I Don't Think I'm Really an Independent Contractor

[LdiJ]

Update:

OK, so I have been doing my diligence on this the last week or so, but I'm hitting a wall. Before going the route of legal council, getting in touch with the IRS seemed like the most sensible (and easiest) option to start. Which is what was suggested here. But easy is a relative term. Getting someone on the phone to answer a few simple questions has been a nightmare! I've been calling the main number over and over, trying almost every option and button press I can for days on end. It usually just dumps me out into a "sorry, this line is not taking calls" message. I even managed to get a few operators in the business tax department to pick up, who referred me to both the misc tax department and the "advanced" tax law department. But again, both lines just hit me with an automated message and disconnect me.

I need a few questions answered about the best way to move forward on the paperwork side of things, and ensure all my Ts are crossed, and my Is are dotted correctly (since they're such a stickler for that). I also want to ensure I'm 100% clear on the steps to come, in case it comes up with an attorney or my ex-boss later.

So my questions is, can anyone give advice on how to get in touch with someone at the IRS to get this process started? I don't want to just fax a form in and hope for the best. I want to ensure it's all done correctly and through the proper channels. I need a number or department I can ask for, besides just the main line. Any help on that front?

A local tax preparation firm, particularly the kind that stay open all year, can absolutely help you with that. They do it all the time. They also usually will do it for a very reasonable fee. The odds of getting people on the phone at the IRS are slim right now, and even slimmer to find someone who can walk you through that paperwork. I also doubt that you will be able to fax it in. You will likely have to mail it in. However, look through the instructions on the SS-8. If there is an option to fax it in, you will find it there.

 

[bcr229]

The SS-8 instructions specifically state that the form must be mailed and you need to sign it. The mailing address is in the instructions.
https://www.irs.gov/pub/irs-pdf/iss8.pdf

Don't expect an answer for many months as they're backlogged.

 

[judgediatl2]

I found that form and I will be filling it out. Thanks for that! One more questions. Just generally speaking (as I know you can't give me specifics without seeing the contract), but does signing a work for hire contract that says your an independent contractor (but then be treated as an employee, without a choice or face being let go) muddy the water at all? Or can the IRS still say I should have been an employee, based on my treatment, even if I did sign a work for hire document?

 

[Zigner]

I found that form and I will be filling it out. Thanks for that! One more questions. Just generally speaking (as I know you can't give me specifics without seeing the contract), but does signing a work for hire contract that says your an independent contractor (but then be treated as an employee, without a choice or face being let go) muddy the water at all? Or can the IRS still say I should have been an employee, based on my treatment, even if I did sign a work for hire document?

Nope, you can't sign a form that changes you from an employee to an IC.

 

[Taxing Matters]

Just generally speaking (as I know you can't give me specifics without seeing the contract), but does signing a work for hire contract that says your an independent contractor (but then be treated as an employee, without a choice or face being let go) muddy the water at all? Or can the IRS still say I should have been an employee, based on my treatment, even if I did sign a work for hire document?

As far as federal tax law and the IRS are concerned, the agreement between the parties saying that the relationship is an independent contractor is not conclusive; rather, it is simply one of about a dozen factors that are considered in making that determination, and it is one of the weakest of those factors.

 

[eerelations]

As far as federal tax law and the IRS are concerned, the agreement between the parties saying that the relationship is an independent contractor is not conclusive; rather, it is simply one of about a dozen factors that are considered in making that determination, and it is one of the weakest of those factors.

It's like if you sign a form with a prospective employer that states something like "I agree to work for you for less than the legally-mandated minimum wage" it doesn't necessarily mean that the employer can get away with paying you less than minimum wage.