Statutory Employee


Article: 50251

Overview

A statutory employee is a worker who, by law, is treated as an employee for certain tax purposes — even if they don’t fit the usual employee mold.

In exempt organizations, statutory employees are often corporate officers. Others who may fall into this category include:

  • Full-time traveling or city salespeople who solicit orders from wholesalers, restaurants, or similar businesses for resale or supplies used in the buyer’s business.
  • Full-time life insurance agents whose main business is selling life insurance or annuity contracts for one company.
  • Agent-drivers or commission-drivers distributing meat, vegetables, bakery goods, beverages (except milk), or doing laundry or dry-cleaning services.
  • Home workers who work on materials or goods provided by the employer.

Employers must indicate on the worker’s Form W-2 if they’re classified as a statutory employee (excluding corporate officers). These workers report their income and expenses on , but they are not subject to self-employment tax since Social Security tax is handled by the employer.

How to Add Statutory Employee Information

To report statutory employee income:

  1. Go to Federal Taxes.
  2. Click Review.
  3. Click I’d like to see the forms I’ve filled out or search for a form.
  4. Enter Form W-2 or Schedule C in the search box and select the appropriate form.
  5. Enter your information and click Save.

Further Information

See IRS: Statutory Employees Overview and IRS: Exempt Organizations – Who Is a Statutory Employee for more information.