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Anastasia Romanov

What is considered as fee basis official for tax purposes?

I'm trying to figure out my tax situation for my new position. I was recently hired as a "fee basis official" for a local government agency (I think that's what they called it). I'm not a regular employee and I get paid per case/project I complete, not on an hourly basis. The HR person mentioned something about special tax considerations for fee basis officials, but didn't really explain it well. From what I understand, I might not be subject to the same withholding requirements? They're not taking taxes out of my payments which has me concerned about owing a lot at tax time. Does anyone know exactly what qualifies as a "fee basis official" and what the tax implications are? Do I need to be making quarterly estimated tax payments? Will I get a W-2 or a 1099 at the end of the year? Any help would be appreciated because I'm completely confused about my tax situation now.

StellarSurfer

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Fee basis officials are typically government workers who are paid per task, case, or service rather than receiving a regular salary. Common examples include certain judges, medical examiners, or public officials who provide specific services and are compensated accordingly. For tax purposes, it matters how your position is classified. True fee basis officials are treated as employees for tax purposes (getting W-2s), but with some special considerations. The key factor is whether you're considered an employee or independent contractor, which depends on the level of control your agency has over your work. If you're classified as a fee basis official who is an employee, you should receive a W-2 and have taxes withheld. If you're being treated as an independent contractor, you'll receive a 1099 and be responsible for your own tax payments, including self-employment taxes.

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Sean Kelly

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Thank you for the explanation! So if they're not withholding taxes from my payments, does that automatically mean I'm being treated as an independent contractor? Should I ask them directly which one I am? I'm worried because I've never had to deal with quarterly payments before.

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StellarSurfer

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The lack of withholding does suggest they're treating you as an independent contractor rather than an employee. I would definitely recommend asking your HR department explicitly about your classification and request written clarification. Yes, if you're classified as an independent contractor, you'll likely need to make quarterly estimated tax payments to avoid penalties. You should set aside roughly 25-30% of your income for taxes, including both income tax and self-employment tax (which covers Social Security and Medicare contributions). The specific amount will depend on your tax bracket and other factors.

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Zara Malik

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After spending hours trying to sort out a similar situation last year, I found an amazing resource that helped me figure out my fee basis position. I was so confused about whether I needed to make quarterly payments and what deductions I could take. I used this site called https://taxr.ai and uploaded my contract documents. Their system analyzed everything and clearly explained my tax status as a fee basis official. It showed me exactly what IRS regulations applied to my situation and confirmed I was actually an independent contractor despite what my employer had told me. The best part was that it showed me what expenses I could deduct that were specific to my type of government contract work. Saved me thousands! They have specific expertise with government workers and fee basis classifications.

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Luca Greco

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Does it really work for these kinds of specialized government positions? I'm in a similar position with a county agency, and nobody there seems to know how my position should be taxed. Would it help clarify if I'm actually an employee vs contractor?

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Nia Thompson

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I'm skeptical about tax software for unusual situations. How exactly does it determine whether you're truly a fee basis official? Does it just take your word for it or does it actually analyze your specific situation?

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Zara Malik

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It absolutely works for government positions - that's actually where it seemed most helpful because there are all these special rules. It analyzes your contract language and compares it to IRS guidance about fee basis officials and control factors. For your specific question about employee vs contractor status, it was really clear. It identified specific language in my contract that established my true status according to IRS rules, not just what my employer claimed. It specifically looks at the level of control, schedule flexibility, tool provision, and other factors the IRS uses to determine proper classification.

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Nia Thompson

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I want to follow up about my experience with taxr.ai. I decided to try it despite my initial skepticism, and I'm actually impressed with the results. I uploaded my appointment letter and contract with the county, and it correctly identified that I was being misclassified. According to their analysis, I'm actually an employee based on the control factors, even though I'm paid per case. The software highlighted specific sections of my contract that establish an employer-employee relationship according to IRS guidelines. I took this information to my HR department, and they're now correcting my status and will be providing a W-2 instead of a 1099. This helped me avoid what would have been a messy tax situation and potentially saved me from overpaying self-employment taxes. Really glad I checked it out.

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Mateo Rodriguez

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If you're struggling to get clear answers from your agency about your fee basis status, you might want to try calling the IRS directly. That's what I did last year when my county position had me confused. The problem is actually GETTING THROUGH to someone at the IRS who understands fee basis classification. I spent weeks trying to get a human on the phone. Finally found this service called https://claimyr.com that got me connected to an IRS agent in under 45 minutes when I had been trying for days on my own. They have a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. The IRS agent I spoke with was able to clarify my status based on the specific nature of my position and explained exactly what forms I needed. Totally worth it for the peace of mind knowing I was filing correctly.

