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Classifying Workers

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What Are Statutory Nonemployees?

A statutory nonemployee is defined by law and is treated as self-employed for all federal tax purposes, including income, social security, and Medicare taxes.

Statutory Nonemployees Include:

  1. Direct sellers
  2. Qualified real estate agents
  3. Certain companion sitters

Withholding Taxes

A statutory nonemployee is not subject to tax withholding.

Do not issue Form W-2 to statutory nonemployees.

Schedule C and Self-Employment Taxes for Statutory Nonemployees

A statutory nonemployee reports income and expenses on Schedule C just like a sole proprietor. Net profit (or loss) is carried to Form 1040.

Since no social security or Medicare taxes are withheld from a statutory nonemployee's income, these taxes must be paid by the statutory nonemployee via self-employment taxes (Schedule SE).

Schedule C and Schedule SE are filed along with Form 1040.