you need to determine if you are an employee or independent contractor
An independent contractor is a person or business entity which:
? is free from immediate direction and control by business in their performance of the services
? is responsible to business only for the contracted result of the work, not the manner or method used to accomplish the work
? solely controls and directs how the service is provided, who provides it, and the means used to provide the service
? sets his/her own prices for goods and fees for service
? can terminate contract while not terminating his/her business
? can terminate contract while not creating an unemployment situation
? uses advertising to promote their business
? provides goods and/or services to a segment general public of their own choosing
you can use irs 20 point checklist at
https://www.walthall.com/wp-content/uploads/2014/09/IRS-Indep-Contr-20-Point-Checklist.pdf
if you are an independent contractor , then the business using your services does not need to withhold income taxes or pay medicare and social security taxes - you may need to paid estimated taxes
if you are an employee, your employer has serious problems if it is not withholding the proper taxes. if it issues you a 1099 rather than a W-2 as an employee you would end up paying about 14% of your gross for medicare and social security taxes (vs 7.65& as employee)
Consequences of Misclassifying an Employee
Classifying an employee as an independent contractor with no reasonable basis for doing so makes employers liable for employment taxes. Certain employers that can provide a reasonable basis for not treating a worker as an employee may have the opportunity to avoid paying employment taxes. See Publication 1976, Section 530, Employment Tax Relief Requirements for more information.
In addition, the Voluntary Classification Settlement Program (VCSP) offers certain eligible businesses the option to reclassify their workers as employees with partial relief from federal employment taxes.
The IRS can help employers determine the status of their workers by using Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. IRS Publication 15-A, Employer's Supplemental Tax Guide, is also an excellent resource.
Workers who believe an employer improperly classified them as independent contractors can use Form 8919 to figure and report the employee’s share of uncollected Social Security and Medicare taxes due on their compensation.
but if you do, yor employer may fire you. then it becomes a legal issue
