Form SS-8 Form SS-8 Determination of Worker Status for Purposes of Federal E

Form

SS-8

(Rev. May 2014)
Department of the Treasury
Internal Revenue Service

OMB. No. 1545-0004

Determination of Worker Status for Purposes
of Federal Employment Taxes and
Income Tax Withholding

For IRS Use Only:
Case Number:
Earliest Receipt Date:

▶ Information about Form SS-8 and its separate instructions is at www.irs.gov/formss8.

Name of firm (or person) for whom the worker performed services

Worker’s name

Firm’s mailing address (include street address, apt. or suite no., city, state, and ZIP code)

Worker’s mailing address (include street address, apt. or suite no., city, state, and ZIP code)

Trade name

Firm's email address

Worker's daytime telephone number

Worker's email address

Firm's fax number

Firm's website

Worker's alternate telephone number

Worker's fax number

Firm's telephone number (include area code)

Firm’s employer identification number

Worker’s social security number

Worker’s employer identification number (if any)

Note. If the worker is paid for these services by a firm other than the one listed on this form, enter the name, address, and employer identification
number of the payer. ▶

Disclosure of Information
The information provided on Form SS-8 may be disclosed to the firm, worker, or payer named above to assist the IRS in the determination process.
For example, if you are a worker, we may disclose the information you provide on Form SS-8 to the firm or payer named above. The information can
only be disclosed to assist with the determination process. If you provide incomplete information, we may not be able to process your request. See
Privacy Act and Paperwork Reduction Act Notice in the separate instructions for more information. If you do not want this information disclosed to
other parties, do not file Form SS-8.
Parts I–V. All filers of Form SS-8 must complete all questions in Parts I–IV. Part V must be completed if the worker provides a service directly to
customers or is a salesperson. If you cannot answer a question, enter “Unknown” or “Does not apply.” If you need more space for a question, attach
another sheet with the part and question number clearly identified. Write your firm's name (or worker's name) and employer identification number (or
social security number) at the top of each additional sheet attached to this form.

Part I
1

General Information

This form is being completed by:

Firm

Worker; for services performed

to
(beginning date)

.
(ending date)

2

Explain your reason(s) for filing this form (for example, you received a bill from the IRS, you believe you erroneously received a Form 1099 or
Form W-2, you are unable to get workers' compensation benefits, or you were audited or are being audited by the IRS).

3
4

Total number of workers who performed or are performing the same or similar services:
Application
Bid
Employment Agency
How did the worker obtain the job?

5

Attach copies of all supporting documentation (for example, contracts, invoices, memos, Forms W-2 or Forms 1099-MISC issued or received, IRS
closing agreements or IRS rulings). In addition, please inform us of any current or past litigation concerning the worker’s status. If no income reporting forms
.
(Form 1099-MISC or W-2) were furnished to the worker, enter the amount of income earned for the year(s) at issue $

.
Other (specify)

If both Form W-2 and Form 1099-MISC were issued or received, explain why.
6

Describe the firm’s business.

For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.

Cat. No. 16106T

Form SS-8 (Rev. 5-2014)

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Form SS-8 (Rev. 5-2014)

Part I
7

General Information (continued)

If the worker received pay from more than one entity because of an event such as the sale, merger, acquisition, or reorganization of the firm for
whom the services are performed, provide the following: Name of the firm's previous owner:
Previous owner's taxpayer identification number:
Other (specify)
Description of above change:

Change was a:

8

Date of change (MM/DD/YY):
Describe the work done by the worker and provide the worker’s job title.

9

Explain why you believe the worker is an employee or an independent contractor.

10

Sale

Merger

Acquisition

Reorganization

Did the worker perform services for the firm in any capacity before providing the services that are the subject of this determination request?
Yes
No
N/A
If “Yes,” what were the dates of the prior service?
If “Yes,” explain the differences, if any, between the current and prior service.

11

If the work is done under a written agreement between the firm and the worker, attach a copy (preferably signed by both parties). Describe the
terms and conditions of the work arrangement.

Part II

Behavioral Control (Provide names and titles of specific individuals, if applicable.)

1

What specific training and/or instruction is the worker given by the firm?

2

How does the worker receive work assignments?

3

Who determines the methods by which the assignments are performed?

4

Who is the worker required to contact if problems or complaints arise and who is responsible for their resolution?

5

What types of reports are required from the worker? Attach examples.

6

Describe the worker’s daily routine such as his or her schedule or hours.

7

At what location(s) does the worker perform services (for example, firm’s premises, own shop or office, home, customer’s location)? Indicate
the appropriate percentage of time the worker spends in each location, if more than one.

8

Describe any meetings the worker is required to attend and any penalties for not attending (for example, sales meetings, monthly meetings,
staff meetings).

9
10
11

Is the worker required to provide the services personally? . . .
If substitutes or helpers are needed, who hires them?
If the worker hires the substitutes or helpers, is approval required?
If “Yes,” by whom?

