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  • Residential
    • 360 Tour / Marketing
    • Renovations
    • New Construction
  • Commercial
    • 360 Tour / Marketing
    • Renovations
    • New Construction
  • Property Rental Services
  • Pre-construction
  • New Construction
  • Property Preservation

CONTACT INFORMATION

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SERVICES

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RENTAL INDUSTRY SERVICES & EXPERIENCE

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Agreement

 INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (“Agreement”) is made and effective ([datetoday]), BETWEEN: {name-2}  AND Sugar Magnolia Management Solutions, LLC, FLCGC #1527995.  

  • RECITALS  

(the “Independent Contractor”), a person or owner of the entity.  

Sugar Magnolia Management Solutions, LLC (SMMS) (the “Company”), a limited liability  company organized and existing under the laws of the state of Florida, with its head office  located at: 2759 Valencia Grove Dr, Valrico, FL 33596

Independent Contractor is engaged in providing business services, its EIN # (at the bottom of the page) .  Independent Contractor has complied with all Federal, State, and local laws regarding business  permits, sales permits, licenses, reporting requirements, tax withholding requirements, and  other legal requirements of any kind that may be required to carry out said business and the  Scope of Work which is to be performed as an Independent Contractor pursuant to this  Agreement. Independent Contractor is or remains open to conducting similar tasks or activities  for clients other than the Company and holds themselves out to the public to be a separate  business entity.  

Company desires to engage and contract for the services of the Independent Contractor to  perform certain tasks as set forth below. Independent Contractor desires to enter into this  Agreement and perform as an independent contractor for the company and is willing to do so  on the terms and conditions set forth below.  

NOW, THEREFORE, in consideration of the above recitals and the mutual promises and  conditions contained in this Agreement, the Parties agree as follows: 

  • TERMS  

This Agreement shall be effective commencing [datetoday] and shall continue until  3 years after termination at the completion of the Scope of Work for the most recent project accepted or by either party as otherwise provided herein. Each project shall have a detailed scope with contract price stipulated in writing and will fall under this agreement as determined in COMPENSATION section of this agreement. 

  • STATUS OF INDEPENDENT CONTRACTOR  

This Agreement does not constitute a hiring by either party. It is the parties’ intentions that an Independent Contractor shall have an independent contractor status and not be an employee  for any purposes, including, but not limited to, any and all laws. Independent Contractor shall  retain sole and absolute discretion in the manner and means of carrying out their activities and  responsibilities under this Agreement. This Agreement shall not be considered or construed to  be a partnership or joint venture, and the Company shall not be liable for any obligations  incurred by Independent Contractor unless specifically authorized in writing. Independent  Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the  Company in any manner, unless specifically authorized to do so in writing.  

  • TASKS, DUTIES, AND SCOPE OF WORK  

Independent Contractor agrees to devote as much time, attention, and energy as necessary to  complete or achieve the following: Property maintenance and repairs services. The above to be  referred to in this Agreement as the “Scope of Work”. It is expected that the Scope of Work  will be completed in a timely manner as approved by Sugar Magnolia Management Solutions,  LLC (SMMS).  

Independent Contractor shall additionally perform any and all tasks and duties associated with  the Scope of Work set forth above, including but not limited to, work being performed already  or related change orders. Independent Contractor shall not be entitled to engage in any  activities which are not expressly set forth by this Agreement.  

The books and records related to the Scope of Work set forth in this Agreement shall be  maintained by the Independent Contractor at the Independent Contractor’s principal place of  business and open to inspection by Company during regular working hours. Documents to  which Company will be entitled to inspect include, but are not limited to, any and all contract  documents, change orders/purchase orders, photos and work authorized by Independent  Contractor or Company on existing or potential projects related to this Agreement.  

Independent Contractor shall be responsible to the management and directors of Company,  but Independent Contractor will not be required to follow or establish a regular or daily work  schedule. Independent Contractor shall supply all necessary equipment, materials and  supplies. Independent Contractor will not rely on the equipment or offices of Company for  completion of tasks and duties set forth pursuant to this Agreement. Any advice given 

Independent Contractors regarding the scope of work shall be considered a suggestion only,  not an instruction. Company retains the right to inspect, stop, or alter the work of Independent  Contractor to assure its conformity with this Agreement.  

