Missouri accounting independent contractor agreement template
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How Missouri accounting independent contractor agreement Differ from Other States
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Missouri law uses a specific IRS 20-factor test to classify independent contractors, differing from some states with more rigid ABC tests.
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Missouri requires accounting contractors to obtain a state business registration, which may not be mandated elsewhere.
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Missouri contractors are exempt from workers’ compensation requirements unless they have employees, unlike some states with broader coverage.
Frequently Asked Questions (FAQ)
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Q: Is a written agreement legally required for accounting independent contractors in Missouri?
A: A written agreement is not strictly required, but it is strongly recommended to clarify terms and protect both parties.
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Q: Do I need a business license to work as an independent accounting contractor in Missouri?
A: Yes, Missouri requires independent contractors to register their business with the state and obtain applicable licenses.
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Q: How are disputes resolved in a Missouri accounting independent contractor agreement?
A: Most agreements specify resolution through negotiation or mediation first, with litigation in Missouri courts if needed.
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Missouri Accounting Independent Contractor Agreement
This Missouri Accounting Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date], by and between:
* [Client Name], located at [Client Address], with email address [Client Email] and phone number [Client Phone] (hereinafter referred to as "Client"), and
* [Contractor Name], located at [Contractor Address], with email address [Contractor Email] and phone number [Contractor Phone] (hereinafter referred to as "Contractor").
1. Scope of Services
The Contractor agrees to provide the following accounting services to the Client:
* Option A: General bookkeeping, including maintenance of the general ledger.
* Option B: Preparation of financial statements in accordance with Generally Accepted Accounting Principles (GAAP).
* Monthly financial statements
* Quarterly financial statements
* Annual financial statements
* Option C: Preparation and filing of federal and Missouri tax returns.
* Federal income tax returns
* Missouri state income tax returns
* Missouri sales tax returns
* Option D: Payroll processing services, including calculating and remitting payroll taxes.
* Option E: Internal audit support as needed by the Client.
* Option F: Financial analysis and reporting, including budgeting and forecasting.
* Option G: Compliance advising regarding Missouri Department of Revenue regulations and state licensure requirements.
* Option H: Other [Specify Other Services]
2. Deliverables, Timeline, and Reporting
The Contractor shall provide the following deliverables according to the following schedule:
* Option A: Monthly financial reports due by the [Day] of the following month.
* Option B: Quarterly tax filings to be completed at least two weeks before the respective deadlines.
* Option C: Annual tax returns to be completed by [Date] of each year.
* Option D: Reports on progress of special projects to be provided every [Number] days.
* Option E: Other [Specify Deliverables, Timeline, and Reporting requirements]
3. Location and Mode of Service Delivery
The services shall be performed:
* Option A: Remotely.
* Option B: On-site at the Client's premises located in Missouri at [Client Address].
* Option C: A combination of remote and on-site work as needed and agreed upon by both parties.
The Contractor agrees to handle all financial records securely and maintain the confidentiality of all client data in compliance with Missouri privacy regulations and professional licensing requirements. The Contractor will adhere to Client's data security policies as outlined in [Document Name/Location].
4. Compensation
The Client shall compensate the Contractor as follows:
* Option A: Hourly rate of [Dollar Amount] per hour.
* Option B: Project-based fee of [Dollar Amount] per project, as defined in [Project Description Document].
* Option C: Monthly retainer of [Dollar Amount] for ongoing services as described in Section 1.
* Option D: A hybrid approach, combining an hourly rate of [Dollar Amount] per hour for specific tasks with a monthly retainer of [Dollar Amount]
Invoices shall be submitted [Frequency], along with supporting documentation. Pre-approved expenses shall be reimbursed. Late payment interest will accrue at a rate of [Percentage] per month, consistent with Missouri law. The Client will provide expense approval according to the format in [Specify format/document location].
5. Ownership of Work Product
All work product, including completed reports, working papers, and client records, shall be the property of the Client. Upon termination of this Agreement or upon request by the Client, the Contractor shall promptly return or securely destroy all such materials in accordance with Missouri accountancy board requirements.
6. Contractor Qualifications and Compliance
The Contractor warrants that they:
* Option A: Maintain an unrestricted Missouri CPA license.
* Option B: Are duly registered with the Missouri Department of Revenue.
* Option C: Possess all required skills, knowledge, and resources to perform the services outlined in this Agreement.
The Contractor shall comply with the rules and regulations of the Missouri Board of Accountancy and adhere to the AICPA Code of Professional Conduct as adopted by Missouri.
7. Confidentiality
The Contractor agrees to hold all Client information in strict confidence, including financial data, tax information, client lists, proprietary business practices, and any other confidential information. This obligation shall survive the termination of this Agreement and is subject to the Missouri Uniform Trade Secrets Act.
8. Independent Contractor Status
The parties agree that the Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employment, partnership, or agency relationship. The Contractor is responsible for all federal, Missouri, and local taxes. Contractor will provide IRS Form W-9.
9. Insurance
The Contractor shall maintain professional liability (E&O) insurance with a minimum coverage of [Dollar Amount].
* Option A: Workers' compensation insurance is waived.
* Option B: Workers' compensation insurance is required.
10. Indemnification
The Contractor agrees to indemnify and hold harmless the Client from any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Contractor's breach of this Agreement, negligence, accounting malpractice, or violation of professional standards.
11. Term and Termination
This Agreement shall commence on [Start Date] and continue until [End Date], unless earlier terminated as provided herein.
* Option A: Either party may terminate this Agreement with [Number] days written notice.
* Option B: This agreement may be terminated immediately for cause, including loss of professional license or gross misconduct.
Upon termination, the Contractor shall deliver all work product and client data to the Client and shall be paid for work in progress up to the date of termination.
12. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through:
* First, negotiation between the parties.
* Second, mediation in Missouri.
* Third, binding arbitration in Missouri, governed by Missouri law.
Any court action, if necessary, shall be brought before a court in the State of Missouri.
13. Compliance with Missouri Law
The Contractor acknowledges compliance with applicable Missouri statutes related to independent contractors, including participating in E-Verify if employing staff.
14. Records Retention
The Contractor shall maintain records in accordance with Missouri Board of Accountancy rules.
15. Review of Credentials
The Client has the right to periodically review the Contractor's licensure, insurance, and performance history through the Missouri Division of Professional Registration.
16. Non-Competition/Non-Solicitation (Optional)
The Contractor agrees not to compete with the Client or solicit the Client's customers within a [Number] mile radius of [Client Address] for a period of [Number] years following the termination of this Agreement, consistent with Missouri law.
17. Continuing Education
The Contractor shall maintain continuing education as required by the Missouri CPA rules.
18. Modifications and Waiver
Any modification or waiver of this Agreement must be in writing and signed by both parties, referencing Missouri law.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
20. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. Client-Specific Customization
* Option A: Compliance with third-party regulatory reporting requirements as outlined in [Document Name/Location].
* Option B: Adherence to client-specific data format requirements as described in [Document Name/Location].
* Option C: Time-sensitive financial filings to be completed according to the schedule provided in [Document Name/Location].
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Client Name]
____________________________
[Contractor Name]