If you believe you should have been treated as an employee and not a contractor, begin the process to file Form 8919 here:
- Federal Taxes
- Wages and Income
- Other Common Income
- Enter 1099-MISC for the time being
- On the next screen, just briefly describe your work (i.e. Sales, landscaping, etc)
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Immediately after the 1099-MISC entry you'll see checkboxes, including "your employer reported on a 1099 but it should have been on a W2"
- If you have not gotten a response for SS-8 yet, just click as much on the next screen
- Your return will now include 8919
You need to also mail SS-8 now, independently of your tax return. You can wait for that response, or go ahead with the 8919 now. If the IRS agrees that you were an employee, your return will not need to be changed.
It may take a while to get the SS-8 response, so go ahead with the 8919 if you have researched your situation.
https://www.irs.gov/pub/irs-pdf/fss8.pdf
You will mail that to:
Internal Revenue Service
Form SS-8 Determinations
P.O. Box 630 Stop 631
Holtsville, NY 11742-0630
