
Statutory Employees: The W-2 Workers Who File Like a Business
Statutory employees are the IRS hybrid class between contractors and employees — commission drivers, full-time life insurance agents, home workers, and traveling salespeople under IRC section 3121(d)(3). Employers withhold Social Security and Medicare but no income tax, issue a W-2 with Box 13 checked, and the worker deducts expenses on Schedule C without owing self-employment tax. Covers the four qualifying categories, the three FICA conditions, and the misclassification errors that trigger back taxes and penalties.










