15 Point Criteria

BUSINESS DOCUMENTATION LIST for Independent Contractor Exemption Certificate

INSTRUCTIONS:

  • The following is a list of suggested business documentation with possible point values considered by the Montana Department of Labor and Industry (Department) to demonstrate each applicant is truly established in a trade, occupation, profession, or business and qualifies for an independent contractor exemption certificate (ICEC).
  • You must score 15 points of business documentation for each trade, occupation, profession, or business listed on your ICEC application. 
  • Each item of documentation must be complete, valid, and current – it cannot be incomplete, outdated, or expired.
  • Each item of documentation may count toward points in more than one trade, occupation, profession, or business.
  • The Department has the discretion to assess the reliability of the business documentation in order to award points for the items submitted.

**Incomplete and/or inaccurate applications may require additional information**


MAX POINT VALUE
6 (or more) POINT CATEGORY
Workers’ Compensation, Unemployment Insurance, and Revenue accounts for employees (all three)
10
Memo of Understanding or contract evidencing independent contractor status or Emergency Equipment Rental Agreement
  • payment based on a completed project basis
  • beginning and ending date of the contract
  • liability for failure to complete the project
  • identifies who provides the materials and supplies
  • a defined body of work, complete project, or end result
  • signatures by all parties
6
General commercial liability insurance or insurance bond certificate (must contain agent contact information and current effective dates)
6
List of tools and equipment owned and controlled by the applicant with approximate value (must be signed and dated)
6
Business tax forms or records - IRS Schedules C, E, F, or K (must be within the past two years)
6
Form 1099s - two different hiring agents and compensation amounts differing from IRS Schedules C, E, F, or K (must be within the past two years)
6
Trucking company lease agreement
6
MAX POINT VALUE
3 POINT CATEGORY
Partnership agreement (must be provided if marking partnership business structure)
  • intent to form the partnership
  • contribution by all partners
  • a proprietary interest and right of control by the working partner
  • the sharing of profit/loss
  • applicant’s role as a working partner
  • signatures by all parties
3
Professional license relevant to your trade, occupation, or profession
3
Educational certification relevant to your trade, occupation, or profession
3
City or county business license or permit
3
Registration of business name and structure with Montana Secretary of State     
3
Articles of incorporation, organization, or annual report (which reflects ownership for LLCs and Corporations only)
3
Business location documentation (lease or rental agreement, business property tax statement, or IRS 8829)
3
Bank account for your business (cannot be personal)
3
Professional membership or affiliation   
3
Advertising (internet website, newspaper, phone book, or magazine)
3
Motor Carrier number
3
Two completed bids, estimates, proposals, or billing invoices issued by your business to two different hiring entities (must contain contact information for all parties for verification)
3
MAX POINT VALUE
1.5 POINT CATEGORY
Construction Contractor Registration
1.5
Pre-printed forms, business card, or brochure
1.5
Invoices billed to your business name
1.5
Advertising for your business using sign on vehicle, yard, bulletin board, flyer, or social media
1.5
Orders receipt for printed hats, shirts or other apparel, pens or pencils for your business
1.5
Documented proof of federal employer identification number (FEIN, TEIN or TIN)
1.5
Credit card or purchasing account for your business (cannot be personal)
1.5
Telephone or utility bill for business (cannot be personal)
1.5
Vehicle registration for your business (cannot be personal)
1.5
International fuel tax account number (IFTA)
1.5
USDOT number
1.5
Dunn and Bradstreet number
1.5