Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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’.
