


Ask the community...
I went through almost this exact situation at a dermatology clinic last year! Controlled schedule, on-site work, using their equipment, yet they wanted to classify me as an independent contractor. Here's what I learned: 1. Don't fill out that W-9 if you believe you're an employee. You can provide a written statement explaining why you believe you're misclassified instead. 2. The SS-8 form is exactly what you need. It asks detailed questions about your work arrangement so the IRS can make a determination. 3. Document EVERYTHING. Save all communications, work schedules, evidence of supervision, etc. 4. If they've already paid you, you'll need to report that income regardless. But you can file Form 8919 with your taxes to pay only the employee portion of Social Security and Medicare taxes. My former employer was furious when they got contacted by the IRS, but ultimately the determination came back that I was indeed an employee. They had to pay their portion of employment taxes plus penalties. It took about 7 months for the whole process.
Thanks for sharing your experience! Did you have any issues with the employer retaliating against you? I'm worried about using them as a reference for future jobs if I file an SS-8.
That's a valid concern. I did face some initial hostility - they definitely knew I was the one who filed the SS-8, and I received a pretty nasty email about it. However, I was fortunate that I had already secured another position and didn't need them as a reference. If you're concerned about references, I recommend lining up alternative references from colleagues or supervisors who might be sympathetic to your situation. Also, many employers now only confirm dates of employment rather than providing detailed references due to liability concerns. Another option is to be proactive and have a calm, professional conversation with your former employer explaining that you're simply trying to ensure your taxes are filed correctly. Sometimes approaching it from a "I need to make sure I'm doing this right" angle rather than an accusatory one can help maintain the relationship. That said, some employers will still be upset regardless of how you approach it.
Hey, just a heads up - my wife is an accountant and says you should request a copy of your Homebase time records ASAP before they potentially "disappear." Those records are gold for proving you were treated as an employee. One of her clients was in a similar situation and getting those timekeeping records was crucial to their successful misclassification case. Also, her firm sees these cases all the time and they've had great success with the SS-8 process. The typical turnaround time is 6-8 months for a determination, but it's absolutely worth doing. From what you've described, this is pretty much a textbook case of misclassification. One last thing - don't worry too much about the SSN issue. Your employer already has your SSN if you worked there, and filing the SS-8 doesn't create additional risk. If anything, having an open case with the IRS might actually provide some protection because they'll be more aware if something suspicious happens with your tax records.
Is there a time limit for filing the SS-8? I had something similar happen 2 years ago but never did anything about it.
One option that might help - check if your employer offers commuter benefits through payroll deduction. My company lets me set aside up to $280/month pre-tax for qualified parking expenses. It reduces my taxable income so I'm not paying income tax on the money I use for parking. It's not a deduction, but it's still tax savings!
Does anyone know if I have to ask about this specifically or would it be something automatically offered in benefits packages? I've been at my company for 3 years but don't remember seeing anything about commuter benefits during enrollment.
You definitely need to ask specifically about commuter or transportation benefits. Many companies offer them but don't promote them heavily during benefits enrollment since they focus more on health insurance and retirement plans. It's often administered through a separate system. Check with your HR department or benefits coordinator. If they do offer it, you can typically enroll at any time, not just during open enrollment. If they don't currently offer it, some companies will consider adding the benefit if enough employees express interest since it's relatively simple to implement and also saves the company on payroll taxes.
Just an outside-the-box thought - have you looked into carpooling with coworkers to split the parking cost? I was paying $175/month until I found two colleagues who live near me. Now we rotate driving each week and my parking cost is effectively $58/month. Not a tax solution but definitely helps the budget!
Or check if monthly parking passes are cheaper than daily rates! When I switched to a monthly pass instead of paying the daily rate, I saved about 35%. Some garages also have early bird specials if you arrive before a certain time.
Another option is to check with your local office supply stores. Stores like Staples, Office Depot, or even Walmart sometimes sell tax form kits that include templates (usually on CD or as a download code) along with the physical forms. These are usually made by companies like Adams or TOPS. I used one last year and the templates were pretty basic Excel files, but they were precisely formatted to line up with the official forms. Cost me around $40 for the kit but it saved a ton of headache.
Do those store-bought kits usually include multiple forms? I need to do about 15 1099-MISCs this year, and some packages I've seen only include 5 forms.
The kits vary, but most I've seen include 10-25 forms plus one or two 1096 summary forms. If you need more, you can usually buy additional forms separately. The important part is that once you have the template software, you can print as many forms as you need if you purchase additional blank forms. Look for kits labeled as "1099 & 1096 Kit for Laser and Inkjet Printers" or something similar. Just be sure to check that it's for the current tax year, as the forms do change occasionally.
Just a reminder for everyone that the rules changed in recent years - most independent contractor payments that used to go on 1099-MISC now need to be reported on 1099-NEC instead. Make sure you're using the right form!
This tripped me up last year! To clarify, what exactly is supposed to go on 1099-MISC now vs 1099-NEC? I have both contractors and some royalty payments.
I accidentally filed everything on 1099-MISC last year even though they should have been on NEC, and had to amend all of them. What a nightmare.
8 Quick tip from someone who went through this: make sure you get clarity on what your acquisition cost is considered to be for CGT calculations. Is it when you originally bought together? Or does the divorce create a new acquisition value? This makes a huge difference to the gain calculation. Also don't forget to factor in any improvements you made to the property (extensions, major renovations, etc.) as these can be added to your acquisition cost to reduce the taxable gain. I nearly forgot about the loft conversion we did that added £40k to the base cost!
3 This is such an important point. When I sold post-divorce, my accountant didn't initially factor in the £27k kitchen renovation we'd done, which would have significantly increased my CGT bill. Do things like a new bathroom count as "improvements" or just "maintenance"?
8 Great question about bathrooms. The distinction between "improvements" and "maintenance" is important for CGT. A completely new bathroom would typically count as an improvement and can be added to your base cost. However, just replacing existing fixtures with similar ones is usually considered maintenance and isn't allowable. The rule of thumb is whether you've enhanced the property's value or just maintained its condition. Extensions, loft conversions, new kitchens or bathrooms, adding central heating where none existed before - these count as improvements. Repainting, fixing a leaky roof, or replacing worn carpets are maintenance and can't be added to your base cost.
22 Has anyone dealt with the stamp duty implications when buying a new place after divorce? I'm in a similar situation where I'll get a portion of our house sale but I'm worried I'll have to pay the higher stamp duty rate on my next purchase since technically I'll still be "owning" part of a property until completion day of our family home sale.
19 You should be fine as long as you sell the shared property before or on the same day you complete on the new purchase. If there's going to be a gap where you technically own parts of two properties, then yes, you could be hit with the higher rate. Timing is everything!
Mason Lopez
One thing to consider - the CPA exam itself is BRUTAL. I failed FAR twice before passing. If you didn't major in accounting, you might need to spend extra time on exam prep. I'd recommend starting the study process while you're still completing your educational requirements.
0 coins
Vera Visnjic
ā¢Which review course did you use? I'm trying to decide between Becker, Roger CPA, and Wiley.
0 coins
Jake Sinclair
Just wanted to add that I'm a CPA who came from a biology background! It took me about 2.5 years to complete all the requirements while working full time. The online route is totally doable. I took courses through my state university's online program and a community college. Don't get discouraged when the courses get tough - accounting builds on itself, so the beginning is always the hardest part for career changers. By the time you're in intermediate accounting, you'll have a solid foundation!
0 coins