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Do I have to file SS-8 If my employer didn't consider me an employee yet for a period. I still got compensated and received form 1099-NEC.

 
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1 Reply
rjs
Level 15
Level 15

Do I have to file SS-8 If my employer didn't consider me an employee yet for a period. I still got compensated and received form 1099-NEC.

You are never required to file an SS-8. You do not have to file one if you agree that you are a contractor, not an employee, or if you are satisfied to be treated as a contractor even if you think you should be considered an employee. You only have to file an SS-8 if you want the IRS to determine whether you should be treated as a contractor or an employee. It's up to you to decide whether you want to file an SS-8 or not. Be aware that filing an SS-8 might get the employer annoyed, which could result in losing the job.

 

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