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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I have been working for a company most of this year as an independent

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I have been working for a company most of this year as an independent contractor, but I believe that for tax purposes I should be considered an employee and therefore not be subject to self-employment tax. My work is directed by the company, I was trained by employees of the firm, they provide all the equipment I need, they give me the work to do each day, I am paid hourly, 3 employees do the same tasks at times, and the contract requires me to notify the company of potential "conflicts" in any other agreement before I can enter into that agreement. The contract says I'm a consultant and I provide invoices of time worked rather than timesheets. First, is the IRS likely to consider that self-employment?

Second, if that is not self-employment, I need to know how to proceed. Should I plan on paying the self-employment tax when I file my return in April and attempt to get it back after the IRS makes its decision on my SS-8? Or should I file the SS-8, not pay the self-employment tax, and w
Submitted: 8 years ago.
Category: Tax
Expert:  Marvin,EA replied 8 years ago.
Hello and thank you for using Just Answer. Base on the information you provided you should be treated as a employees. You should file with your Fom 1040 Form 8919, Uncollected Social Security and Medicare Tax on Wages ( and Form SS-8 ( .
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