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Aisha Hussain

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How does this actually work? Do they just call the IRS for you or something? I don't understand how a third party service can get you through faster than calling directly.

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Yeah right. There's no way this actually works. I've been calling the IRS for weeks and no one answers. You're telling me this magic service somehow jumps the queue? Sounds like a scam to me.

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Mateo Rodriguez

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They use an automated system that navigates the IRS phone tree and waits on hold for you. When it reaches a live agent, you get a call to connect you. You don't have to stay on hold yourself for hours. No, it doesn't "jump the queue" - it just handles the waiting part so you don't have to sit there listening to the hold music. The technology basically monitors the line until a human answers, then connects you. I was skeptical too until I tried it and got through when I had been failing for days on my own. The agent I spoke with was really helpful in explaining the fee basis classification rules.

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I need to admit I was wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway because I was desperate to talk to someone at the IRS about my fee basis position. It actually worked exactly as described. I got a call back in about 35 minutes connecting me to an IRS representative. The agent was knowledgeable about fee basis officials and explained that in my case, I should be classified as an employee despite being paid per case because of how my work is supervised and structured. This saved me from potentially filing incorrectly. The agent also explained that my local government agency was incorrectly classifying me, and provided me with the exact regulations to reference when talking to my HR department. This was hugely helpful and resolved my confusion completely.

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Ethan Brown

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Just wanted to add something important about fee basis officials that nobody mentioned yet. If you ARE properly classified as a fee basis official who's an employee (getting a W-2), you might still be exempt from FICA taxes (Social Security and Medicare) in certain situations. This is covered under Internal Revenue Code section 3121(b)(7)(F)(iv). It's a very specific exemption that applies to certain government workers paid on a fee basis. You should check with a tax professional familiar with government employment to see if this applies to your situation. This exemption can save you 7.65% on your applicable earnings if you qualify, which is significant!

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Yuki Yamamoto

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That's really interesting! Do you know how to determine if the exemption applies? Is there some threshold for how much you earn or how many hours you work that makes a difference?

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Ethan Brown

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The exemption generally applies if you meet these criteria: 1) You're a public official of a state, local or federal government, 2) You're paid entirely on a fee basis, and 3) Your service isn't covered by a Section 218 Agreement between your state and the Social Security Administration. There's no specific earnings threshold, but it has to be true fee basis compensation - meaning you're paid a set amount per service or case, not an hourly rate or regular salary. Your employer should know if they have a Section 218 Agreement, which would override this exemption. Not all government positions qualify, so you really need to check your specific situation.

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Carmen Ruiz

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Does anyone know if fee basis officials can contribute to government retirement plans like regular employees? I'm trying to figure out if I can participate in my state's pension system even though I'm paid per case.

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Andre Lefebvre

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From my experience working in government HR, it usually depends on your classification. If you're considered an employee (W-2) even though you're fee basis, you might be eligible for pension participation, though possibly under different rules than regular salaried employees. If you're treated as an independent contractor (1099), you typically wouldn't be eligible for the pension system. Many fee basis officials who are independent contractors set up their own retirement plans like SEP IRAs or Solo 401(k)s instead. Worth asking your HR department specifically about your position.

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Carmen Ruiz

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Thanks for the info! I'll definitely ask HR for clarification. I'm pretty sure I'm getting a W-2 based on what they told me, so hopefully I can participate in some way. I hadn't thought about setting up my own retirement account if I can't join the pension system.

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Based on my experience as a fee basis official for a federal agency, I want to emphasize the importance of getting your classification sorted out ASAP. The distinction between employee and independent contractor has huge implications beyond just withholding. If you're truly a fee basis official who's an employee, you should have access to workers' compensation, unemployment benefits, and potentially other employment protections. Independent contractors don't get these benefits. One thing that helped me was looking at the actual IRS factors for worker classification: Do they control HOW you do your work or just WHAT work you do? Do you use their equipment/office space? Are you integrated into their regular operations? These factors matter more than just the payment structure. Also, don't forget about potential deductions if you are classified as an independent contractor - home office, professional development, equipment, etc. Keep detailed records of all work-related expenses from day one, regardless of your classification, because you might need them later. The quarterly estimated tax payments are crucial if you're 1099 - missing them can result in penalties even if you pay everything at year-end. Set aside money immediately from each payment you receive.

