Payment for Independent Contractor
Independent Contractor Agreement
Use the Independent Contractor Agreement, also known as an ICA, to request pre-approval for services provided by an independent contractor.
What Changed?
The Independent Contractor Agreement has been revised to separate the department approval process from the contractor certification process. The new form also clearly defines the contractor services being performed and incorporates the 1099/1042-S Misc Income Agreement into the ICA.
Departments must complete Part I, Part II, and the Employee vs. Independent Contractor Checklist first. Once the ICA has been reviewed and pre-approved, the form will be returned to the department so the contractor can complete and sign Part III.
Do Not Send the ICA to the Contractor First
The contractor should not sign Part III until the ICA has been pre-approved by the required TAMIU approvers and the Office of Budget, Payroll, & Fiscal Analysis.
Services should not begin until the ICA is fully approved and signed.
Pre-Approval Process
- Complete Part I - Description of Services.
- Complete Part II - TAMIU Approval, including all required department and university approval signatures.
- Complete the Employee vs. Independent Contractor Checklist.
- Submit the ICA and checklist to BPFA for pre-approval at least 10 business days before the service period.
- Wait for BPFA to return the pre-approved ICA.
- After pre-approval, send the ICA to the contractor so Part III - Contractor Certification can be completed and signed.
- Return the fully signed ICA and all required contractor documents for final processing.
After Pre-Approval
Once BPFA returns the pre-approved ICA to the department, the contractor may complete and sign Part III - Contractor Certification.
Important Reminder
Please do not make changes to the ICA after it has been pre-approved. Changes to a pre-approved ICA may require a new ICA to be submitted for pre-approval.
Contractor Signature
The contractor completes Part III, checks the applicable certification box, signs, dates, and provides the last four digits of their SSN.
Required Documents
Departments should ensure the contractor has completed all required forms before payment can be processed.
Do Not Use an ICA For
TAMIU or A&M System Employees
Do not use an ICA to compensate a TAMIU employee or an employee of the Texas A&M University System.
Employee-Type Duties
Do not use an ICA for duties that are typically performed by an employee.
Required Form Parts
The new ICA separates the form into department sections, approval sections, and contractor certification.
Part I - Description of Services
Completed by the department. This section identifies the contractor, payment amount, service dates, funding account, type of service, and terms of the agreement.
Part II - TAMIU Approval
Completed by TAMIU approvers. This section documents approval of the contractual task and compliance review before the contractor signs the agreement.
Employee vs. Independent Contractor Checklist
Completed by the department and submitted with the ICA for pre-approval. The checklist helps determine whether the service provider should be treated as an independent contractor.
Part III - Contractor Certification
Completed by the contractor only after the ICA has been pre-approved. This section includes contractor certification, tax reporting acknowledgement, signature, date, and the last four digits of the contractor’s SSN.
Approval Routing
The ICA must include all applicable approvals before it is sent to the contractor for signature.
Account Owner / Grant PI
Dean / Director
Appropriate V.P.
Grants & Contracts
If applicable
Budget, Payroll, & Fiscal Analysis
Payment and Tax Reporting
All ICA payments are processed through Accounts Payable. Reportable payments made to or on behalf of a contractor may be reported to the IRS and to the contractor.
U.S. Contractors
Reportable payments will be reported to the IRS and will generate a Form 1099 if they exceed the $2,000 threshold in a calendar year.
Non-U.S. Contractors
Taxable income for non-U.S. contractors will be reported to the IRS and to the individual on a Form 1042-S.
Travel Expenses
Unsubstantiated travel expenses reimbursed or incurred on behalf of a contractor may be included as taxable income.
Additional Required Forms
A Hold Harmless Agreement and vendor setup forms may be required before payment can be processed. Information will be disclosed in the Pre-Approval email.
Frequently Asked Questions
Who completes the ICA before pre-approval?
The department completes Part I, Part II, and the Employee vs. Independent Contractor Checklist before submitting the ICA for pre-approval.
When does the contractor sign?
The contractor signs Part III only after the ICA has been pre-approved and returned to the department.
How early should the ICA be submitted?
The ICA and checklist should be submitted for pre-approval at least 10 business days before the service period.
Can services begin before approval?
No. Services should not begin until the ICA has been fully approved and signed.
Can an ICA be used for a TAMIU employee?
No. An ICA should not be used to compensate a current TAMIU employee or an employee of the Texas A&M University System who was employed within the last 12 months.
Office of Budget, Payroll & Fiscal Analysis
Office Location
Texas A&M International University
5201 University Blvd.
KLM 435
Laredo, Texas 78041-1900
Office Hours
Monday to Friday: 8 a.m. to 5 p.m.