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Yes

No

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Yes

No

12
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Who pays the substitutes or helpers?
Is the worker reimbursed if the worker pays the substitutes or helpers? .
If “Yes,” by whom?

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Yes

No

Form SS-8 (Rev. 5-2014)

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Form SS-8 (Rev. 5-2014)

Part III
1

Financial Control (Provide names and titles of specific individuals, if applicable.)

List the supplies, equipment, materials, and property provided by each party:
The firm:
The worker:

2

Other party:
Does the worker lease equipment, space, or a facility? . . . . . . . . .
If “Yes,” what are the terms of the lease? (Attach a copy or explanatory statement.)

3

What expenses are incurred by the worker in the performance of services for the firm?

4

Specify which, if any, expenses are reimbursed by:
The firm:
Other party:

5

Type of pay the worker receives:
Salary
Commission
Hourly Wage
Lump Sum
Other (specify)
If type of pay is commission, and the firm guarantees a minimum amount of pay, specify amount. $

6

Is the worker allowed a drawing account for advances?
If “Yes,” how often?
Specify any restrictions.

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7

Whom does the customer pay? . . . . . . . . .
If worker, does the worker pay the total amount to the firm?

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Yes

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Firm
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No If “No,” explain.

8
9

Does the firm carry workers' compensation insurance on the worker?
. . . . . . . . . . . . . . .
Yes
No
What economic loss or financial risk, if any, can the worker incur beyond the normal loss of salary (for example, loss or damage of equipment,
material)?

10

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Does the worker establish the level of payment for the services provided or the products sold? .
If “No,” who does?

Part IV
1

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Yes

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No

Piece Work

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Yes

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No

Worker

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Yes

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No

Relationship of the Worker and Firm

Please check the benefits available to the worker:
Paid vacations
Pensions
Personal days
Other (specify)

Sick pay

Paid holidays
Bonuses

Insurance benefits

2

Can the relationship be terminated by either party without incurring liability or penalty?
If “No,” explain your answer.

3

Did the worker perform similar services for others during the time period entered in Part I, line 1? . . . . . . .
Yes
No
Yes
No
If “Yes,” is the worker required to get approval from the firm? . . . . . . . . . . . . . . . . . .
Describe any agreements prohibiting competition between the worker and the firm while the worker is performing services or during any later
period. Attach any available documentation.

4

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Yes

5
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Is the worker a member of a union?
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Yes
What type of advertising, if any, does the worker do (for example, a business listing in a directory or business cards)? Provide copies, if
applicable.

7

If the worker assembles or processes a product at home, who provides the materials and instructions or pattern?

8

What does the worker do with the finished product (for example, return it to the firm, provide it to another party, or sell it)?

9

How does the firm represent the worker to its customers (for example, employee, partner, representative, or contractor), and under whose
business name does the worker perform these services?

10

No

No

If the worker no longer performs services for the firm, how did the relationship end (for example, worker quit or was fired, job completed,
contract ended, firm or worker went out of business)?
Form SS-8 (Rev. 5-2014)

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Form SS-8 (Rev. 5-2014)

Part V

For Service Providers or Salespersons. Complete this part if the worker provided a service directly to
customers or is a salesperson.

1

What are the worker’s responsibilities in soliciting new customers?

2
3

Who provides the worker with leads to prospective customers?
Describe any reporting requirements pertaining to the leads.

4
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6

What terms and conditions of sale, if any, are required by the firm?
Are orders submitted to and subject to approval by the firm? . .
Who determines the worker’s territory?

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Yes

No

7

Did the worker pay for the privilege of serving customers on the route or in the territory? .
If “Yes,” whom did the worker pay?
If “Yes,” how much did the worker pay? . . . . . . . . . . . . . . .

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Yes

No

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8

Where does the worker sell the product (for example, in a home, retail establishment)?

9

List the product and/or services distributed by the worker (for example, meat, vegetables, fruit, bakery products, beverages, or laundry or dry
cleaning services). If more than one type of product and/or service is distributed, specify the principal one.

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11

Does the worker sell life insurance full time? . . . . .
Does the worker sell other types of insurance for the firm? .

12

If “Yes,” enter the percentage of the worker’s total working time spent in selling other types of insurance . . . . .
If the worker solicits orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar
establishments, enter the percentage of the worker’s time spent in the solicitation . . . . . . . . . . . .

13

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Is the merchandise purchased by the customers for resale or use in their business operations? . .
Describe the merchandise and state whether it is equipment installed on the customers’ premises.

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Yes

No

Yes

No
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Yes

No

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Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and to the best of my knowledge and belief, the
facts presented are true, correct, and complete.

▲

Sign
Here

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Title

▶

Date

▶

Type or print name below signature.
Form SS-8 (Rev. 5-2014)