Common use of Taxes and Benefits Clause in Contracts

Taxes and Benefits. Freelancer acknowledges and agrees that Freelancer is solely responsible (a) for all tax liability associated with payments received from Freelancer’s Clients and through Upwork, and that Upwork will not withhold any taxes from payments to Freelancer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer is not covered by or eligible for any insurance from Upwork; (c) for determining whether Freelancer is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Upwork is required by applicable law to withhold any amount of the Freelancer Fees and for notifying Upwork of any such requirement and indemnifying Upwork for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Upwork, Freelancer agrees to promptly cooperate with Upwork and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to Upwork.

Taxes and Benefits. Freelancer Seller acknowledges and agrees that Freelancer Seller is solely responsible (a) for all tax liability associated with payments received from FreelancerSeller’s Clients Buyers and through Upwork3DHoudini, and that Upwork 3DHoudini will not withhold any taxes from payments to FreelancerSeller; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer Seller is not covered by or eligible for any insurance from Upwork3DHoudini; (c) for determining whether Freelancer Seller is required by applicable law to issue any particular invoices for the Freelancer Seller Fees and for issuing any invoices so required; (d) for determining whether Freelancer Seller is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Seller Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Upwork 3DHoudini is required by applicable law to withhold any amount of the Freelancer Seller Fees and for notifying Upwork 3DHoudini of any such requirement and indemnifying Upwork 3DHoudini for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Upwork3DHoudini, Freelancer Seller agrees to promptly cooperate with Upwork 3DHoudini and provide copies of FreelancerSeller’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer Seller is engaging in an independent business as represented to Upwork3DHoudini.