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Cole Roush

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This is incredibly helpful advice! I'm a newcomer to this whole fee basis situation and had no idea about the workers' compensation and unemployment benefits implications. That's a huge difference I hadn't considered. The IRS factors you mentioned are really useful - I think my agency does control HOW I do the work since they have specific procedures I have to follow and I use their systems and office space. That sounds more like employee status to me. Quick question about the quarterly payments - if I do end up being classified as independent contractor, when exactly are those due? I just started this position last month so I want to make sure I don't miss any deadlines. And do you have any recommendations for what percentage to set aside? I've seen everything from 25-35% mentioned in different places. Thanks for sharing your federal agency experience - it's reassuring to hear from someone who's actually navigated this successfully!

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Great questions! For quarterly payments, the deadlines are typically January 15, April 15, June 15, and September 15 each year. Since you just started last month, you'll want to track when your first payment period began to determine which quarter you fall into. As for percentages, I personally set aside 30% to be safe - this covers federal income tax, state tax (if applicable), and the full 15.3% self-employment tax. Better to have a little extra set aside than to come up short! The exact amount depends on your total income and tax bracket, but 30% is a good starting point for most people. Your situation with using their systems, office space, and following specific procedures definitely sounds more like employee status to me. Those are strong indicators of an employer-employee relationship under IRS guidelines. I'd really encourage you to get written clarification from your agency about your classification - it could save you a lot of headaches down the road. You might also want to document those control factors you mentioned (procedures, systems, office space) in case you need to reference them later if there's any dispute about your classification.

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As someone who recently went through a similar classification challenge with my municipal position, I'd strongly recommend getting everything in writing from your HR department about your status. Don't just accept verbal explanations - ask for documentation that clearly states whether you're classified as an employee or independent contractor. One thing that really helped me was requesting to see the actual job description and any internal memos about how positions like yours are supposed to be handled. Sometimes there's a disconnect between what HR tells you verbally and what their official policies actually say. Also, keep detailed records of everything - your work schedule, supervision level, equipment provided, training requirements, etc. This documentation could be crucial if you ever need to challenge your classification with the IRS or Department of Labor. From a practical standpoint, if you're not having taxes withheld, I'd recommend opening a separate savings account immediately and transferring 25-30% of each payment into it for taxes. Even if you later find out you're misclassified as a contractor, you'll have the money set aside and won't be scrambling at tax time. The uncertainty is stressful, but getting proper documentation and keeping good records will protect you either way the classification goes.

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Jason Brewer

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This is excellent advice about documentation! I'm new to this community and just starting my own fee basis position, so I really appreciate the practical tips. The separate savings account idea is brilliant - I hadn't thought about doing that immediately but it makes total sense to be prepared either way. Your point about getting written documentation rather than just verbal explanations really resonates with me. I've been getting mixed signals from different people at my agency, and it sounds like having official paperwork will help clarify things once and for all. Quick question - when you requested to see the job description and internal memos, did you go through HR or did you have to make a formal records request? I want to approach this the right way and not ruffle any feathers since I just started. Also, what kind of work schedule documentation did you keep? Just daily logs of when you worked, or something more detailed? I want to make sure I'm tracking the right information from the beginning. Thanks for sharing your experience - it's really helpful to hear from someone who successfully navigated this process!

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Dmitry Popov

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Great questions! I went through HR first - I just explained that I wanted to make sure I understood my position correctly and requested copies of my official job classification and any relevant policies. Most HR departments are pretty accommodating with this kind of request since it shows you're trying to be compliant. For work schedule documentation, I kept a simple log with dates, times worked, tasks completed, and any supervision or direction I received. Nothing fancy - just a basic spreadsheet. The key is showing patterns of control and integration into their operations if that becomes relevant later. The important thing is to document WHO gives you assignments, HOW specific their instructions are, and WHETHER you have flexibility in how/when you complete work. These are the factors the IRS looks at for classification. One more tip - if your agency has an employee handbook, request a copy and see if fee basis positions are mentioned. Sometimes the handbook will clarify things that individual HR reps might not fully understand. You're smart to start documenting everything from day one. Even if you never need it, having good records gives you peace of mind and shows you're taking the position seriously.