Independent Contractor shall start the work and shall execute work with diligence and  promptness so as to maintain schedules set by Sugar Magnolia Management Solutions, LLC.  

  • COMPENSATION  

Independent Contractor shall be entitled to compensation for performing those tasks  and duties related to the Scope of Work as follows:  

Independent Contractor will be paid for work orders started and completed. Work  orders not completed due to IC leaving early are subject to reduced wages or no pay  depending on the situation as decided by the Principal. IC and crew will receive “Work  Orders” for each property. Upon review by QC, if more than 15 minutes of work is  required IC may be required by contract to go back and complete or pay to have it  completed depending on the percentage incomplete.  

Independent Contractor will be subject to back charges. Notice of Intent to back  charge will be issued with “email” and/or “phone call” and/or other means of  communication deemed appropriate, giving the IC 24 hours to respond with a plan of  action and schedule to complete the work within 2 days of notice or be subject to  reduced wages.  

Independent Contractor will refer to approved work order and estimate approvals for each job  which will allow the IC to compute the total amount Sugar Magnolia Management  Solutions will pay for work to be completed based on the agreed upon percent split of total  invoiced amount. Any issues regarding the labor pay must be addressed before work  commences unless a change order is necessary at which time Sugar Magnolia Management  Solutions must approve change order and, material costs and labor costs associated with the  change order. When work is completed, the Independent Contractor will send Sugar Magnolia  Management Solutions a completed package which includes all mandatory pictures ( before,  during, after ).  

Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: From the date received the completed and signed  off work order will be paid per agreement with Sugar Magnolia Management Solutions.  Typically IC will be paid upon receipt of payment from the client for which work was performed,  unless an alternate agreement has been made between IC and SMMS, on a case by case basis.  

  • NOTICE CONCERNING WITHHOLDING OF TAXES  

Independent Contractor recognizes and understands that it will receive a 1099  statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable  Federal and State law. Independent Contractor hereby promises and agrees to  indemnify the Company for any damages or expenses, including attorney’s fees, and  legal expenses, incurred by the Company as a result of the independent contractor’s failure  to make such required payments.  

  • AGREEMENT TO WAIVE RIGHTS TO BENEFITS  

Independent Contractor hereby waives and forgoes the right to receive any benefits given by  Company to its regular employees, including, but not limited to, health benefits, vacation and  sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits  which might otherwise be found to accrue to the Independent Contractor by virtue of their  services to Company, and is effective for the entire duration of Independent Contractor’s  agreement with Company. This waiver is effective independently of Independent Contractor’s  employment status as adjudged for taxation purposes or for any other purpose.  

Neither this Agreement, nor any duties or obligations under this Agreement may be assigned  by either party without the consent of the other.  

  • TERMINATION  

This Agreement may be terminated prior to the completion or achievement of the Scope of  Work by Sugar Magnolia Management Solutions giving 30 days written notice if Sugar Magnolia Management Solutions deems necessary. Such termination shall not prejudice any other remedy to which the  terminating party may be entitled, either by law, in equity, or under this Agreement.  

  • NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY  INFORMATION  

Independent Contractor agrees not to disclose or communicate, in any manner, either during  or after Independent Contractor’s agreement with Company, information about Company, its  operations, clientele, or any other information, that relate to the business of Company  including, but not limited to, the names of its customers, its marketing strategies, operations,  or any other information of any kind which would be deemed confidential, a trade secret, a  customer list, or other form of proprietary information of Company. Independent Contractor  acknowledges that the above information is material and confidential and that it affects the  profitability of the Company.  

Independent Contractor understands that any breach of this provision, or that of any other  Confidentiality and Non-Disclosure Agreement, is a material breach of this Agreement. To the  extent Independent Contractor feels they need to disclose confidential information, they may  do so only after obtaining written authorization from Traci Shamburger, Principal, Sugar  Magnolia Management Solutions, LLC. 

