Why is this company asking for a W-9 form for a delivery driver job?

So my partner just landed a job driving for a local craft brewery. The hiring manager made it sound like a regular employee position - they told him it could potentially become full-time with benefits, he has to follow their set schedule (no flexibility to choose his own hours), and they're providing the delivery vehicle and covering all gas expenses. Everything about this screams "employee" to me, not independent contractor. But when they sent over the paperwork, they gave him a W-9 tax form to fill out instead of the standard W-4 I was expecting. Isn't a W-9 specifically for independent contractors? This doesn't seem right based on the job description they gave him. Is the brewery trying to misclassify him to avoid paying employment taxes or something? Should he push back on this?

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18 comments

Ethan Clark

•8M

This is definitely something to question. The IRS has specific criteria for determining whether someone is an employee or an independent contractor, and it's not just about what the employer wants - it's about the actual working relationship. Based on what you've described, your partner appears to be an employee rather than an independent contractor. The key factors pointing to employee status are: 1) The company controls when and how he works (can't make his own schedule), 2) The company provides the equipment (the vehicle), and 3) The company pays for operating expenses (gas). The W-9 form is indeed for independent contractors, while employees should receive a W-4 for tax withholding. Companies sometimes misclassify workers as independent contractors to avoid paying employer-side taxes, providing benefits, and following labor laws. This is actually quite common but often illegal. Your partner should politely ask about this discrepancy. He could say something like, "I noticed you provided a W-9 form, but based on the job description, I believe I should be classified as an employee with a W-4 form instead.

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Ethan Clark

•8M

If he fills out the W-9 and works as an independent contractor, he'll be responsible for paying both the employee and employer portions of Social Security and Medicare taxes (self-employment tax), which is about 15.3% of his income. As an employee, he would only pay half that amount, with the employer paying the other half. He'll also need to make quarterly estimated tax payments throughout the year since taxes won't be withheld from his paychecks. Additionally, he won't be eligible for unemployment benefits, workers' compensation, or any employer-provided benefits like health insurance or retirement plans that might eventually be offered.

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Yuki Sato

•8M

I was in a similar situation last year working for a wine distributor. They tried to classify me as an independent contractor even though I was clearly an employee. I found this tool at https://taxr.ai that analyzed my situation and gave me a detailed report explaining exactly why I should be classified as an employee. It pulled up all the relevant IRS guidelines and even helped me draft a professional email to HR explaining the misclassification. The company actually thanked me for bringing it to their attention - apparently their payroll person was new and didn't understand the difference between W-4 and W-9 forms. They immediately switched me to proper employee status with a W-4. Might be worth checking out if your boyfriend wants to address this properly.

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Yuki Sato

•8M

The tool works regardless of when you start the job - you can use it before, during, or even after employment if you need to request correction of your status. It's actually designed to help people who realized they were misclassified at tax time too. Regarding accuracy, that's why I recommended it - it's surprisingly comprehensive. It covers both federal IRS guidelines and state-specific regulations. You input your location and job details, and it applies the relevant laws for your situation. Their analysis cites specific legal precedents and IRS rulings, which gave me the confidence to approach my employer.

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Carmen Ruiz

•8M

Just wanted to update that I tried the taxr.ai tool that was mentioned above after my sister's salon misclassification disaster. It was super helpful! The report confirmed she was definitely an employee under both federal and state laws. She showed it to her boss who initially pushed back, but when she pointed out the specific legal references in the report about salon worker classification, he actually worked with their accountant to fix everything. They're now withholding proper taxes and she'll be eligible for unemployment if needed. Saved her thousands in self-employment taxes too!

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Zoe Alexopoulos

•8M

If the brewery doesn't respond well to your boyfriend pointing out the misclassification, he might need to contact the IRS directly. I tried calling them about a similar issue last year and it was IMPOSSIBLE to get through - spent hours on hold only to get disconnected. I finally used this service called Claimyr (https://claimyr.com) that somehow got me a callback from the IRS within 45 minutes when I had been trying for weeks. They have a demo video that shows how it works: https://youtu.be/_kiP6q8DX5c. The IRS agent I spoke with was super helpful and explained exactly how to file the SS-8 form to determine proper worker classification. Made the whole process way less stressful.

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Zoe Alexopoulos

•8M

It doesn't just keep calling them - it uses a system that navigates the IRS phone tree and secures a spot in the callback queue for you. It's basically the same as if you called and waited on hold yourself, except they do the waiting part for you and then transfer the call once an agent is available. No, it's definitely not a scam. The service doesn't access any of your personal tax information - they just get you the callback from the IRS, and then you speak directly with the IRS agent about your specific situation. I was skeptical too until I watched their demo video and saw how it worked. After weeks of failed attempts on my own, getting through in under an hour was pretty incredible.

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Andre Lefebvre

•8M

I need to apologize to Profile 12 and admit I was wrong about Claimyr. After posting my skeptical comment, I was still desperate to reach the IRS about a garnishment issue, so I tried it anyway. Seriously shocked when I got a call from an actual IRS agent about 30 minutes later! The agent helped me set up a payment plan and removed the garnishment. Would have taken me at least another month of trying on my own based on my previous attempts. Sometimes it's worth admitting when you're wrong - this service actually delivered exactly what it promised.

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Mei Wong

•8M

Not necessarily. There are several free options before considering a lawyer. He can file Form SS-8 with the IRS to request a determination of worker status, which costs nothing. He can also contact his state's labor department, which typically offers free assistance with worker classification issues. If he's misclassified and files the SS-8, the company may receive a notice from the IRS about proper classification. Many companies will correct the issue at that point to avoid penalties. Legal help is usually a last resort after exhausting these administrative remedies.

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