W-2 vs. 1099
Understanding the difference between employees and independent contractors - and why it matters for your business.
Based on IRS guidelines — learn more at irs.gov
At a Glance
The key difference between W-2 employees and 1099 independent contractors
W-2 Employee
You control how, when, and where they work
You withhold income tax, Social Security, and Medicare
You pay employer payroll taxes (7.65%)
Eligible for benefits (insurance, PTO, retirement)
Protected by labor and employment laws
Ongoing, continuous relationship
You provide tools and equipment
Independent Contractor
They control how they complete the work
No tax withholding — they handle their own taxes
They pay self-employment tax
Not eligible for your employee benefits
Not covered by your labor law obligations
Project-based or defined engagement
They provide their own tools
The IRS Three-Factor Test
The IRS uses three categories to determine if a worker is an employee or contractor. No single factor decides it — you have to look at the full picture.
⚠ Misclassification Warning
Misclassifying employees as independent contractors can result in significant IRS penalties, back taxes, interest, and potential legal consequences. When in doubt, err on the side of classifying as an employee, or file IRS Form SS-8 to request an official determination.
1. Behavioral Control
Does the business control or have the right to control what the worker does and how they do it?
Points toward W-2 Employee:
You provide detailed instructions on when, where, and how to work. You require training. You dictate the specific methods and processes to follow.
Points toward 1099 Contractor:
The worker decides their own methods, schedule, and approach. You define the end result, not how to get there.
2. Financial Control
Does the business control the financial and business aspects of the worker's job?
Points toward W-2 Employee:
You reimburse expenses. You provide all tools and equipment. The worker is paid a regular wage or salary regardless of output.
Points toward 1099 Contractor:
The worker invests in their own tools and equipment. They have unreimbursed business expenses. They can profit or lose money on the job. They market their services to others.
3. Type of Relationship
What is the nature of the working relationship between the parties?
Points toward W-2 Employee:
The relationship is ongoing and indefinite. The worker receives benefits (insurance, PTO, retirement). The work is a key aspect of your regular business.
Points toward 1099 Contractor:
There is a written contract defining project scope. The engagement is for a specific project or time period. No benefits are provided. The worker serves other clients.