Expert: Consuelo Herrera, International Accountant and Fraud Examiner - 8/19/2008

Question
I was wondering if you have any idea exactly how long it takes to receive the determination status from IRS. I have been pulling hair out of my head frustrated not knowing who to contact about my status. I filed form SS8 in the beginning of February and heard anything since. I understand it takes 180 days however: I am at that point and I am very anxious to know what happens next. I am no longer working for the company I filed on. One of the reasons why I quit was because of major tax problems. I was given W4 and 1099 at tax time for which I never signed greed on the 1099. I was confused why I got them both so I filed. Any suggestion or answers would be highly appreciated. Is there any direct contact for IRS for that filing status only and not automated riff raff they make you go through when you call?

Thank you Tina

Answer
Dear Tina,

Thank you for contacting me.

I understand your frustration and I found that very unusual that you have not received a response. Usually, the IRS acknowledges the receipt of a Form SS-8. However, because there are usually two (or more) parties who could be affected by a determination of employment status, the IRS attempts to get information from all parties involved by sending those parties blank Forms SS-8 for completion. Some
or all of the information provided on this Form SS-8 may be
shared with the other parties listed on page 1 of such form.

The case then is assigned to a technician who reviews the facts, applies the law, and renders a decision. The technician may ask for
additional information from the requestor, from other involved
parties, or from third parties that could help clarify the work
relationship before rendering a decision.

You do not specify the year for which you filed the Form SS8. Bear in mind that a Form SS-8 determination may be requested only in order
to resolve federal tax matters. If Form SS-8 is submitted for a
tax year for which the statute of limitations on the tax return
has expired,A DETERMINATION LETTER WILL NOT BE ISSUED. The
statute of limitations expires 3 years from the due date of the
tax return or the date filed, whichever is later.
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.

If the year referred to in your Form SS8 does not fall within this time span, I would suggest that you gather your patience and call the IRS 1-800-829-1040. They will direct you in the direction you should go. I have called myself and although it has taken a while for a response, finally I received one and they have been very useful and kind.

Tina, come down, nothing lasts for ever! If nothing else helps, contact your local IRS office and make an appointment or search for local volunteers or not-for-profit organizations that help you address issues with the IRS.

Hope things go well for you!

Sincerely,


Consuelo Herrera, CAMS, CFE