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Statutory Employee Overview

  • Wages:
    • FICA withholding required
    • Federal withholding not required but may occur
  • Statutory Employees:
    • Agent and commission drivers
    • Full-time life insurance sales agent
    • Home Workers
    • Full-time traveling or city salespeople
  • Reporting:
    • Income is reported on Schedule C (do not combine with non-statutory income)
    • Do not include a Schedule SE for the statutory employeeincome (software should handle if properly coded)

Related IRC and IRS Publications and Forms 

  • Forms W-2 and W-3 Instructions
  • Publication 15-A - Employer's Supplemental Tax Guide (Supplement to Circular E, Employer's Tax Guide, Pub 15)
  • IRC Sec 3121

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