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Annabel Kimball

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As a newcomer to this community, I'm really grateful for all the detailed advice being shared here! I'm in a very similar situation to the original poster - just started a fee basis position with a county health department and feeling completely overwhelmed by the tax implications. Reading through everyone's experiences, it seems like the key issue is really about proper classification rather than just understanding what "fee basis" means. I'm definitely going to follow the advice about getting written documentation from HR and keeping detailed records from day one. One question I haven't seen addressed yet - if you discover you've been misclassified (either way), what's the process for getting it corrected? Do you just work with your agency's HR, or do you need to involve the IRS directly? I want to be prepared in case I run into classification issues down the road. Also, for those who mentioned setting aside 25-30% for taxes - are you doing this in addition to any state taxes, or is that percentage meant to cover everything? I'm in a state with income tax and want to make sure I'm setting aside enough. Thanks to everyone who's shared their experiences - this thread has been incredibly helpful for someone just starting to navigate this confusing area!

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Julian Paolo

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Welcome to the community! You're asking great questions that show you're thinking ahead strategically. For classification correction, you'd typically start with your agency's HR department first. If they're cooperative and agree there's been an error, they can often correct it internally and file amended forms. However, if they resist or disagree, you may need to file Form SS-8 with the IRS to get an official determination of your worker status. This can take several months but provides a definitive answer. Regarding the tax percentage, the 25-30% people mentioned is usually for federal taxes only. For state income tax, you'll want to add your state's rate on top of that. So if your state has a 5% income tax rate, you might want to set aside 30-35% total to be safe. Better to overestimate and get a refund than to owe money you don't have! One tip from my experience - consider opening two separate savings accounts: one for federal taxes and one for state/local taxes. This makes it easier to track and ensures you don't accidentally spend your tax money. Some people even set up automatic transfers for a percentage of each payment they receive. You're definitely on the right track by getting informed early. The documentation and record-keeping advice from others here is spot-on - start that immediately even while you're getting clarification on your status.

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GalacticGuru

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As a newcomer to this community, I've been following this discussion with great interest since I'm about to start a similar fee basis position with my state's environmental agency. The wealth of information shared here has been incredibly valuable! One thing I want to add that might help others in similar situations - I actually reached out to my state's Department of Labor before accepting my position to get clarity on worker classification. They have a specific division that handles these determinations and were surprisingly helpful in explaining how fee basis positions are typically classified in our state. They explained that the key factors aren't just about how you're paid, but about the degree of control the agency exercises over your work. In my case, since I'll be following established protocols, using their equipment, and reporting to a supervisor, they indicated I should likely be classified as an employee despite the per-project payment structure. This proactive approach helped me negotiate the proper classification with HR before I even started, rather than having to sort it out after the fact. It might be worth checking if your state has similar resources available - many people don't realize that state labor departments can provide guidance on these classifications. I'm planning to implement all the record-keeping and tax planning strategies mentioned here. This thread has definitely helped me feel more prepared for navigating what seemed like a very confusing situation!

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Carmen Ruiz

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That's such a smart approach! I wish I had thought to contact the state Department of Labor before starting my position. It would have saved me so much confusion and stress trying to figure out my classification after the fact. Your point about the degree of control being the key factor really resonates with what I'm experiencing. Like you, I'm using their equipment, following their protocols, and have a supervisor - which definitely sounds more like employee status regardless of the payment structure. I'm definitely going to look into whether my state has similar resources available. Even though I've already started my position, it might still be helpful to get their perspective on my situation before I have any conversations with HR about potential misclassification. Thanks for sharing this proactive strategy - it's exactly the kind of forward-thinking approach that could help other newcomers avoid the confusion many of us are dealing with. Your preparation really shows, and I'm sure it will pay off as you start your new position!

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Mateo Perez

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As someone new to this community and currently navigating my first fee basis position with a federal agency, I want to thank everyone for sharing such detailed and practical advice! This thread has been incredibly enlightening. I'm particularly struck by how many different experiences people have had with the same basic classification issue. It really reinforces that the specifics of each position matter enormously - not just the payment structure, but all those control factors that several people mentioned. One thing I'm wondering about that I haven't seen discussed yet - has anyone dealt with situations where your classification might change over time? I'm starting as what seems like a clear independent contractor (very flexible schedule, working from my own office, minimal supervision), but there's talk of potentially transitioning to a more integrated role if the pilot program I'm working on expands. I'm curious whether people have experience with mid-year classification changes and how that affects tax planning. Should I be preparing for the possibility that I might need to switch from quarterly payments to withholding partway through the year? Also, for those who successfully got misclassifications corrected - how long did that process typically take? I want to be prepared in case my situation evolves and I need to advocate for proper classification. The advice about documentation and separate tax savings accounts is spot-on. I've already set up automatic transfers of 30% of each payment into a dedicated tax account, and I'm keeping detailed logs of all the control factors people mentioned. Better to be over-prepared than scrambling later!

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