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Will I get audited if I was classified as a freelance employee and didn't pay any estimated quarterly taxes? My employer never told me I was freelance.

I think they were probably breaking the law by paying me as freelance.  My question is how is this going to affect my taxes and what options do I have?
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1 Best answer

Accepted Solutions
ColeenD3
Expert Alumni

Will I get audited if I was classified as a freelance employee and didn't pay any estimated quarterly taxes? My employer never told me I was freelance.

If you did not receive a W-2, then your "employer" considers you to be an Independent Contractor. If you owe at the end of the year, you can pay at that time. You may have an underpayment penalty. You can also get on an Installment Agreement to pay over time.

 

Having said that, you do have recourse. 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.

 

 

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?

 

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3 Replies
ColeenD3
Expert Alumni

Will I get audited if I was classified as a freelance employee and didn't pay any estimated quarterly taxes? My employer never told me I was freelance.

If you did not receive a W-2, then your "employer" considers you to be an Independent Contractor. If you owe at the end of the year, you can pay at that time. You may have an underpayment penalty. You can also get on an Installment Agreement to pay over time.

 

Having said that, you do have recourse. 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.

 

 

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?

 

Will I get audited if I was classified as a freelance employee and didn't pay any estimated quarterly taxes? My employer never told me I was freelance.

Thank you for the reply.  I sent in 8919 and amended my taxes.  The old job is now asking me to fill out a W9 for the time I worked there.  I'm just worried that this will be seen some sort of consent or admission that I was a contractor, after I've already tried to dispute it. 

DawnC
Expert Alumni

Will I get audited if I was classified as a freelance employee and didn't pay any estimated quarterly taxes? My employer never told me I was freelance.

No, it will not be looked at in a negative way.   It happens often, but let the IRS make the determination.  You can complete Form SS-8 to have them determine your status.   

 

Firms and workers file Form SS-8 to request a determination of the status of a worker for purposes of federal employment taxes and income tax withholding.  Filing a Form SS-8 requesting a “worker status” determination means you or the firm is asking the Service to establish if the services you provide to the firm are those of an employee or an independent contractor.

 

Form SS-8 Form SS-8 

 

Instructions for SS-8

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