SS-8 form....IRS?

Question

When can I fill out an SS-8 form? Basically, I believe I was an employee and not a contractor. Should I fill out this form and mail it in before I file my taxes?

Thank you.

Thanks Charlie and Angie.

Yea, it is crazy how some people try to get out of paying taxes. 7/hr cashier is not a contractor.

Thanks....

Based on the info you provided, I was definitely an employee.

Answer 1

Send it in immediately. The sooner, the better. Do NOT wait until you file your tax return! You want to get a ruling from the IRS (and adjustments by your employer for SS and Med taxes) BEFORE you file your return.

Ideally the best time is as soon as you start a "job" that the "employer" claims to be an independent contract gig. The vast majority of those gigs are NOT IC, but employee and you need to the issue sorted out well before the tax returns are due.

Answer 2

I have a canned explanation to apparently clueless independent contractors:

Some employers try to get around paying employment taxes (social security and unemployment) and other employee benefits like workers compensation insurance by improperly classifying employees as independent contractors. The basic issue is the amount of control the employer has over the worker. If you are required to show up for work--personally--at a particular time, punch the clock, use the employer’s equipment and are paid an hourly rate, or another set rate based on time served, you are an employee. If you didn't understand the difference when you posed your question, I would be even more convinced that you are an employee. What is your preference, Slotted or Phillips? Complete an IRS Form SS-8 to get an official ruling on your status. This will help you get unemployment if you get fired. When you file your income tax return, you can attach Form 8919 Uncollected Social Security and Medicare Tax on Wages and only pay the employee's half of social security. You will still have to cough up all the income tax. IRS and the states are stepping up enforcement in this abuse area.

Answer 3

If your employer disagrees, then yes.
I had a jerk try to convince me I was a contract worker while I was just a cashier! He didn't take any taxes out of my paycheck.

When filing time came, my accountant told me that I must write it up as if I owned my own company or take legal action against him. I owed $800 for part time work of $7/hr, less than a year!

I did my own research and found the form you mention. I submitted my taxes her way because it was due, then filed the form, and sure enough the IRS agreed with me. They sent me a correction form and a corrected W-2, and I later got a refund. I'm sure they had to cough up a lot of money to right their wrongs!

Answer 4

No send it with your tax return