What form would be used if an employer/employee desires a ruling on a worker's status?

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The appropriate form to use when an employer or employee wishes to determine a worker's status is Form SS-8. This form is specifically designed for this purpose, allowing either party to request the IRS to evaluate the relationship between the worker and the business, which can help clarify whether the worker should be classified as an employee or an independent contractor.

This classification is crucial because it has significant implications for tax obligations, including the responsibilities for withholding and payment of income and payroll taxes. By submitting Form SS-8, the requesting party can gain a formal ruling from the IRS that provides clarity and helps avoid potential tax-related issues or penalties. The IRS evaluates various factors, including the degree of control the business has over the work and the financial arrangements between the parties, before making a determination.

Other forms listed do not serve this specific function. For instance, Form W-4 is used by employees to indicate their withholding preferences; Form 2441 is related to the child and dependent care expenses credit; and Form 8109 is used for depositing federal tax payments. Each serves distinct purposes unrelated to worker classification, making Form SS-8 the clear choice for ruling on a worker’s status.

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