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Posted by Harlan Lunsford on February 26, 2007, 11:16 pm
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johnstacco@yahoo.com wrote:
> shed...@bloomington.com wrote:
>> You do not need the EIN, as the 1099MISC is not attached to
>> your 1040 unless there was Fed Inc Tax Withholding-which is
>> very rare in my experience. You just report the income,
>> probably on line 7 of the Form 1040. ....
>>
>> Confused? Don't feel bad, most tax preparers don't even know
>> how to handle this one correctly.
> Thank you for your insightful analysis Steve!
>
> So I did a little follow-up research, it looks like I am
> indeed misclassified. However, I discovered IRS form SS-8
> "Determination of Worker Status for Purposes of Federal
> Employment Taxes and Income Tax Withholding", and it seems
> like you can't simply "reclassify" yourself but need to file
> form SS-8 first, then wait for their ruling.
>
> Or am I wrong about this?
Partially wrong about this.
One may go ahead and file a return as if they are an
employee, pay the SS tax with form 4137 and include a copy
of the SS8 form with the return. Also must formally submit
the SS8 to IRS for determination.
IOW, no need to wait.
ChEAr$,
Harlan Lunsford, EA n LA
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