Can a sole proprietor hire an independent contractor with only a DBA license?

UPDATED: Jul 30, 2014

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Can a sole proprietor hire an independent contractor with only a DBA license?

What documents are required for hiring an independent contractor, provided no business formations (LLC, Corp, etc.) are needed?

Asked on July 30, 2014 under Business Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can hire an independent contractor who does not have a  "corporate" structure (e.g. a corporation or LLC). All you absolutely need is his/her social security number, which will used on the 1099, etc. However, there are other things you should have:

1) Have him/her sign an agreement confirming that he/she is an independent contractor, not an employee, and is resonsible for own taxes, own benefits, etc.

2) Have him/her provide proof of any insurance which it would be good for him/her to have to protect you (e.g. liabiliity insurance), naming you/your company as an additional payee.

3) If the contractor requires a license for his/her profession or trade, get a copy of said license.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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