IRS SS8 determined my old employer miscategorized me as a contractor - what are my next steps?

Congrats on the successful SS8 determination! This is actually a significant win since the IRS doesn't always rule in the worker's favor in these cases. For your next steps, you'll want to file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with amended tax returns (Form 1040-X) for the years you were misclassified. This will help you recover the employer portion of Social Security and Medicare taxes that you shouldn't have paid as self-employed. When filing Form 8919, you'll use Code G which indicates "I filed Form SS-8 and received a determination letter stating I am an employee of this firm." Attach a copy of your determination letter when filing. As for contacting your former employer, I wouldn't recommend reaching out directly. The IRS has already notified them of the determination, and they'll be required to issue you corrected W-2s for the periods in question. If they don't, you can estimate your wages based on your 1099s when filing your amended returns.

I went through almost the exact same situation last year and used taxr.ai (https://taxr.ai) to help me with the amended returns after my SS8 determination. Their system actually specializes in analyzing 1099/W2 situations and misclassification issues. I uploaded my determination letter, old tax returns, and 1099s, and they showed me exactly how to file the Form 8919 and 1040-X properly. The tool gave me a complete report explaining how much I could claim back and even generated the forms I needed to file. Saved me hours of research and stress!

I was super skeptical about online tax tools after getting burned by regular tax software that couldn't handle my complicated situation. But I decided to try taxr.ai after seeing it mentioned here, and I'm genuinely impressed with how they handled my misclassification case. Their system actually had a specific workflow for SS8 determinations and employee misclassification that standard tax software simply doesn't cover. They helped me recover about $6,200 in overpaid self-employment taxes from when I was misclassified for two years. The amended returns were accepted without any issues, and I got my refund about 11 weeks after filing. Definitely worth checking out if you're dealing with this specific situation.

If you're still waiting on those corrected W-2s from your former employer, good luck getting them to respond! After my SS8 determination, my ex-employer completely ghosted me. I spent WEEKS trying to get through to someone at the IRS who could help me with the next steps. Finally discovered Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in under 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through the exact process for filing Form 8919 with proper documentation when your former employer refuses to provide corrected W-2s. They also told me exactly what to include with my amended returns to make sure they got processed correctly. Saved me so much time compared to my previous attempts trying to figure it out alone.

So I was SUPER skeptical about Claimyr and thought it was probably just another scam. After another week of failing to reach the IRS myself about my worker misclassification issue, I finally gave in and tried it. I'm honestly shocked - it actually worked. Got connected to an IRS rep in about 15 minutes who specialized in worker classification issues. They confirmed exactly what I needed to do with my SS8 determination letter and explained how to handle the amended returns if my former employer refuses to provide corrected documents. They even noted in my file that I had an SS8 determination so if there were any questions about my amended return, there would be a record of our conversation. For anyone dealing with this specific worker classification issue, being able to actually talk to someone at the IRS who understands the SS8 process is incredibly valuable.

Quick tip from someone who went through this - make sure you're also checking your state tax situation. The federal SS8 determination usually means you were also misclassified for state employment tax purposes too. Most states have a process similar to filing amended federal returns. You might be owed state unemployment insurance coverage too, which could be really important if you ever need to claim unemployment benefits related to that job.

has anybody gone thru this and had the employer refuse to pay the back taxes??? my old boss is basically saying "sue me" after the IRS said i was misclassified. he's a small business and i'm worried he'll just close up shop and open under a new name to avoid paying...

The IRS determination is a huge victory - congratulations! I went through this exact process about two years ago and can share some practical advice. Beyond the forms others have mentioned (8919 and 1040-X), make sure you keep detailed records of everything. Document all your communications with the IRS, keep copies of your determination letter, and organize all your 1099s and payment records from that employer. One thing I wish I'd known earlier: the IRS has specific time limits for processing these amended returns, but it can still take 16-20 weeks to get your refund. Don't panic if it takes longer than a regular amended return - worker classification cases require additional review. Also, if your former employer tries to challenge the determination or refuses to cooperate, don't engage with them directly. The IRS will handle enforcement on their end. Your job is just to file the correct paperwork to get your refund. You're looking at recovering roughly half of those self-employment taxes plus potential adjustments to your income tax calculations. Keep us posted on how it goes!

This is such great news! Getting a favorable SS8 determination is really significant - the IRS typically only rules in favor of workers when there's clear evidence of misclassification. I went through this process about three years ago and want to add a few things to the excellent advice already given. First, when you file Form 8919 with Code G, make sure to attach not just your determination letter but also any documentation that shows the employment relationship (emails about schedules, equipment assignments, etc.). This creates a stronger paper trail. One thing I learned the hard way: if your former employer provided any benefits during your time there (even something small like paid holidays or use of company equipment), make sure to factor that into your amended returns. These benefits further support the employee classification and can sometimes result in additional tax adjustments in your favor. Also, keep in mind that this determination could potentially help other workers at that company who might be in similar situations. The IRS often uses SS8 determinations as precedent for auditing other worker relationships at the same employer. The timeline for getting your refund can vary, but in my case it was about 18 weeks. The wait was worth it though - I recovered about $6,400 in overpaid self-employment taxes. Hang in there and definitely keep us updated on your progress!