Can I get a refund for social security tax paid as a misclassified independent contractor?

I worked for six years as an independent contractor for a nonprofit but believe I
was misclassified as an independent contractor. The IRS is now auditing the
company — they have determined that I was misclassified so they will be fining
the company for the social security they should have paid. However, during the
time in question, I paid social security taxes on money received from my work
there as an ‘independent contractor.’ Can I file with the IRS to get some of that
money returned to me?

Asked on December 13, 2018 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Actually, you would get this money from your ex-employer, since your former employer should have paid that portion for you. The IRS got what it was owed, so wes nothing back to you. At this point, you will probably have to sue for such a reimbursement. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you don't get it from the IRS; you get it from your former employer. The IRS received the total correct amount of taxes, so you can't get some of them back from the IRS--it's just that the employer should have paid the employer portion for you. You would have to sue the former employer to get amounts they should have paid on your behalf, but failed to.

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