You are here:

Auditing/How Form ss-8 works with tax returns



I submitted a Form SS-8 to the IRS because I believe I may have been misclassified as an Independent contractor instead of an employee in 2015. How does that impact my tax situation? In other words, I already filed my taxes including my 1099-misc / self employment income. Now do I wait to see what the IRS decides and then if they determine I was misclassified, will they send me a W-2 so that I can file an amendment?



Peg, the IRS would only "misclassify" you if they received a 1099 from your employer and not a W2. The IRS will not send you a W2, if you can obtain one from your old employer - I would do that and send the IRS a copy. My guess is that your employer sent in a 1099 (not a W2) and so you would owe the taxes on the amount you thought were earned as an employee - unless you can get a copy of that W2 from your old employer. If you do owe more taxes, either you can work out the difference and mail the IRS a check or you can wait for them to figure out how much you owe and pay that. Sometimes you can claim more expenses because you're a contractor, so filing an amended return might help avoid some of the additional taxes the IRS thinks you owe.
Hope that helps, RS


All Answers

Answers by Expert:

Ask Experts


Richard S


Questions about the collection of taxes. I spent ten years in Collections and tax return review with the IRS and spoke with over 20,000 people. I worked with people to solve problems with their tax levies, liens, Offer in Compromise, unfiled tax returns, payment/filing options and general questions.


Over 10 years with the IRS - recently retired. Handled thousands of cases - mostly for regular people that owed anywhere from a few hundred dollars to over $100,000.

Masters Degree from Iowa State in Ames.

©2017 All rights reserved.