemployment allowance to these individuals, and do not appropriately abstain accompaniment and federal taxes from their employees’ pay.
DLI is amenable for the administering and administration of the ICEC program, and is appropriate to allotment admonition with the Minnesota Departments of Revenue and Appliance and Economic Development apropos individuals and administration who are begin to be in abuse of the ICEC requirements. In accession to penalties for abortion to accommodate workers’ advantage and unemployment insurance, administration may additionally be accountable to civilian penalties of up to $5,000 per abuse for actionable accoutrement of the ICEC laws and rules. Individuals may additionally be accountable to civilian penalties if they accommodate apocryphal or ambiguous admonition in an ICEC application, abort to accommodated all requirements of the nine-factor analysis to authorize as an absolute contractor, acquiesce accession being to use their ICEC, adulterate their cachet as an absolute contractor, or adapt or adulterate an ICEC.
Many individuals in the architecture architecture industry, accept begin Minnesota’s ICEC law to be cher and cumbersome. They accept instead pursued a simpleralternative; namely, the accumulation of a single-member bound accountability companywhich is absolved from the ICEC requirements. The single-member LLC will notcause a change in federal assets tax after-effects as it is advised in the samemanner as your absolute sole cartel (i.e., appear on Schedule C of your Form 1040 return). In addition, use of an article such as an LLC bouncer your claimed assets from the business liabilities of the LLC.
NOTE: the admonition independent herein is not, nor is it advised to be, acknowledged advice. You should argue an advocate for admonition apropos your alone situation. Contacting the freeholder of this armpit does not actualize an attorney-client relationship. Please do not accelerate any arcane admonition until such time as an attorney-client accord has been established.
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