Form 8919, Uncollected Social Security and Medicare Tax on Wages, will need to be filed if all of the following are true:
- The taxpayer performed services for an individual or a firm (whether for-profit, not-for-profit, or a government entity);
- The taxpayer believes their pay was for services as an employee rather than as an independent contractor;
- The individual or firm didn’t withhold Social Security and Medicare taxes from the taxpayer's pay;
- One of the following is true:
- The taxpayer filed Form SS-8 with the IRS and and is waiting for a response;
- The taxpayer filed Form SS-8 and received a determination letter stating that they are an employee of the individual or firm;
- The taxpayer received some other correspondence from the IRS that stating that they are an employee;
- The taxpayer received a Form W-2 and a Form 1099-MISC, and the amount on Form 1099-MISC should have been included as wages on Form W-2.