My boss considers me as self employed, but I have reason to think otherwise. I want to submit a SS8 form.?

Question

However, my boss states that she doesn't send out 1099 forms until the end of the year (sometime in December of this year). I hope to be gone by then, and working in a teaching job.

My reason for wanting to fill out this form is because she considers me as an indpendent contractor, when I am here 40 hours a week as a secretary in her real estate office.
I believe that is unjust and unfair.

Even though I don't plan to stay at this job beyond the summer, I plan to pay my self employment taxes at the end of the year, when I get my 1099 form from her. So, I won't be paying quarterly. I won't have to pay federal because my husband is not working and my salary is low enough (if I stay here) to cover us with the standard deduction and personal deductions.

So, all I have to pay is my self employment tax, it it is determined I am actually self employed.

My question is if I file this SS8 form, and it's determined I am self employed, will I have to stay paying taxes quarterly?

I would rather take the penalities at the end of the year. Right now my budget is too tight to hold back the self employment taxes.

Also, once this form is filed, if it is determined I am NOT self employed, does anyone know what will happen? I am sure she will fire me, but what will the IRS do? I just want a heads up on what I can be expecting. I* really believe it will be determined I am NOT an independent contractor. My boss is trying to cheat!

Answer 1

You should make your quarterly estimated tax payments until you are formally determined to be an employee and your employer starts withholding taxes from your pay. At that point you can stop making estimated tax payments.

Answer 2

You do not fit under the IRS definition of an independent contractor. You should contact IRS and complain to them. You would also then have to find a different job.

Self-employment tax is paid on your federal income tax return. If you pay the self-employment tax, you are admitting that you are self-employed. You should probably get an extension of time to file your return, and then clear up the matter before 10/15/07.