  • NON-SOLICITATION  

Independent Contractors (or any persons hired by the Independent Contractors) shall not,  during the Agreement and for a period of one year immediately following termination of this  Agreement, either directly or indirectly, call on, solicit, or take away, or attempt to call on,  solicit, or take away, any of the customers or clients of the Company on whom Independent  Contractor called or became acquainted with during the terms of this Agreement, either for  their own benefit, or for the benefit of any other person, firm, corporation or organization.  

  • NON-RECRUIT  

Independent Contractor shall not, during this Agreement and for a period of 1 year  immediately following termination of this agreement, either directly or indirectly, recruit any of  Company’s employees or Independent Contractors for the purpose of any outside business.  

  • NON-CIRCUMVENTION  

In and for valuable consideration, the Company hereby agrees that Consultant may introduce (whether by written, oral, data, or other form of communication) the Company to one or more opportunities, including, without limitation, existing or potential investors, lenders, borrowers, trusts, natural persons, corporations, limited liability companies, partnerships, unincorporated businesses, sole proprietorships and similar entities (an “Opportunity” or “Opportunities”). The Company further acknowledges and agrees that the identity of the subject Opportunities, and all other information concerning an Opportunity (including without limitation, all mailing information, phone and fax numbers, email addresses, company information displayed at jobsite, company names, logos, or communication material at jobsite and other contact information) introduced hereunder are the property of Consultant, and shall be treated as confidential information by the Company, it affiliates, officers, directors, shareholders, employees, agents, representatives, successors and assigns. The Company shall not use such information, except in the context of any arrangement with Consultant in which Consultant is directly and actively involved, and never without Consultant’s prior written approval. The Company further agrees that neither it nor its employees, affiliates or assigns, shall enter into, or otherwise arrange (either for it/him/herself, or any other person or entity) any business relationship, contact any person regarding such Opportunity, either directly or indirectly, or any of its affiliates, or accept any compensation or advantage in relation to such Opportunity except as directly though Consultant, without the prior written approval of Consultant. Consultant is relying on the Company’s assent to these terms and their intent to be bound by the terms by evidence of their signature. Without the Company’s signed assent to these terms, Consultant would not introduce any Opportunity or disclose any confidential information to the Company as herein described.IN WITNESS, WHEREOF, the Parties hereto have caused this Agreement to be duly executed, all as of the day and year first above written. 

  • RETURN OF PROPERTY  

On termination of this Agreement, or whenever requested by the parties, each party shall  immediately deliver to the other party all property in its possession, or under its care and  control, belonging to the other party to them, including but not limited to, proprietary  information, customer lists, trade secrets, intellectual property, computers, equipment, tools,  documents, plans, recordings, software, and all related records or accounting ledgers.  

  • EXPENSE ACCOUNTS  

Independent Contractor and the Company agree to maintain separate accounts in regards to  all expenses related to performing the Scope of Work. Independent Contractor is solely  responsible for payment of incidental expenses incurred pursuant to this Agreement unless  provided otherwise in writing by Traci Shamburger, Principal, Sugar Magnolia Management  Solutions. Independent Contractor agrees to execute and deliver any agreements and  documents prepared by Company and to do all other lawful acts required to establish  document and protect such rights. Company will not pay for nor reimburse traveling expenses  including but not limited to gas, and lodging unless otherwise authorized in writing by Traci  Shamburger, Principal, Sugar Magnolia Management Solutions, LLC.  

  • WORKS FOR HIRE  

Independent Contractor agrees that the Scope of Work, all tasks, duties, results, inventions and  intellectual property developed or performed pursuant to this Agreement are considered  “works for hire” and that the results of said work is by virtue of this Agreement assigned to the  Company and shall be the sole property of Company for all purposes, including, but not  limited to, copyright, trademark, service mark, patent, and trade secret laws.  

  • LEGAL COMPLIANCE 

Independent Contractor is encouraged to treat all company employees, customers, clients,  business partners and other affiliates with respect and responsibility. Independent Contractor is  required to comply with all laws, ethical codes and company policies, procedures, rules or  regulations, including those forbidding sexual harassment, discrimination, and unfair business  practices.  

  • LICENSING, WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE  

Independent Contractor agrees to immediately supply the Company with proof of any  licensing status required to perform the Scope of Work pursuant to this Agreement, Workers’  Compensation Coverage where required by law and a minimum coverage of one million dollars  General Liability Insurance (including malpractice insurance, errors & omissions, if warranted),  upon request of the Company. Sugar Magnolia Management Solutions, LLC shall be named as  an additional insured.  

