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Signed contract that I would be responsible for my own taxes

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  • Signed contract that I would be responsible for my own taxes

    My former employer had me sign a paper stating that I would be responsible for paying my own taxes. I didn't have a problem with it until I recently found out the differences between an employee and an independent contractor. I was a bartender at her establishment (just one of many points) which I doubt qualifies me as an IC. I think she was just trying to avoid payroll taxes. Is this paper I ignorantly signed legally binding even if I am deemed an employee? Also, through my research I found form SS-8. Its a determination of worker status and I have no doubt that the IRS would rule that I am an employee but I was advised against this form from H&R Block. Is that right??

  • #2
    Originally posted by kailanilin View Post
    My former employer had me sign a paper stating that I would be responsible for paying my own taxes. I didn't have a problem with it until I recently found out the differences between an employee and an independent contractor. I was a bartender at her establishment (just one of many points) which I doubt qualifies me as an IC. I think she was just trying to avoid payroll taxes. Is this paper I ignorantly signed legally binding even if I am deemed an employee? Also, through my research I found form SS-8. Its a determination of worker status and I have no doubt that the IRS would rule that I am an employee but I was advised against this form from H&R Block. Is that right??
    What reasons did H&R Block give you for advising you against filing form SS8?

    You very much appear to be an employee, and it would certainly benefit you taxwise.

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    • #3
      What is the name of your state - to have it in your thread & also in case it is needed by any responders. Thanks.

      Please also answer the question asked above by LdiJ.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        I'm in Guam, a U.S. Territory. I've heard that we follow California tax laws but I really don't know. The reason from H&R Block wasn't too clear to me. It was advice from a "friend's friend". I was told that all I would need was a form 8919. But, I would think that the 1st step would be to establish my status as an employee with the IRS, then turn in the 8919. Would that paper I signed be legally binding if I am found to be an employee? Thanks so much!!

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        • #5
          No, you follow federal law, unless there is a territorial law that gives you a greater benefit.

          If you are found to be misclassified as an independent contractor, which you almost certainly will be, the "paper" you signed won't mean squat, since it includes, by definition, a violation of IRS and U.S. Dept. of Labor regulations.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Thank you so much!!!

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            • #7
              Originally posted by kailanilin View Post
              I'm in Guam, a U.S. Territory. I've heard that we follow California tax laws but I really don't know. The reason from H&R Block wasn't too clear to me. It was advice from a "friend's friend". I was told that all I would need was a form 8919. But, I would think that the 1st step would be to establish my status as an employee with the IRS, then turn in the 8919. Would that paper I signed be legally binding if I am found to be an employee? Thanks so much!!
              You need to do both (SS-8 and 8919). You do them simultaneously. You file for SS-8 separately, asking the IRS to determine your status. You file form 8919 with your tax return, to report the income.

              You will still have to pay regular income tax and the employee half of the social security and medicare taxes, but you will not be responsible for the employer half of the social security taxes unless the result of the SS-8 determination is that you are not an employee.

              Comment

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