Fill out Form SS-8 (Determination of Worker Status) and send it to the IRS. You can obtain the form at www.irs.gov/pub/irs-pdf/fss8.pdf.
Put your best foot forward. If you show that you exert a great degree of control over the worker, he or she is likely to be labeled as an employee. But the odds are in your favor if you have little or no control over the worker’s duties.
Tip: Workers can also file Form SS-8 on their own behalf. For workers, it may be more beneficial to be classified as an employee to receive
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