Filed an SS8 form for misclassification before tax return submission - how long for SS8 determination? Should I file 1040X now?

This is unfortunately a common issue, especially with smaller companies trying to save on payroll taxes. You did the right thing by filing Form SS8 to request a determination and including Form 8919 with your original return. For your questions: SS8 determinations typically take 6-8 months, sometimes longer if there's a backlog or complexity. The IRS is very thorough with these reviews as they need to examine all aspects of your working relationship. You don't need to file a 1040X amendment right now. Since you already included Form 8919 with your original return, you've essentially told the IRS that you believe you were misclassified. If the SS8 determination comes back in your favor, the IRS will notify both you and the employer. The employer will then be responsible for the employer portion of FICA taxes that they should have paid. If the determination is not in your favor (which seems unlikely based on what you've described), then you might need to amend. But there's no need to file a 1040X preemptively.

Just wanted to share my experience with a similar situation! I was in the same boat last year - hired as an "employee" but paid as a contractor for a web design gig. I was losing so much money to self-employment taxes that I knew something wasn't right. I found this service called taxr.ai (https://taxr.ai) that helped me figure out the worker classification issue. I uploaded my offer letter, communications, and payment info, and their AI analyzed everything and gave me a detailed report showing I was clearly misclassified according to IRS guidelines. It even helped me fill out the SS8 properly with all the right supporting documentation. The best part was I didn't have to figure out all the IRS rules on my own - the tool explained exactly why I qualified as an employee under the behavioral control, financial control, and relationship tests that the IRS uses. Made me much more confident when sending in my SS8!

Update on my situation - I ended up using taxr.ai after seeing the recommendation here. Their system really helped me organize my case with concrete evidence. My scenario was a bit complicated (some work from home, some onsite) but the tool identified all the key factors that showed I was being controlled like an employee. I got my determination back from the IRS last week - only took 5 months! They ruled in my favor that I was indeed misclassified. The company now has to pay their share of the employment taxes. What a relief not having to pay that extra 7.65% myself! Definitely worth it for the peace of mind and proper documentation. The IRS seemed to process things pretty smoothly once they had all the right info organized properly.

Update on my situation - I ended up using taxr.ai after seeing the recommendation here. Their system really helped me organize my case with concrete evidence. My scenario was a bit complicated (some work from home, some onsite) but the tool identified all the key factors that showed I was being controlled like an employee. I got my determination back from

If you're waiting on an SS8 determination, you might be in for a long wait. When I was dealing with this exact same problem, I kept calling the IRS to check on my status and literally could not get through to a human being for WEEKS. I finally found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in less than 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent was able to check on my SS8 status and told me they were backed up but mine was in the queue. They also gave me specific advice about my situation that I couldn't find anywhere online. Seriously saved me so much time and frustration compared to the automated phone tree hell I was stuck in before. The IRS agent even told me exactly what to expect next and when I should follow up if I don't hear anything.

Ok so I need to apologize to @profile14... I was totally wrong about Claimyr. After posting that skeptical comment, I was so frustrated with my own situation that I decided to try it anyway. I had an SS8 pending for almost 7 months with zero updates. Used Claimyr yesterday and got connected to an IRS rep in about 15 minutes. The agent was actually super helpful - checked my case status, explained it was assigned to a specific department, and gave me an updated timeline. They even noted on my file that I had called for status so it might get prioritized. Most importantly, the agent confirmed I was right not to file a 1040X until after the determination. Apparently if you file a 1040X preemptively and then the SS8 determination is different than what you expected, it creates a major headache for everyone. Just wanted to report back that it actually worked. Sorry for being a jerk about it.

When I filed my SS8 in 2023, it took just over 7 months to get a determination. I think COVID backlogs were still affecting things then. One thing to remember - the employer will be notified about your SS8 filing and will be asked to provide their side of the story. This sometimes creates awkward situations if you're still working with them or need them as a reference. Just something to be aware of. In my case, the company actually fired me when they received the IRS notice, which I'm pretty sure is illegal retaliation, but I didn't pursue it.

Has anyone actually gotten their employers to pay them back for the additional self-employment taxes they paid before filing the SS8? I've heard mixed things about whether you can recover that money directly from the employer versus just having the IRS collect their share going forward.

I went through a very similar situation last year and can share some practical tips based on my experience. Your approach of filing Form 8919 with your original return was absolutely correct - it shows you only paid the employee portion of FICA taxes rather than the full self-employment tax burden. A few things that helped me during the waiting period: 1. Keep detailed records of all your communications, work arrangements, and evidence of employee vs contractor status. The IRS may request additional documentation during their review. 2. Don't stress too much about the timeline - 6-8 months is normal, and some cases take longer. The IRS is thorough because these determinations set precedent for how similar situations are handled. 3. You're right not to file a 1040X preemptively. Since you already included Form 8919, you've essentially told the IRS you believe you were misclassified. Let them complete their determination first. 4. When the determination comes back (assuming it's in your favor), the IRS will handle collecting the employer's share of FICA taxes directly. You won't need to chase your former employer for payment. The whole process is frustrating but the IRS takes worker misclassification seriously. Based on what you've described (scheduled hours, company equipment, employee offer letter), you have a strong case. Hang in there!

I went through almost the exact same situation about 18 months ago! Marketing agency, employee offer letter, then suddenly they wanted me to be a contractor when payment time came. It's so frustrating when companies try to pull this bait-and-switch. You absolutely did the right thing filing the SS8 and including Form 8919 with your original return. Based on what you've described - scheduled hours, company equipment, employee offer letter - you have a textbook case of misclassification. The IRS uses a three-factor test (behavioral control, financial control, and relationship type) and it sounds like you clearly meet the employee criteria on all fronts. My SS8 took about 7 months to process, and the determination came back strongly in my favor. The IRS was very thorough - they contacted both me and the employer for additional information, reviewed all the documentation, and issued a detailed letter explaining their reasoning. One tip: if you haven't already, make sure you have copies of everything - your offer letter, any emails about work schedules or expectations, evidence of company equipment usage, etc. The IRS may request additional documentation during their review process. Don't file a 1040X yet - you've already told the IRS your position with Form 8919, so just let the process run its course. The wait is nerve-wracking but worth it in the end!