<prompt> Human: I officially work for a company as an independent contractor according to my contract. However, I was just researching the IRS definition of contractor vs employee work, and according to their standards it seems to fit the definition of employee. Does my contract agreeing that Im an independent contractor invalidate that? Basically every aspect of my work fits the employeeemployer definition. My job is phone-based working from home. -They set the pay rate and schedule-I work at regular hours set by company-They give me certain standards and requirements for how to conduct the calls-Calls are frequently monitored and reviewed-Performance is evaluated -Must file reports-Advance notice and permission is required for absences -Certain number of days off allowed in a yearIf there are poor performance reviews or calls not meeting the company guidelines, they reduce schedules as a penaltythreat.They also have a point-system where certain offenses late for calls, no-show, requesting vacation days less than 1 week in advance add points and a certain number of points leads to termination. As far as I can tell pretty much every standard determines that Im an employee of the company, not a contractor. But they are hiring people as contractors, probably to avoid paying taxes. I did not receive a W2 or 1099. In previous years they gave a 1099-MISC but last year they changed the contract so were contracted with their overseas parent company, rather than the American branch I initially was contracted with. After changing, theyve only sent a letter with a reported income amount, no legal forms at all. At first I was under the impression I had to file as a self-employed independent contractor, but from what I can tell Im an employee. But I dont have any of the paperwork normally given to an employee. Main questions are, am I right that I legally qualify as an employee, not a contractor? Does my initial contract with the company signing as an independent contractor invalidate that, or is that contract invalidated by the companys treatment of contractors as employees? And how can I file my taxes without any forms if Im an employee?Thanks for any help with any of this!  <response>: I went through this a few summers ago. Basically, the IRS is the one with the ultimate authority to decide your tax liability. Signing a contract that says youre an employee or a contractor doesnt mean the IRS has to treat you like one, or vice versa. You could also sign a contract that says you dont have to pay taxes at all. Good luck with that.In my case, I was working over the summer for a nonprofit, we had a very good relationship, the gross wages involved were just a couple thousand dollars, and the person who drew up the contract had retired so there wasnt really any issue of pride or ego preventing them from admitting their mistake. Also, they hadnt filed their quarterly taxes yet and so we didnt have to get the IRS involved; they fixed their books, I sent back my earnings, and they cut me a new check with the appropriate withholding.Your case sounds way shittier. Youre not working for a tiny nonprofit with half a dozen employees. Youre working for a company that should know better and the situation as you describe it isnt a remotely grey area. Someone at that company is defrauding both you and the IRS, though theres not really enough information to know whether its intentional many people are surprisingly bad at what they do for a living.First things first: No matter how you decide to deal with the tax situation, you need to look for another job. The odds that youll be able to fix things as easily as I did while maintaining a good relationship with your employer are minuscule. Plus, you have no reason to trust that they wont fuck you over in other more interesting ways in the future because they are already fucking you over. Look for another job. You can always change your mind and not take another job if its offered; there is no way to change your mind in the other direction if you didnt look in the first place.I dont have more specific advice for you. When I went through this I did a lot of research on the IRS web site and tried to make correcting the mistake as painless as possible for the organization, because of our good relationship and because it was a small nonprofit without a lot of resources. I dont suggest that you do the same. I would definitely urge you to pursue this and get it corrected, but cover your ass in the meanwhile. You may want to wait until you have another offer in hand or some kind of back-up plan before confronting your employer directly. There may be someone at the IRS who you could contact for help or advise, or there may not be. A tax accountant would probably be a better resource. See if you can get a free consultation, make sure whoever you see has the proper licensingcertification, and for gods sake make sure you have a paper trail of EVERYTHING. 