Minimum limits of insurance required of INDEPENDENT CONTRACTOR or THEIR  INDEPENDENT CONTRACTORs:  

  1. Automobile liability and property damage including hired and borrowed vehicle  liability in an amount of at least $1,000,000 combined single limit.  
  2. General liability including products, completed operations, contractual liability  coverage in an amount of at least $1,000,000 / $2,000,000 with a per project  aggregate limit. (If providing Umbrella Liability, Underlying GL must be at least  $1,000,000 per occurrence.)  
  3. Professional liability (if any professional services are rendered such as design,  engineering, etc.) in an amount of at least $1,000,000 combined single limit.  
  4. Workers’ compensation insurance with statutory limits and $500,000 employers’  liability and in absence of any employees, on a minimum “if any” basis of payroll or  subcontracts.  
  5. Insurance to be maintained as shown on the certificate of insurance during the entire  duration of work being performed on behalf of OWNER and for at least 3 years after  completion and delivery. Certificates to provide a minimum of 30 days notice of  cancellation or alteration.  

  

INDEPENDENT CONTRACTOR shall furnish an original Certificate of Insurance indicating, and  such policy providing coverage to, OWNER scheduled as an additional insured on a PRIMARY  and NONCONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG  2010 (11/85), (policy or endorsement will include coverage for ongoing operations as well as  “your work” including products and completed operations) including a waiver of subrogation 

clause in favor of OWNER on their general liability and workers’ compensation policies.  INDEPENDENT CONTRACTOR will maintain the General Liability and Umbrella Liability  insurance coverages summarized above and further outlined at the end of this section with  coverage continuing in full force including the additional insured endorsement until at least 3  years beyond completion and delivery of the work contracted herein. OWNERS’s insurance shall  be excess over any coverage provided to them as an additional insured under said  INDEPENDENT CONTRACTORs Additional Insured Endorsement Naming the OWNER.  

Notwithstanding any other provision of the Subcontract, the INDEPENDENT CONTRACTOR  shall maintain complete workers’ compensation coverage for each and every employee,  principal, officer, representative, or agent of the INDEPENDENT CONTRACTOR who is  performing any labor, services, or material under the Subcontract.  

  • PERSONS HIRED BY INDEPENDENT CONTRACTOR  

All persons hired by Independent Contractor to assist in performing the tasks and duties  necessary to complete the Scope of Work shall be the employees of Independent Contractor  unless specifically indicated otherwise in an agreement signed by all parties. All persons hired  as independent contractors of the IC shall be held to the same licensing requirements set forth  in this agreement for the IC. Sugar Magnolia Management Solutions is in no way responsible  for agreements made between Independent Contractors and their own Sub-Contractors in  regards to compensation or pay schedule. Any and all disputes must be addressed and  handled between the IC and any of their hired labor. Independent Contractor shall immediately  provide proof of Workers’ Compensation insurance and General Liability insurance covering  said employees, upon request of the Company.  

  • NOTICES  

Any notice to be given hereunder by any party to the other may be affected either by personal  delivery in writing, or by mail, registered or certified, postage prepaid with return receipt  requested. Mailed notices shall be addressed to the parties at the addresses appearing in the  introductory paragraphs of this Agreement, but each party may change their address by written  notice in accordance with this paragraph. Notices delivered personally shall be deemed  communicated as of actual receipt; mailed notices shall be deemed communicated as of five  (5) days after mailing. Independent Contractor agrees to keep Company current as to their  business and mailing addresses, as well as telephone, facsimile, email and pager numbers.  

  • ATTORNEY’S FEES AND COSTS  

In the event legal action is necessary to enforce the payment terms of this Agreement, the Company shall be entitled to collect from the Independant Contractor any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by the Independent Contractor for such collection action and, in addition, the reasonable value of the Company’s time and expenses spent for such collection action, computed according to the Company’s prevailing fee schedule and expense policies.

