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I need advice for how dental hygienist should file since they need to be under direct supervision from a dentist and cant be independent contractors

 
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Anonymous
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I need advice for how dental hygienist should file since they need to be under direct supervision from a dentist and cant be independent contractors

did you get a w-2?  then your an employee.  if you got a 1099-misc you ARE supposedly an independent contractor.

 

an IC pays self-employment tax about 14% on net schedule c income  but would get a QBI  deduction  (maybe 20% of net QBI income which starts off with net schedule C income)  in addiyon you could contribute to a larger amount to a retirement plan  than an emplyeee and any health insurance you pay would also go to reduce adjusted gross income (not schedule A if you were an employee)  

see this link

https://www.todaysrdh.com/are-dental-hygienists-independent-contractors-or-employees/

 

if you feel you are an employee after reading the info in the above link and get a w-2 you need do nothing

if you feel you should have been classified as an employee you can d the following

 

Talk to your Employer. First, you can try to talk to your employer to see if it will review your classification and reclassify you as an employee. Explain that you think you've been wrongly classified as an independent contractor. At the very least, you should get an explanation as to why they think you are a contractor, instead of an employee. (they may do nothing pecuase of what it would cost to reclassify you as an employee)

 

Get the IRS Involved. If trying to talk to your employer doesn't work, you can contact the IRS. Workers who believe they have been misclassified as independent contractors may request that the IRS determine their employment status for federal tax purposes by filing form IRS Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. There is no fee for filing.

You answer a series of questions on this form about the nature of your work and how your employer treats you on the job. After the IRS receives the form, it will contact your employer to get their version of the facts. It will then determine what your status should be for purposes of federal employment taxes and income tax withholding. The decision made by the IRS will be binding on the IRS. It is not binding on your employer, but any employer who ignores the IRS's determination will be in for trouble.


One thing to keep in mind is that the IRS may disclose your identity to your employer, which might not make the employer too pleased with you.

 

File Your Tax Return with IRS Form 8919. Independent contractors have to pay all their Social Security and Medicare taxes themselves. In contrast, employees have half of these taxes paid by their employers. If you think you've been misclassified as a contractor, you can avoid having to pay more than half of these taxes yourself by filing IRS Form 8919, Uncollected Social Security and Medicare Tax on Wages.

You use Form 8919 to figure and report your share of the uncollected Social Security and Medicare taxes due on your compensation if you were treated as an employee instead of an independent contractor. By filing this form, your Social Security and Medicare taxes will be credited to your Social Security record. However, you must be able to claim one of the reasons below before you can file Form 8919:

You filed a Form SS-8 and the IRS has determined that you are an employee.
You were designated a "section 530 employee" by your boss or the IRS prior to January 1, 1997. A 530 employee is a person the IRS determined to be an employee prior to January 1, 1997 but whose employer has been granted relief from payment of employment taxes.
You received a letter from the IRS that states you are an employee.
You were previously treated as an employee by this boss and you are performing services in a substantially similar way and under substantially similar direction and control.
Your co-workers, performing very similar services under similar direction and control, are treated as employees.
Your co-workers, performing very similar services under similar direction and control, filed Form SS-8 for this boss and received a determination that they were employees.
You filed Form SS-8 with the IRS and have not received a reply.

 

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