What is a statutory employee and how are they taxed differently?

[susangrey]

I came across the term "statutory employee" while reading about employment classifications. How is a statutory employee different from a regular W-2 employee or an independent contractor? What are the tax implications, and which industries commonly use this classification?

 

[robin]

Statutory Employees are people who are considered employees for payroll tax purposes but contractors for expense deduction purposes. They are required to make Social Security and Medicare payments just like any other employee, but they are able to take deductions on their business expenses on Schedule C. It provides them with additional tax advantages that ordinary employees do not have while still providing them with W-2 income.

 

[jacksparrow]

A statutory employee is an independent contractor treated as an employee for certain tax purposes. They receive a W-2, not 1099, and can deduct business expenses on Schedule C while still having Social Security and Medicare taxes withheld like regular employees.