There are tests the IRS applies to determine if you are an employee or not. It is not as simple as just deciding that you are not self-employed. On the other hand, just because an employer decides that he doesn't want to pay your SE tax, that does not automatically make you self-employed.
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.
1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
However, the only way around this, is to file a Form 8919. The qualifications and instructions are available in the link below.
Workers who believe they have been improperly classified as independent contractors by an employer can use Form 8919, Uncollected Social Security and Medicare Tax on Wages to figure and report the employee’s share of uncollected Social Security and Medicare taxes due on their compensation. See the full article Misclassified Workers to File New Social Security Tax Form for more information.
If you are, indeed, self-employed, you will need to file a Schedule C. Schedule C, Profit or Loss from Business is an IRS form filed by sole proprietors and other self-employed taxpayers.
