Self Employment Affidavit for the United States

Self Employment Affidavit Template for United States

A Self Employment Affidavit is a legally binding document used in the United States that formally declares an individual's status as self-employed. It serves as an official statement verifying the nature of one's business activities, income sources, and compliance with relevant tax and business regulations. This document is commonly required for various purposes including loan applications, government benefits, or proving independent contractor status. It must typically be notarized and complies with both federal and state-specific requirements for sworn statements.

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What is a Self Employment Affidavit?

The Self Employment Affidavit emerged from the need to provide formal documentation of self-employed status in various business and legal contexts. This document is particularly important in the United States where the distinction between employed and self-employed status carries significant legal and tax implications. It's commonly required when applying for mortgages, business loans, government assistance programs, or when establishing independent contractor relationships. The affidavit typically includes detailed information about business operations, income sources, and tax compliance, serving as a sworn statement that can be used as evidence of self-employment status. Its use has become increasingly important with the growth of the gig economy and freelance workforce.

What sections should be included in a Self Employment Affidavit?

1. Affiant Information: Personal/business information of the person making the declaration

2. Declaration of Self-Employment: Clear statement of self-employed status and nature of work

3. Business Details: Information about business structure, operations, and services

4. Tax Compliance Statement: Declaration of responsibility for taxes and compliance

5. Verification Statement: Statement affirming truth of information under penalty of perjury

What sections are optional to include in a Self Employment Affidavit?

1. Client Relationships: Description of major clients and relationship nature (used when proving independent contractor status)

2. Financial Independence: Statement about business expenses and investments (used for loan applications)

3. Professional Qualifications: Licenses and certifications (used for professional services)

What schedules should be included in a Self Employment Affidavit?

1. Business License Copies: Copies of relevant business licenses and permits

2. Tax Registration Documents: EIN documentation or state tax registration

3. Professional Credentials: Copies of relevant professional certifications

4. Income Documentation: Recent tax returns or financial statements (if required)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Federal Tax Laws: Core tax regulations including Internal Revenue Code (IRC), Self-Employment Contributions Act (SECA), and self-employment tax requirements under IRS guidelines

Labor Laws: Employment-related regulations including Fair Labor Standards Act (FLSA), Independent Contractor Classification Rules, and Department of Labor (DOL) guidelines on worker classification

Business Registration Requirements: State-specific business registration laws, Doing Business As (DBA) requirements, and local business licensing requirements

Employment Classification Guidelines: Classification frameworks including IRS 20-Factor Test for Independent Contractor Status, ABC Test (used in some states like California), and state-specific worker classification laws

Industry-Specific Regulations: Professional licensing requirements, industry-specific certifications, and state-specific professional requirements

Documentation Requirements: Essential forms and documentation including Form SS-8 (IRS determination of worker status), Form W-9 (Request for Taxpayer Identification Number), and state-specific documentation requirements

Legal Requirements for Affidavits: Requirements for sworn statements including state-specific requirements, notarization requirements, and perjury laws

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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