Forms SS-8 & SS-8(PR)--Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

Forms and Documents

Document Name	Status
Form Form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding Form and Instruction	Modified
Form SS-8(PR) SS-8(PR)--Determinacion del Estado de Empleo de un Trabajador para Propositos delas Contribuciones Federales Sobre el Empleo Form and Instruction	New
Justification for Change.doc Justification for No Material/Nonsubstantive Change	2011-08-24

IC Document Collections

IC ID	Document Title	Status
39313	Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding Form and Instruction	Modified
198706	SS-8(PR)--Determinacion del Estado de Empleo de un Trabajador para Propositos delas Contribuciones Federales Sobre el Empleo Form and Instruction	New

ICR Details

OMB Control No: 1545-0004	ICR Reference No: 201108-1545-004
Status: Historical Active	Previous ICR Reference No: 201007-1545-035
Agency/Subagency: TREAS/IRS	Agency Tracking No: EC1545-0004-004
Title: Forms SS-8 & SS-8(PR)--Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/29/2011
	Date Received in OIRA: 08/24/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2013	09/30/2013	09/30/2013
Responses	4,705	0	4,554
Time Burden (Hours)	148,621	0	101,464
Cost Burden (Dollars)	0	0	0

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Abstract: Form SS-8 is used by employers and workers to furnish information to IRS in order to obtain a determination as to whether a worker is an employee for purposes of Federal employment taxes and income tax withholding. IRS uses this information to make the determination. Form SS-8(PR) is the Spanish version for use in Puerto Rico of form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. IRS uses this information to make the determination.

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Authorizing Statute(s): US Code: 26 USC Part II, Section 6001 Name of Law: Notice of regulations requiring records, statements, and special returns
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 10017	03/04/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 44308	07/28/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
SS-8(PR)--Determinacion del Estado de Empleo de un Trabajador para Propositos delas Contribuciones Federales Sobre el Empleo	Form SS-8(PR), SS-8(PR)	Determinacion del Estado de Empleo de un Trabajador para Propositos de las Contribuciones Federales Sobre el Empleo ,   Determinacion del Estado de Empleo de un Trabajador para Propositos de las Contribuciones Federales Sobre el Empleo
Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding	Form SS-8, Form SS-8	Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding ,   Determination of Worker Status for Purposes of Federal Employment Taxes and income Tax Withholding

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,705	4,554	0	151	0	0
Annual Time Burden (Hours)	148,621	101,464	0	47,157	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden previously approved changed because of Program Change Due to Agency Discretion: -Changes have been made to Form SS-8 per the request of the SS-8 Unit and Chief Counsel. Changes to Form SS-8 increased total annual time burden by 42,352 hours. -A new IC is being added for Form SS-8(PR) per the request of the SS-8 Unit and Chief Counsel. Form SS-8(PR) is the Spanish version for use in Puerto Rico for Form SS-8, Determination of Workers Status for Purposes of Federal Employment Taxes and Income Tax Withholding. This new IC increased annual number of responses by 151 and burden by 4,805 hours. As a result the total annual number of responses for this ICR increased by 151 and the total annual time burden increased by 47,157.

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Annual Cost to Federal Government: $6,251

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/24/2011

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