SESK: Stuff Everyone Should Know · sesk.info/founder-form-ss-8-status-ruling
Who can file IRS Form SS-8 to ask the IRS to decide if a worker is an employee or a contractor?
Either the business or the worker can file Form SS-8.
- Either the business or the worker ✔
- Only the business
- Only the worker's tax preparer
Why: Form SS-8 asks the IRS to officially determine a worker's status. Either side can file it, and the IRS reviews the facts. It can take at least six months to get an answer.
Huh, didn't know that: Businesses that keep hiring the same type of worker sometimes file SS-8 to settle the question once.
Why did the form go to the party? It wanted to fill in.
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References
Answer: Either the business or the worker. Form SS-8 asks the IRS to officially determine a worker's status. Either side can file it, and the IRS reviews the facts. It can take at least six months to get an answer.
- IRS: Independent contractor (self-employed) or employee? www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
Form SS-8 may be filed by either the business or the worker.
Checked 2026-10-11.
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