FIFA Changes Requirements for NYC Freelancers

Contact: Wayne Berkowitz, CPA, J.D., LL.M.

It's called the Freelance Isn't Free Act (FIFA) and as of May 15, 2017 it has changed the playing field for those who hire freelancers in New York City. Businesses using freelancers are well advised to review and revise their practices in light of the new rules.

The Basics

Under FIFA, a freelancer is defined as any natural person or organization composed of no more than one person that is hired or retained as an independent contractor to provide services in exchange for compensation. Excluded from FIFA are salespersons working as independent contractors, practicing lawyers, and licensed medical professionals. Engagements with freelancers must amount to $800 or more calculated over a 120 day period in order to be subject to the new rules. FIFA requires that companies engaging freelancers to provide the qualifying amount of services must enter into a written contract.

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