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Statutory Employee

Updated on: October 14, 2026 Sneha Gondhale 1 min read

A statutory employee is a specific employment status defined by the Internal Revenue Service (IRS). It applies to individuals who are treated as employees for certain tax and benefit purposes while still keeping some independence in how they work. Despite that employee status, statutory employees are not subject to federal income tax withholding, though their employer still withholds Social Security and Medicare taxes.

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