In partial answer to a question posed by Arnie Miller [5] and X. Caicedo [2] we obtain sufficient conditions for an Lω1,ω theory to have an independent axiomatization. As a consequence we obtain two corollaries: If Vaught’s conjecture holds, then every Lω1,ω theory in a countable language has an independent axiomatization; every intersection of a family of Borel sets can be formed as the inters...