Form 8919 Uncollected Social Security and Medicare Tax on Wages

Form

8919

Department of the Treasury
Internal Revenue Service

©

See instructions on back.
Attach to Form 1040, Form 1040NR, Form 1040NR-EZ, Form 1040-SS, or Form 1040-PR.

Name of person who must file this form. If married, complete a separate Form 8919 for each spouse who must file this form.

Who must file.

OMB No. 1545-0074

Uncollected Social Security and
Medicare
Tax on Wages
©

2009
Attachment
Sequence No.

72

Social security number

You must file Form 8919 if all of the following apply.
● You performed services for a firm.
● The firm did not withhold your share of social security and Medicare taxes from your pay.
● Your pay from the firm was not for services as an independent contractor.
● One or more of the reasons listed below under Reason codes apply to you.

Reason codes: For each firm listed below, enter the applicable reason code(s) for filing this form in column (c). If none of the
reason codes apply to you, but you believe you should have been treated as an employee, enter reason
code G, and file Form SS-8 on or before the date you file your tax return.
A

I filed Form SS-8 and received a determination letter stating that I am an employee of this firm.

B

I was designated as a “section 530 employee” by my employer or by the IRS prior to January 1, 1997.

C I received other correspondence from the IRS that states I am an employee.
D I was previously treated as an employee by this firm and am performing services in a substantially similar
capacity and under substantially similar direction and control. (You must also enter reason code G.)
E

My co-workers, performing substantially similar services under substantially similar direction and control, are
treated as employees. (You must also enter reason code G.)

F

My co-workers, performing substantially similar services under substantially similar direction and control, filed
Form SS-8 for this firm and received a determination that they were employees. (You must also enter reason
code G.)

G I filed Form SS-8 with the IRS and have not received a reply.
(a) Name of firm

(b) Firm’s
federal
identification
number

(c) Enter
reason
code(s) from
above

(see instructions)

(f) Total wages received
(d) Date IRS
(e) Check
determination or
if Form
with no social security or
correspondence was 1099-MISC
Medicare tax
received
was received
withholding and not
(MM/DD/YYYY)
reported on Form W-2
(see instructions)

1
2
3
4
5
6

Total wages. Combine lines 1 through 5 in column (f). Enter here and include on Form 1040, line
7; Form 1040NR, line 8; or Form 1040NR-EZ, line 3
7

106,800 00

7

Maximum amount of wages subject to social security tax

8

Total social security wages and tips (total of boxes 3 and 7 on
Form(s) W-2) or railroad retirement (tier 1) compensation, and
unreported tips subject to social security tax from Form 4137,
8
line 10
Subtract line 8 from line 7. If line 8 is more than line 7, enter -0- here and on line 10
Wages subject to social security tax. Enter the smaller of line 6 or line 9
Multiply line 10 by .062 (social security tax rate)
Multiply line 6 by .0145 (Medicare tax rate)
Add lines 11 and 12. Enter here and on Form 1040, line 57; Form 1040NR, line 53; or Form
©
1040NR-EZ, line 16. (Form 1040-SS and Form 1040-PR filers, see instructions)

9
10
11
12
13

For Paperwork Reduction Act Notice, see instructions.

Cat. No. 37730B

6

9
10
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Form

8919

(2009)

Form 8919 (2009)

General Instructions
Purpose of form. Use Form 8919 to figure and report your
share of the uncollected social security and Medicare taxes
due on your compensation if you were an employee but were
treated as an independent contractor by your employer. By
filing this form, your social security and Medicare taxes will
be credited to your social security record. For an explanation
of the difference between an independent contractor and an
employee, see Pub. 1779, Independent Contractor or
Employee.
Do not use this form for services you performed as
an independent contractor. Instead, use Schedule
C (Form 1040), Profit or Loss From Business, or
CAUTION Schedule C-EZ (Form 1040), Net Profit From
Business, to report the income. And use Schedule SE (Form
1040), Self-Employment Tax, to figure the tax on net earnings
from self-employment.
Firm. For purposes of this form, the term “firm” means any
individual, business enterprise, company, non-profit
organization, state, or other entity for which you performed
services. This firm may or may not have paid you directly for
these services.
Form SS-8, Determination of Worker Status for Purposes of
Federal Employment Taxes and Income Tax Withholding. File
this form if you want the IRS to determine whether you are
an independent contractor or an employee. See the form
instructions for information on completing the form.
Section 530 employee. A section 530 employee is one who
was determined to be an employee by the IRS prior to
January 1, 1997, but whose employer has been granted relief
from payment of employment taxes under Section 530 of the
Revenue Act of 1978.

Specific Instructions
Lines 1 through 5. Complete a separate line for each firm. If
you worked as an employee for more than 5 firms in 2009,
attach additional Form(s) 8919 with lines 1 through 5
completed. Complete lines 6 through 13 on only one Form
8919. The line 6 amount on that Form 8919 should be the
combined totals of all lines 1 through 5 of all your Forms
8919.
Column (a). Enter the name of the firm for which you
worked. If you received a Form 1099-MISC from the firm,
enter the firm’s name exactly as it is entered on Form
1099-MISC.
Column (b). The federal identification number for a firm
can be an employer identification number (EIN) or a social
security number (SSN) (if the firm is an individual). An EIN is
a nine-digit number assigned by the IRS to a business. Enter
an EIN like this: XX-XXXXXXX. Enter an SSN like this:
XXX-XX-XXXX. If you received a Form 1099-MISC from the

Page

2

firm, enter the firm’s federal identification number that is
entered on Form 1099-MISC. If you do not know the firm’s
federal identification number, you can use Form W-9,
Request for Taxpayer Identification Number and Certification,
to request it from the firm. If you are unable to obtain the
number, enter “unknown.”
Column (c). Enter the reason code for why you are filing
this form. You can enter more than one reason code for a
firm. If none of the reason codes apply to you, but you
believe you should have been treated as an employee, enter
reason code G, and file Form SS-8 on or before the date you
file your tax return.
If you enter reason code D and you are not certain about
your worker status, you should file Form SS-8 to request a
determination of your worker status. Also enter reason code
G.
If you enter reason code E or F, you should file Form SS-8
to request a determination of your worker status. Also enter
reason code G.
If you enter reason codes D, E, F, or G, you or the
firm that paid you may be contacted for additional
information. Use of these reason codes is not a
CAUTION guarantee that the IRS will agree with your worker
status determination. If the IRS does not agree that you are
an employee, you may be billed for the additional tax,
penalties, and interest resulting from the change to your
worker status.
Column (d). Complete only if reason code A, B, or C is
entered in column (c).
Line 13. Form 1040-SS and Form 1040-PR filers, include
the amount on line 5. See the instructions for line 5 of the
form you file on how to report the tax due.
Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal Revenue
laws of the United States. You are required to give us the
information. We need it to ensure that you are complying
with these laws and to allow us to figure and collect the right
amount of tax.
You are not required to provide the information requested
on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid OMB control number. Books
or records relating to a form or its instructions must be
retained as long as their contents may become material in
the administration of any Internal Revenue law. Generally, tax
returns and return information are confidential, as required by
Internal Revenue Code section 6103.
The average time and expenses required to complete and
file this form will vary depending on individual circumstances.
For the estimated averages, see the instructions for your
income tax return.
If you have suggestions for making this form simpler, we
would be happy to hear from you. See the instructions for
your tax return.