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The IRS will usually notify the employer of their determination through a Letter 4991-A. The letter informs the employer that they must pay federal income taxes and their share of Federal Insurance Contributions Act (FICA) tax (social security and Medicare tax).
An employee is generally considered anyone who performs services, if the business can control what will be done and how it will be done. What matters is that the business has the right to control the details of how the workers services are performed.
the degree to which the worker is engaged primarily for the benefit of the employer. The IRS considers a worker to be your employee if you have the right to control not only what work will be done, but also how the worker will do it.
In analyzing Prong A of the ABC test, the California Supreme Court in Dynamex explained: A worker who is subject, either as a matter of contractual right or in actual practice, to the type and degree of control a business typically exercises over employees would be considered an employee.
Form SS-8 is used to request the IRS to determine a workers statusas an employee or an individual contractor. If theyre deemed employees, youll be obligated to treat them as such and withhold taxes from their pay. You might also be liable for unpaid payroll, income taxes and wages.
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Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action.
The dictionary definition of employee says succinctly that an employee is a person who works for another in return for financial or other compensation.3 Under that definition, independ- ent contractors would appear to be employees.
If you want the IRS to determine if a specific individual is an independent contractor or an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.

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