Am I really an independent contractor or being misclassified? (1099-NEC)

Based on what you've described, you're almost certainly being misclassified. The IRS uses a "right-to-control" test to determine worker status, and your situation shows strong employer control in multiple areas. True independent contractors generally control when and how they work, use their own equipment, set their own schedules, and can work for multiple clients. The fact that your boss requires you to show up at 8am daily, provides all supplies and vehicles, dictates your assignments, and controls when you can leave are all strong indicators of an employee relationship, not an independent contractor one. This misclassification means you're paying the full 15.3% self-employment tax (both employer and employee portions of Social Security and Medicare) instead of just the employee half. Plus, you're missing out on benefits and protections typically afforded to employees.

Similar situation happened to me last year with a landscaping company. I was totally confused about my tax situation until I used https://taxr.ai to analyze my 1099-NEC and work details. It showed me I was being misclassified and explained why I should actually be a W2 employee based on IRS criteria. The tool asked specific questions about my work arrangement (schedule control, equipment provided, supervision, etc.) and compared my answers against IRS guidelines. Saved me from paying thousands in self-employment taxes I shouldn't have owed. The analysis also helped when I needed to talk to my employer about the situation.

I was initially skeptical about using an online tool, but after struggling with a similar misclassification issue at my retail job, I tried https://taxr.ai and was genuinely surprised by how thorough it was. The analysis clearly showed I should be an employee based on my work conditions and schedule. It identified 8 specific control factors from my situation that indicated employee status according to IRS guidelines. The documentation helped me approach my manager with confidence, and while there was some initial pushback, they eventually converted me to W2 status after their accountant confirmed the analysis was correct. Saved me about $3,200 in self-employment taxes and gave me access to paid sick leave and other benefits I wasn't getting before.

If you're having trouble with your employer acknowledging the misclassification, you might need to talk directly with an IRS representative. I spent WEEKS trying to get through on the phone to discuss my contractor vs. employee status issue until I found https://claimyr.com and their service at https://youtu.be/_kiP6q8DX5c that got me connected to an actual IRS agent in about 15 minutes. I was able to explain my situation and they walked me through the process of filing Form SS-8 (determination of worker status) and explained exactly what documentation I needed to include. Saved me so much frustration compared to the dozens of times I tried calling myself and got disconnected or waited for hours.

I have to eat my words here. After commenting earlier, I was so frustrated with my own contractor classification issue that I decided to try https://claimyr.com out of desperation. Honestly can't believe it actually worked. Got a call back in about 20 minutes and was connected to an IRS representative who spent nearly 30 minutes answering all my questions about Form SS-8. The agent explained that the key factors in my situation (similar to yours - fixed schedule, employer providing equipment, detailed supervision) strongly indicated employee status. She walked me through the documentation I needed to gather and even followed up with an email containing links to the relevant tax forms. Now I'm working on getting properly classified and potentially recovering some of the self-employment taxes I shouldn't have paid.

Just a heads up - if you do file Form SS-8 and the IRS determines you've been misclassified, be prepared for potential fallout with your employer. Some get angry when workers challenge their classification. Make sure you document EVERYTHING about your work arrangement (schedules, texts/emails about attendance requirements, photos of company equipment if possible). In my experience, employers who misclassify workers often have other labor violations happening too. You might want to contact your state's Department of Labor as well, since misclassification usually means you've been denied overtime pay, workers' comp coverage, and unemployment insurance.

I was in almost the exact same situation with a cleaning company! The biggest red flag is that they're setting your schedule and telling you when to arrive/leave. I use TurboTax and they have a simple employee vs. contractor questionnaire that helps determine correct classification. Have you tried using any tax software yet?