There is a form you can file with the IRS to determine your proper classification. Filling out this form might give you an idea of how the IRS would decide.
Form SS-8
If it is still unclear whether a worker is an employee or an independent contractor, or if your business consistently hires the same types of workers to provide specific services, you may consider submitting a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Wi... with the IRS.
Form SS-8 may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status. Please note that it may take at least six months to receive a determination on your filing. For detailed guidance on completing this form, refer to the resource on Completing Form SS-8.
