Advance Determination of Independent Contractor

Obtain advance determination for using an independent contractor with sponsored or non-sponsored RF funds. The request must be submitted prior to the engagement of services with sufficient time for HR review.

Engaging the services of an IC must be approached as a rare exception, as any determination of misclassification by the Internal Revenue Service or Department of Labor can be viewed as a willful misrepresentation, which can result in a significant fine to the organization, along with the possibility of jeopardizing future federal funding. 

Completing the Form

  1. Enter the requested information. Required information is indicated with an asterisk. 
  2. The request will be sent to Research Foundation Human Resources upon submission. The requestor will receive an email confirmation of the submission. 
  3. RF HR will review and determine if it is appropriate that the individual is paid as an independent contractor.
  4. Upon review by RF HR, the requestor will be notified of the determination with instructions for the next steps. If classified as an IC, the request will be processed by Purchasing and Contract Services. If it is determined that the individual is not an IC, the request will need to proceed differently. 

Previous determination of an independent contractor request does not indicate that the current request will also be approved.

Need Help Completing the Form?

Amy Bayerl

Purchasing and Contract Services

Phone: 716-645-3703

Email: amybayer@buffalo.edu

Form Facts

Form Type: Downloadable, PDF document

Requirements: Adobe Reader

Updated: January 2023

Owner: Purchasing and Contract Services