Can an Employer Report me to the IRS as a Contract Employee if I didn’t Actually Sign a Contract Form?

Share the Knowledge!

“Can my boss report me to the IRS as a contractor if I don’t sign a form to say that I am his contractor?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

That depends – are you a contractor? If you are on the company payroll, then no, he probably can’t report you as a contractor – because he’ll be reporting you as an employee. If you are not on the payroll – and you are clearly working for him, as you yourself are calling him “your boss – he certainly can (and should) report what he is paying you. Being a contractor does not require you to sign a ‘contract’.

Share the Knowledge!

Author: House Attorney

A house attorney has answered this question.