  • MEDIATION AND ARBITRATION 

Any controversy between the parties to this Agreement involving the construction or  application of any of the terms, provisions, or conditions of this Agreement, shall on written  request of either party served on the other, be submitted first to mediation and then if still  unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and  be governed by the  

provisions of the Laws unless the Parties stipulate otherwise. The parties shall each appoint one  person to hear and determine the dispute and, if they are unable to agree, then the two  persons so chosen shall select a third impartial arbitrator whose decision shall be final and  conclusive upon both parties. The attorneys’ fees and costs of arbitration shall be borne by the  losing party, as set forth in paragraph 18, unless the Parties stipulate otherwise, or in such  proportions as the arbitrator shall decide.  

  • REPRESENTATION  

Each party of this Agreement acknowledges that no representations, inducements, promises or  agreements, orally or otherwise, have been made by any party hereto, or anyone acting on  behalf of any party hereto, which are not embodied herein, and that no other agreement,  statement or promise not contained in this Agreement shall be valid or binding. Any  modification of this Agreement shall be effective only if it is in writing, signed and dated by all  parties hereto.  

  • INDEMNIFICATION  

Independent Contractor shall defend, indemnify, hold harmless, and insure Company from any  and all damages expenses or liability resulting from or arising out of, any negligence or  misconduct on Independent Contractor’s part, or from any breach or default of this Agreement  which is caused or occasioned by the acts of Independent Contractor. Independent  Contractors shall insure that its employees and affiliates take all actions necessary to comply  with the terms and conditions set forth in this Agreement. Independent Contractor shall name  Company as an additional insured on all related insurance policies including workers  compensation, and general liability.  

  • CONTAINMENT OF ENTIRE AGREEMENT  

This Agreement is an independent document and supersedes any and all other Agreements,  either oral or in writing, between the parties hereto, except any Confidentiality, Trade Secret,  Non-Compete, Non-Disclosure, Indemnification or Arbitration Agreement. This Agreement  contains all of the covenants and Agreements between the parties, except for those set forth in  any Confidentiality, Trade Secret, Non-Compete, Non-Disclosure, or Arbitration Agreement.  

  • PARTIAL INVALIDITY  

If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid,  void or unenforceable, the remaining provisions shall nevertheless continue in full force and 

effect without being impaired or invalidated in any way. This Agreement shall not be  terminated by the merger or consolidation of the Company into or with any other entity.  

  • GOVERNING LAW  

This Agreement shall be governed by, and construed under, the federal, state and local laws of  the United States of America.  

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and  year first above written. 

INDEPENDENT CONTRACTOR  

Sugar Magnolia Management Solutions, LLC
Traci Shamburger      or      John Siebert
Owner(s) Authorized Signature 

2759 Valencia Grove Dr
Valrico, FL 33596

Business Tax ID (EIN)

Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Give Form to the requester.
Do not send to the IRS.

Check appropriate box for federal tax classification: *

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U.S. citizen or other U.S. person (defined below).

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions below.

General Instructions

Section references are to the Internal Revenue Code unless otherwise noted.

Purpose of Form

A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:

  1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
  2. Certify that you are not subject to backup withholding, or
  3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income.

Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you areconsidered a U.S. person if you are:

  • An individual who is a U.S. citizen or U.S. resident alien,
  • A partnership, corporation, company, or association created or
  • organized in the United States or under the laws of the United States,
  • An estate (other than a foreign estate), or
  • A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S.status and avoid withholding on your share of partnership income

The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases:

  • The U.S. owner of a disregarded entity and not the entity,
  • The U.S. grantor or other owner of a grantor trust and not the trust, and
  • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:

  1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
  2. The treaty article addressing the income.
  3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
  4. The type and amount of income that qualifies for the exemption from tax.
  5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8.

What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

  1. You do not furnish your TIN to the requester,
  2. You do not certify your TIN when required (see the Part II instructions below for details),
  3. The IRS tells the requester that you furnished an incorrect TIN,
  4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
  5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9.

Also see Special rules for partnerships (above).

Updating Your Information

You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.

Penalties

Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions

Name

If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name.

If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form.

Sole proprietor. Enter your individual name as shown on your income tax return on the “Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business name/disregarded entity name” line.

