Filing of a SS-8 Form

Forum|Forum|4 years ago
March 3, 2022
1 reply
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My son and I both got a 1099-NEC Form. I understand that I have to file a SS-8 Form with the IRS. We only have answers for some of the questions on the SS-8, we don't have filled out the whole form, is that going to be a problem?

DoninGA

Employee

Why do you think you need to file an SS-8?

An SS-8 is filed with the IRS if you are seeking a determination if you were an employee or an independent contractor.

juanelaubeAuthor

Thank you for your quick response.

We are filing the SS-8 form because TurboTax is saying we need to file one. Some fields don't apply to us. Can those stay empty?

DoninGA

Employee

@juanelaube wrote:

Thank you for your quick response.

We are filing the SS-8 form because TurboTax is saying we need to file one. Some fields don't apply to us. Can those stay empty?

Not sure where in the TurboTax program you would be asked to provide a SS-8. Were you an independent contractor? A Form 1099-NEC is given to independent contractors to report nonemployee compensation.

This is not really an income tax issue but one of if you should have been considered an independent contractor or you should have been considered an employee.

Firms and workers file Form SS-8 to request a determination of the status of a worker under the common law rules for purposes of federal employment taxes and income tax withholding.
Generally, under the common law rules a worker is an employee if the firm has the right to control what will be done and how it will be done.

It would be best if you use the SS-8 instructions.

IRS SS-8 Instructions - https://www.irs.gov/pub/irs-pdf/iss8.pdf