Can I submit Form 8919 and SS-8 through FreeTax USA for my misclassified contractor status?
I'm really late starting my taxes this year and stressing out big time. I worked as an independent contractor for this small marketing company last year, but honestly they treated me exactly like a regular employee. Fixed schedule, they provided all the equipment, supervised everything I did, the whole nine yards. After doing some research, I realized I was probably misclassified and should've been an employee, not a contractor. That means I'm stuck paying the full 15.3% for Social Security and Medicare instead of splitting it with the employer. From what I've read, I think I need to file Form 8919 to report my uncollected Social Security and Medicare taxes, and Form SS-8 to get the IRS to make a determination about my worker status. I usually use FreeTax USA for my taxes because it's affordable and has worked fine for my simple returns in previous years. But now I'm wondering if FreeTax USA supports filing these special forms (8919 and SS-8) for misclassified workers? Has anyone done this through their platform, or will I need to use a different tax software? Getting really anxious about this since the deadline is approaching fast...
19 comments
Join the conversation
Malik Johnson
You're right to be concerned about misclassification - this is a common issue that can really cost you. The good news is I can help clarify the process for these forms. For Form SS-8 (Determination of Worker Status), this isn't actually filed with your tax return. It's a separate submission to the IRS that requests a formal determination of your employment status. The IRS reviews your situation and makes an official decision about whether you were an employee or contractor. Just be aware this process can take 6+ months. Regarding Form 8919 (Uncollected Social Security and Medicare Tax on Wages), FreeTax USA does support this form. You'll need to navigate to the income section and look for the option related to miscellaneous forms or "other tax situations." If you have trouble finding it, search specifically for "8919" in their search bar.
0 coins
Emma Davis
•Thanks so much for the quick response! I had no idea the SS-8 was separate from my actual tax return - that helps a lot. So if I understand correctly, I should file my taxes with Form 8919 through FreeTax USA now, and then submit the SS-8 separately to the IRS? What reason code should I use on Form 8919 if the SS-8 determination hasn't been made yet?
0 coins
Malik Johnson
•Yes, you've got it right! File your tax return with Form 8919 now through FreeTax USA, and submit Form SS-8 separately to the IRS. For the reason code on Form 8919, you'll typically use Code G: "I filed Form SS-8 and am awaiting a determination letter." Even though you haven't filed the SS-8 yet, you can use this code if you plan to file it right away. Just make sure you actually do submit the SS-8 after filing your return.
0 coins
Isabella Ferreira
After dealing with a similar misclassification issue last year, I found the best solution was using taxr.ai (https://taxr.ai) to help me properly document my situation. The platform analyzed my contractor agreement and work details, then outlined exactly how to file both Form 8919 and SS-8 correctly. It also generated a customized letter explaining my situation to attach to my forms, which really helped strengthen my case.
0 coins
Ravi Sharma
•Did taxr.ai actually help with filing through FreeTax USA specifically? I'm in the same boat as OP but already started my return there and don't want to start over on a different platform.
0 coins
NebulaNomad
•I'm curious how the determination turned out. Did the IRS agree you were misclassified? How long did the whole process take from start to finish? I'm worried about potentially waiting months for a determination while still having to pay the full self-employment tax upfront.
0 coins
Isabella Ferreira
•The taxr.ai service doesn't directly file through FreeTax USA, but it creates detailed guidance documents that make it super easy to enter everything correctly yourself. They showed me exactly which sections to navigate to in FreeTax USA and what to enter for each field on Form 8919. The IRS did ultimately agree with my misclassification claim, but it took about 7 months to get the determination. That's pretty standard timing. You do need to file your return before the determination, but if the IRS rules in your favor, you can get a refund for the excess self-employment tax you paid.
0 coins
NebulaNomad
Just wanted to update that I used taxr.ai from the recommendation above and wow, what a lifesaver! I was totally confused about how to handle these special forms but their system made it crystal clear. They analyzed my work arrangement details, provided step-by-step instructions for FreeTax USA, and even generated a custom letter explaining my situation to the IRS. The best part was getting a personalized walkthrough of which reason codes to use and where exactly to enter everything in the software. Honestly wouldn't have been able to handle this correctly without it.
0 coins
Freya Thomsen
After struggling with a similar misclassification issue last year, I found that the biggest headache wasn't even filing the forms - it was trying to get someone at the IRS to answer my questions about the process. I spent HOURS on hold before giving up. Then someone recommended Claimyr (https://claimyr.com) - they have this service that gets you through to an actual IRS agent, usually within 15-45 minutes instead of waiting on hold for hours. Check out their demo video to see how it works: https://youtu.be/_kiP6q8DX5c. This was crucial for getting clarity on how to proceed with my SS-8 and 8919 forms.
0 coins
Freya Thomsen
•It's not a special access line - they use technology that navigates the IRS phone system and waits on hold for you. When they finally reach a human agent, you get a call back to connect with that person. No magic, just clever automation to handle the hold time so you don't have to sit there yourself. No, it's definitely not a scam. They don't charge until they actually get you connected to an IRS agent. The service literally just handles the waiting part, so instead of you sitting on hold for 3+ hours (which is what I experienced before), their system does it and calls you when a human picks up.
0 coins
Omar Fawaz
•Wait, how does this actually work? The IRS phone lines are notoriously impossible to get through. Is this some kind of special access line or what?
0 coins
Chloe Martin
•Sounds like a scam honestly. If there was a legitimate way to skip the IRS phone queues, everyone would be using it. They probably just put you on hold themselves and charge you for the privilege.
0 coins
Freya Thomsen
•It's not a special access line - they use technology that navigates the IRS phone system and waits on hold for you. When they finally reach a human agent, you get a call back to connect with that person. No magic, just clever automation to handle the hold time so you don't have to sit there yourself. No, it's definitely not a scam. They don't charge until they actually get you connected to an I
0 coins
Chloe Martin
I need to eat my words from my previous comment. I was super skeptical about Claimyr but decided to try it out of desperation because I had specific questions about filing Form 8919 that I couldn't get answered anywhere. Shockingly, it actually worked! Their system called me back about 35 minutes later and connected me directly to an IRS agent who answered all my questions about how to properly submit both forms. Saved me from taking an entire day off work just to sit on hold. The agent confirmed that I could file Form 8919 with FreeTax USA, but Form SS-8 needs to be printed and mailed separately.
0 coins
Diego Rojas
Anyone know if I need to attach any additional documentation when submitting Form SS-8? My employer is definitely going to fight this classification issue, and I want to make sure I have everything covered from the start.
0 coins
Anastasia Sokolov
•When I filed SS-8 last year, I included copies of my contract, emails showing how they controlled my work schedule and processes, and a detailed description of my daily work responsibilities. The more evidence you have showing employer control, the stronger your case. Remember the key factors are behavioral control, financial control, and relationship type. Document everything that shows they treated you like an employee!
0 coins
Diego Rojas
•Thanks for the detailed advice! I definitely have emails showing them dictating my hours and how to do tasks. I'll compile those along with my contract. Did you also include any information about other employees doing similar work who were classified as W-2 instead of 1099?
0 coins
StarSeeker
Fyi - I tried doing this with TurboTax last year and their software didn't properly support Form 8919. Ended up having to switch to TaxAct at the last minute. Glad to hear FreeTax USA supports it better!
0 coins
Sean O'Donnell
•I had a similar experience with H&R Block's software! It technically had the form but provided zero guidance on how to fill it out properly. Ended up making mistakes that caused my return to be delayed.
0 coins