Скачать или смотреть Independent Contractors vs. Employees (What's the Difference?)

If it is still unclear whether a worker is an employee or an independent contractor, you may file Form SS-8 “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding” with the IRS.

This form is to request a determination of the status of a worker under the common law rules for purposes of federal employment taxes and income tax withholding. Generally, under the common law rules a worker is an employee if the firm has the right to control what will be done and how it will be done.

There is no fee for requesting a Form SS-8 determination letter.

When the IRS receives the request, it will begin research and may come back to the firm and worker for further information. At the end of the process (which might take up to six months) the IRS will either issue a determination letter, which is binding on the IRS, or issue an informational letter, which is advisory but not binding.

Note that Form SS-8 determination may be requested only in order to resolve federal tax matters. The IRS does not issue a determination letter for proposed transactions or on hypothetical situations or for other reasons not in the best interests of tax administration.

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