Have a Tax Question? Ask a Tax Expert
Thank you for using justanswer. There are 3 criteria that determines whether you are an employee, or if you are truly a contract laborer. They are:
If you feel that you fit into the above category, then you may want to file a
Form SS-8 (Rev. November 2006) irs.gov/irs/cda/common/images/pdf-16x16.gif" border="0" alt="PDF" title="PDF" width="16" height="16"/> Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding
Filing this form will cause to look at your situation, and if they agree with you, they will make your employer issue a W2 and pay his half of your Social Security and Medicare tax.
Please be aware that for the most part, many employers do not take kindly to having their payroll practices scrutizined by the IRS, so this could cause some repercussions for you, although I'm in no way suggesting that you don't folow up on this, I just thought I would let you know that.
Please see below for more in depth information re: Employer vs Independent Contractor.
Tax Topics - Topic 762 Independent Contractor vs. Employee
I hope this helps.