The Expense Question in Contractor Relationships
One of the distinguishing features of an independent contractor relationship is that the contractor typically bears their own business expenses. Unlike employees, who are often reimbursed for work-related costs, contractors generally build expenses into their rates.
However, some contractor engagements legitimately involve expenses that should be reimbursed by the client, particularly when the contractor incurs costs specifically at the client's request or for the client's benefit. Getting the expense reimbursement terms right protects both parties and helps maintain the independent contractor classification.
When Expense Reimbursement Is Appropriate
Client-Directed Expenses
Expenses that the client specifically requests or requires the contractor to incur are the most appropriate candidates for reimbursement:
- Travel to the client's location for required meetings or on-site work
- Specific software licenses or subscriptions required by the client
- Materials or supplies specified by the client for the project
- Third-party services procured on the client's behalf (printing, stock photography, domain registrations)
Project-Specific Expenses
Costs directly tied to the specific project that go beyond the contractor's normal business overhead:
- Research materials, data access, or specialized databases
- Prototype materials or testing equipment
- Shipping and delivery of physical deliverables
- Project-specific insurance requirements
When Not to Reimburse
Expenses that are part of the contractor's normal business operations should typically not be reimbursed, as doing so can weaken the independent contractor classification:
- General office supplies and equipment
- Standard software tools the contractor uses across all clients
- Internet and phone service
- Professional development and training
- General liability insurance
- Home office costs
A useful test: if the contractor would incur the expense regardless of this particular engagement, it's a business expense that should be built into their rate. If the expense exists solely because of this engagement, it's a candidate for reimbursement.
Structuring Expense Terms in the Agreement
Eligible Expense Categories
List the specific categories of expenses that are eligible for reimbursement. Being explicit prevents disputes and sets clear expectations:
Travel expenses:
- Airfare (economy class unless otherwise approved)
- Ground transportation (rental car, rideshare, taxi)
- Mileage for personal vehicle use (specify the rate, such as the IRS standard mileage rate)
- Lodging (with per-night limits)
- Meals (with per diem or per-meal limits)
- Parking and tolls
Project materials:
- Specific materials purchased for the project
- Third-party services procured on behalf of the client
- Shipping and delivery costs
- Printing and production costs
Technology:
- Client-required software licenses
- Cloud hosting or computing costs specific to the project
- Domain registrations or service subscriptions purchased for the client
Spending Limits
Set clear financial boundaries:
- Per-item limits: Maximum amount for individual expenses without prior approval (such as $100)
- Category limits: Maximum amounts per category per month or per project
- Project budget: Total expense budget for the entire engagement
- Pre-approval thresholds: Dollar amount above which prior written approval is required
Pre-Approval Requirements
Specify which expenses require advance approval:
- All travel arrangements
- Individual expenses above a specified threshold
- Recurring subscriptions or commitments
- Capital expenditures or equipment purchases
- Expenses outside the listed categories
Define how approval requests should be submitted and who has the authority to approve them.
Requiring pre-approval for significant expenses protects the client from unexpected costs and protects the contractor from bearing expenses the client ultimately refuses to reimburse.
Documentation and Submission
Required Documentation
Specify what documentation the contractor must provide for each expense:
- Receipts: Original receipts or clear copies for every expense above a minimum threshold (such as $25)
- Description: Brief explanation of the business purpose of each expense
- Date: When the expense was incurred
- Project reference: Which project or task the expense relates to
- Approval reference: Reference to any pre-approval, if applicable
Expense Report Format
Provide a standardized format or template for expense submissions. Include:
- Required fields and layout
- How to categorize expenses
- How to attach supporting documentation
- Where to submit expense reports
Submission Deadlines
Set deadlines for expense report submission:
- Monthly submission deadlines (such as the 5th of the following month)
- Final submission deadline after project completion (such as 30 days after the last day of the engagement)
- Consequences of late submission (delayed reimbursement or forfeiture)
Reimbursement Process
Payment Timeline
Specify when the contractor can expect reimbursement:
- Net 15 or net 30 from receipt of a complete and approved expense report
- Whether expenses are paid with regular invoiced payments or separately
- How disputed expenses are handled pending resolution
Payment Method
Clarify how reimbursements are paid:
- Added to the next regular invoice payment
- Separate payment via check, ACH, or wire transfer
- Through the same payment method as project fees
Disputed Expenses
Establish a process for handling expense disputes:
- How the client notifies the contractor of disputed expenses
- The contractor's right to provide additional documentation or explanation
- How long the contractor has to respond to disputed expenses
- What happens if the dispute can't be resolved
Tax Implications
For the Hiring Company
Reimbursed expenses under an accountable plan (with adequate documentation and a business connection) are generally not reported on the contractor's 1099-NEC. However, if expenses are reimbursed without adequate documentation or without a business connection, they may be treated as additional compensation.
For the Contractor
Properly reimbursed expenses are not income to the contractor and should not be included on their tax return. Unreimbursed business expenses may be deductible on the contractor's Schedule C.
Maintaining Records
Both parties should maintain expense records for at least three years (seven years is safer) for tax audit purposes. The IRS may require substantiation of expenses that were reimbursed.
Expense Caps and All-Inclusive Pricing
All-Inclusive Rate
Some contractor relationships use an all-inclusive rate where the contractor's fee covers all expenses. This approach:
- Simplifies administration (no expense reports, no reimbursement process)
- Gives the contractor full control over how they allocate their budget
- Supports the independent contractor classification (the contractor bears their own expenses)
- Requires the contractor to accurately estimate expenses when setting their rate
Hybrid Approach
A common middle ground is to build standard expenses into the contractor's rate but reimburse extraordinary or client-directed expenses separately. This might mean:
- The contractor's rate covers normal business overhead
- Travel expenses requested by the client are reimbursed separately
- Project-specific materials are reimbursed upon approval
- The agreement clearly delineates the line between included and reimbursable expenses
Classification Implications
How you handle expenses can affect worker classification:
Supports contractor status:
- Contractor covers their own standard business expenses
- Reimbursement is limited to client-directed or project-specific costs
- Contractor has discretion over how they spend their own business funds
May suggest employment:
- Company reimburses all of the contractor's business expenses
- Company provides equipment, supplies, and tools
- Company covers the contractor's insurance, training, and professional development
Document Your Expense Policy
Clear expense reimbursement terms prevent disputes, support proper tax treatment, and help maintain the independent contractor classification. PactDraft generates independent contractor agreements with customizable expense provisions, including eligible categories, approval processes, and documentation requirements. Create your agreement today and get your expense reimbursement policies documented from the start.