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Subject:  ever an exception to 3 year statute? Date:  4/9/2013  10:19 PM
Author:  allechor632 Number:  118346 of 127753

Hi all,

My state Employment determined I had been misclassified as an independent contractor, when I should have been treated as an employee, thus allowing me to collect benefits (much more to the story, but this is gist).

Since I paid both my % and company's % of SS & Medicare all those years (over a decade, it was only one company) I was going to file SS-8 form (IRS determination) and amend at least three years if it looked like I was going to come out ahead. I have done two of the three years and I am ahead by a few hundred dollars. If I am able to go back further, it would be more worth while (this process is going to take at least a year, I am sure). Does anyone know if there is ever an exception to go back more than the three years? It was not as if I'd known and just didn't get around to it ;) I had no idea that this was the case and by not being able to go back the company "gets away with" not paying taxes and I got stuck with paying them.

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