IRS Resources for Misclassified Ground and HD Drivers
The IRS has previously said that a priority for 2008 is to increase vigilance over employers that intentionally misclassify its workforce as "contractors." The IRS sees this illegal behavior as contributing to the federal "tax gap."
There are several IRS resources for FedEx Ground and Home Delivery drivers that should be evaluated by anyone who seeks to prove they are employees or joint employees of FedEx.
FedEx Ground and HD drivers should fully understand the new IRS Form 8919 (open/download the form here) and IRS Form SS-8 (open/download the form here). These forms are uploaded to FedExWatch for informational purposes only and all drivers should seek professional tax advice for their own personal situation.
IRS Form 8919 provides a misclassified worker a process to report income that can be considered by the IRS for the individuals social security record. This form was introduced in 2007.
To complete any documentation to be submitted with either Form 8919 or Form SS-8, the FedExDriversLawsuit.com web site has two IRS determination letters (see the Pagels document and the Thomas document) for FedEx Ground and/or Home Delivery drivers that affirmed those two drivers' status as employees of FedEx.
The IRS Small Business/Self-Employed Division Specialty Programs office monitors compliance with the proper classification of employees. The listed Specialty Programs office director as of January 2008 is Bill Conlan who can be reached at 202-283-6874.
In light of the IRS determination that FedEx Ground was illegally treating its drivers as "contractors" for federal tax purposes in 2002, all present and former drivers should confer with their tax advisers or contact the IRS for clarification.