Just to be clear, we know for a fact that it is an employee/employer relationship...it meets all of the requirements and definitions. And the employer eventually made the change mid year and started withholding FICA taxes. So we received a 1099-MISC for the first few thousand in earnings, and then a W-2 for the remaining year. So that is not the question. We know we can file the 8919 form and it meets the "H" reason. However, what is not clear is: will this generate an investigation of the employer by the IRS? The literature we've read seems to imply that the SS-8 filing is what triggers an investigation; but the "H" category states NOT to file the SS-8. Does anyone know if the SS-8 is the trigger? And if filing the 8919 with the "H" parameter...without filing the SS-9...will not raise the hounds? It shouldn't be so hard to do the right thing without getting an employer in trouble...and they might retaliate. If there is no way around this, then the IRS is forcing taxpayers to become stool pigeons if they want to file accurately and fairly...which would be patently UNfair.
Thanks in advance to anyone who has experience and input on this topic.
