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What do I file if I feel I was an employee not self employed for tax purposes. Can I go back on one paying me if IRS agrees

Oakley, KS |

Never received any documents from one paying me over 7000 last year. Know he wants everyone claim self employed but I feel we were employees. Need to know what process I have to do to get this corrected with IRS OR have them tell me if I really self employed or not. Does IRS finding have an effect on my ability to go back on an " on the job" injury that happened in oct leaving me unable to work for over year?

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Attorney answers 1


You can file a Form SS-8, which is discussed here:

As for the on-the-job injury, you need to consult with a local employment or workers compensation attorney. The standard for "employee vs. independent contractor" may or may not be the same for state law as it is for the IRS.



Thank you very much do I claim this income as employee/employer income or do I have to claim it as self employed til IRS make determination?

David C. Holmes

David C. Holmes


You should ask your tax advisor about how to report it.

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