Partnership, C Corporation, or S Corporation. Enter the entity’s name on the “Name” line and any business, trade, or “doing business as (DBA) name” on the “Business name/disregarded entity name” line.

Disregarded entity.Enter the owner’s name on the “Name” line. The name of the entity entered on the “Name” line should never be a disregarded entity. The name on the “Name” line must be the name shown on the income tax return on which the income will be reported.

For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner’s name is required to be provided on the “Name” line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on the “Business name/disregarded entity name” line. If the owner of the disregarded entity is a foreign person, you must complete an appropriate Form W-8.

Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the “Name” line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate).

Limited Liability Company (LLC). If the person identified on the “Name” line is an LLC, check the “Limited liability company” box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter “P” for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter “C” for C corporation or “S” for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the “Name” line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the “Name” line.

Other entities. Enter your business name as shown on required federal tax documents on the “Name” line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the “Business name/disregarded entity name” line.

Exempt Payee

If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the “Exempt payee” box in the line following the “Business name/disregarded entity name,” sign and date the form.

Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends.

Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding.

The following payees are exempt from backup withholding:

  1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2),
  2. The United States or any of its agencies or instrumentalities,
  3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities,
  4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or
  5. An international organization or any of its agencies or instrumentalities.

Other payees that may be exempt from backup withholding include:

  1. A corporation,
  2. A foreign central bank of issue,
  3. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States,
  4. A futures commission merchant registered with the Commodity Futures Trading Commission,
  5. A real estate investment trust,
  6. An entity registered at all times during the tax year under the Investment Company Act of 1940,
  7. A common trust fund operated by a bank under section 584(a),
  8. A financial institution,
  9. A middleman known in the investment community as a nominee or custodian, or
  10. A trust exempt from tax under section 664 or described in section 4947.

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15.

1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency.
IF the payment is for . . . THEN the payment is exempt for . . .
Interest and dividend payments All exempt payees except for 9
Broker transactions Exempt payees 1 through 5 and 7 through 13. Also, C corporations.
Barter exchange transactions and patronage dividends Exempt payees 1 through 5
Payments over $600 required to be reported and direct sales over $5,000 1 Generally, exempt payees 1 through 7 2

Part I. Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note. See the chart on page 4 for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer

Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).

If you are asked to complete Form W-9 but do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and giveit to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification

To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, below, and items 4 and 5 on page 4 indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the “Name” line must sign. Exempt payees, see Exempt Payee above.

Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification

What Name and Number To Give the Requester

1 List first and circle the name of the person whose number you furnish. If only one personon a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or “DBA” name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one),but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TINof the personal representative or trustee unless the legal entity itself is not designated inthe account title.) Also see Special rules for partnerships above.
*Note. Grantor also must provide a Form W-9 to trustee of trust
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account) The actual owner of the account or, if combined funds, the first individual on the account 1
3. Custodian account of a minor (Uniform Gift to Minors Act) The minor 2
4. a. The usual revocable savings trust (grantor is also trustee) The grantor-trustee 1
4. b. So-called trust account that is not a legal or valid trust under state law The actual owner 1
5. Sole proprietorship or disregarded entity owned by an individual The owner 3
6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) The grantor*
For this type of account: Give name and EIN of:
7. Disregarded entity not owned by an individual The owner
8. A valid trust, estate, or pension trust Legal entity 4
9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation
10. Association, club, religious, charitable, educational, or other tax-exempt organization> The organization
11. Partnership or multi-member LLC The partnership
12. A broker or registered nominee The broker or nominee
13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity
14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671-4(b)(2)(i)(B)) The trust

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records from Identity Theft

Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes.

An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

  • Protect your SSN,
  • Ensure your employer is protecting your SSN, and
  • Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.

Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).

Visit IRS.gov to learn more about identity theft and how to reduce your risk.


Privacy Act Notice

Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

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    MINIMUM LIMITS OF INSURANCE The Subcontractor shall maintain (1) Commercial Liability including Property Damage Insurance, with limits of at least $1,000,000.00, (2) Worker’s Compensation insurance with limits of at least $500,000.00 and (3) Commercial Automobile liability Insurance with limits of at least $1,000,000.00 in companies satisfactory to the Contractor. For other insurance limits and requirements see Exhibit A.

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