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March 18, 2024

What Is A Statutory Employee?

A statutory employee is an independent contractor who’s treated as an employee for tax purposes.

What Is A Statutory Employee?

Akhil Reddy
March 15, 2023

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Yes, it’s a little confusing. Below, we’ll break down the nuances of statutory employees and explain when you might need to care.

Key takeaways:

  • A statutory employee is an independent contractor who is treated as an employee for tax purposes.
  • There are four main categories of workers that may be considered statutory employees.

What is a statutory employee (and why should I care)?

OK, let’s keep it simple: A statutory employee is an independent contractor. But, for tax purposes, they’re considered an employee. Make sense?

In other words, while they may not be considered an employee for purposes of employment laws, they're still entitled to receive certain tax benefits and protections.

There are four main categories of workers that may be considered statutory employees:

  • Drivers who use their own vehicles to make deliveries
  • Full-time life insurance salespeople
  • Home workers
  • Traveling or city salespeople who work full-time for a single firm

It's important for employers to understand the classification of their workers as statutory employees, as it can impact the way they're taxed and the benefits they're entitled to receive. For example, statutory employees are entitled to receive Social Security and Medicare taxes, which are typically paid by the employer.

Understanding the concept of statutory employees is crucial for employers looking to hire contractors outside of the United States. By accurately classifying your workers, you can ensure that you're in compliance with tax regulations and providing your workers with the benefits and protections they're entitled to receive. If you have any questions or concerns about statutory employees, it's always best to consult with a tax professional for guidance.

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Elizabeth Wellington

Liz writes about business, creativity and making meaningful work. Say hello on Twitter or through her website.

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