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Statutory Employee

Statutory Employee

A statutory employee is a specific classification for tax purposes in the United States. Being classified as a statutory employee means that an individual is considered an employee rather than an independent contractor for Social Security and Medicare tax purposes. This classification has implications for both the employer and the employee when it comes to tax obligations.

Here are the key characteristics of a statutory employee:

  1. Control Over Work: A statutory employee typically works under the control and direction of their employer. They perform services for an employer who has the right to dictate how the work is done.
  2. Tools and Materials: The employer usually provides the tools, materials, or equipment necessary to perform the job.
  3. Exclusivity: A statutory employee often works exclusively for one employer, which means they don’t have multiple clients or engage in independent contracting work.
  4. Expense Reimbursement: Employers often reimburse statutory employees for job-related expenses, such as travel or supplies.
  5. Taxes: Statutory employees have Social Security and Medicare taxes withheld from their paychecks by their employers. Employers also pay a portion of these taxes on behalf of statutory employees.

Common examples of statutory employees include certain drivers, such as delivery drivers, who work for a company and use the company’s vehicles. Statutory employee status is typically associated with specific job categories or industries.

It’s important to note that the classification of a worker as a statutory employee is based on specific criteria set by the Internal Revenue Service (IRS) and is primarily for tax purposes. It does not necessarily determine other aspects of employment, such as eligibility for employee benefits or protections under labor laws. Employers should work with tax professionals or legal experts to correctly classify workers and comply with tax regulations. Employees should also be aware of their tax status to ensure accurate reporting and compliance with tax laws.

Jeffrey Cline
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