What is W-2 employment?
Individuals who are employed full-time by a business as a regular employee should receive a W-2 form. Independent contractors and independent consultants receive a form called a 1099. This form is a statement of payment from that company for the tax year if they were paid more than $600.
According to the IRS, a company "has the right to control or direct only the result of the work [of an independent contractor] and not what will be done and how it will be done or method of accomplishing the result." Although the IRS uses a "20 questions" test to determine whether a worker is an employee or contractor, in general, under this definition, those whose method of working can be controlled by their employer are regular employees and receive a W-2.
Businesses that retain employees of this type are obligated by law to perform the following tasks:
- They must pay income, Social Security, and Medicare taxes for the employee. Technically, these taxes are deducted from the employee's salary, but the employer is required to collect them and send them to the IRS on the behalf of the worker. Many companies supplement their employees' income in order to ease the burden of these taxes.
- They must pay unemployment tax. The government gives aid to those who have lost their jobs and are trying to find work in the form of unemployment benefits. The funds for this program come from a tax on businesses with employees. The tax is not deducted from an employee's pay and is solely funded from company money.
- They must issue a W-2. At the end of the tax year the employer must send copies of a completed W-2 to the employee and the Social Security Administration. This form will notify the government that the employee has received funds and allow the employee to file state and federal income tax.
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