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Firms and workers file Form SS-8 to request a determination of the status of a worker for purposes of federal employment taxes and income tax withholding.
Once the IRS receives Form SS-8, it will acknowledge that and begin the process of determining whether the worker is an employee or an independent contractor. The IRS will attempt to get information from all parties involved by sending them blank Forms SS-8 for completion.
Firms and workers file Form SS-8 to request a determination of the status of a worker for purposes of federal employment taxes and income tax withholding.
After a worker files Form SS-8, the IRS sends a letter to the business. It identifies the worker and includes a blank Form SS-8. The business is asked to complete and return it to the IRS, which will render a classification decision. But the Form SS-8 determination process doesnt constitute an official IRS audit.
To facilitate this process, the IRS will electronically share Form 8919 data with the Social Security Administration. In the past, misclassified workers often used Form 4137 to report their share of social security and Medicare taxes.
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When to File Form SS-8. File Form SS-8 if, after you review the common law rules listed in Independent Contractor v. Employee, you dont know whether a worker is an employee or independent contractor. For more details, see Publication 15-A, Employers Supplemental Tax GuidePDF.
Generally, you must file your claim for a credit or refund within 3 years from the date your original return was filed or within 2 years from the date the tax was paid, whichever is later. Filing Form SS-8 does not prevent the expiration of the time in which a claim for a refund must be filed.
If your employer has classified you as an independent contractor and you believe you should be considered an employee, you can file a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS and ask the IRS to make a determination as to what your worker

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