W2 vs 1099: employee or independent contractor?

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A W-2 employee works under your control and goes on payroll, so you withhold income tax and pay 7.65% employer FICA plus federal and state unemployment tax; a 1099 contractor runs their own business, you withhold nothing, and for 2026 work you file Form 1099-NEC only when you pay them $2,000 or more, according to the IRS (checked October 16, 2026).

On one worker paid $60,000 in Texas, the W-2 route costs you $4,875 a year in employer taxes before any benefits. You do not get to pick the label to save that money. The IRS, the Department of Labor and many states each run their own test, and a worker can pass one and fail another.

W2 vs 1099 refers to the two ways US businesses pay workers: as employees, who receive a Form W-2 and have taxes withheld through payroll, or as independent contractors, who receive a Form 1099-NEC and pay their own taxes.

On this page

W2 vs 1099 at a glance

W-2 employee vs 1099 contractor, 2026 rules
W-2 employee1099 contractor
Who controls how the work is doneYou doThe worker does; you control the result
Forms you collectW-4, state withholding form, I-9W-9
Tax withheld from payFederal and state income tax, 7.65% employee FICANone (backup withholding of 24% only in set cases)
Tax you pay on top7.65% FICA (6.2% Social Security up to $184,500, 1.45% Medicare), FUTA, SUTANone
Year-end formW-2, due February 1, 20271099-NEC if paid $2,000 or more, due February 1, 2027
Minimum wage and overtimeFederal and state wage law appliesDoes not apply
Unemployment and workers' compCovered; workers' comp required in most statesNot covered by your policies
New hire report to the stateWithin 20 days, or sooner by stateRequired in some states (for example FL, OR, VA, OH, MA, NH, IL)

Source: IRS independent contractor page (reviewed May 19, 2026), IRS Publication 15 (2026), IRS 1099-NEC instructions, IRS W-2 instructions (2026), 42 USC 653a. Checked October 16, 2026.

The $2,000 1099-NEC threshold is new. It applies to payments made in 2026 and later, replacing the old $600 figure, and the IRS may adjust it for inflation from 2027. Our guide to paying 1099 contractors covers the filing side.

What one worker at $60,000 costs: W-2 vs 1099

Here is the employer cost of one full-year worker paid $60,000, using 2026 federal rates and the new employer SUTA rate in two states. Health insurance and retirement are left as lines you fill in, because they depend on what you offer.

Annual employer cost of a $60,000 worker, 2026
Cost lineW-2 in TexasW-2 in California1099 contractor
Pay$60,000$60,000$60,000
Social Security, 6.2% x $60,000$3,720$3,720$0
Medicare, 1.45% x $60,000$870$870$0
FUTA, 0.6% x $7,000$42$42$0
SUTA, new employer rate$243 (2.70% x $9,000)$238 (3.4% x $7,000)$0
California ETT, 0.1% x $7,000n/a$7$0
Employer taxes total$4,875$4,877$0
Payroll or payment software$660 (Gusto Simple, $49 + $6 a month)$660$72 (Square contractor plan, $6 a month paid)
Workers' compOptional for most private employersRequired from the first employeeNone
Health insurance and 401(k) matchYour premium share x 12, plus any matchSameNone

Sources: IRS Publication 15 (2026) and Topic 759; Texas Workforce Commission and California EDD 2026 rates; Gusto and Square pricing pages. All checked October 16, 2026.

So before benefits and workers' comp, the W-2 worker costs $65,535 a year in Texas ($60,000 + $4,875 + $660) and the contractor $60,072 ($60,000 + $72). If you match 3% of pay into a 401(k), add $1,800 to the W-2 column.

California could cost more. The Department of Labor lists California as a potential FUTA credit reduction state for 2026 at 1.5%, which would add $105 per employee (1.5% x $7,000) on Form 940. The final list comes after November 10, 2026.

The gap is smaller than it looks. A contractor pays both halves of Social Security and Medicare as self-employment tax and buys their own insurance, so a contractor quoting for the same work often asks a higher rate than the salary you would pay. To run the numbers for your state with benefits included, use the employee cost calculator.

Estimated yearly cost to employ this person
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The IRS test: behavioral control, financial control and the relationship

For federal employment tax, the IRS uses the common-law control test. It sorts the facts into three groups and says no single factor decides the answer. It tells businesses to weigh all of them and write down why they reached their conclusion.

  • Behavioral control. Do you control, or have the right to control, what the worker does and how? Setting hours, training someone in your methods and reviewing how they work all point toward employee.
  • Financial control. Do you control the business side of the job: how the worker is paid, whether expenses are reimbursed, who supplies the tools? A worker who invoices by the project, buys their own equipment and can make or lose money looks like a contractor.
  • Type of relationship. Is there a written contract, are there employee-type benefits such as insurance or paid vacation, is the relationship expected to continue, and is the work a key part of your business?

A contract that says "independent contractor" does not settle it. The IRS looks at how the work actually happens.

The DOL test for wage law, as of October 2026

Minimum wage and overtime under the Fair Labor Standards Act follow a separate test from the Department of Labor. Where it stands on October 16, 2026:

  • In force: the 2024 rule (29 CFR part 795), published January 10, 2024 and effective March 11, 2024. It uses a totality-of-the-circumstances economic reality analysis, and it replaced the 2021 rule.
  • Proposed, not final: the February 2026 rule. DOL published a proposal at 91 FR 9932 on February 27, 2026 to rescind the 2024 analysis and bring back the 2021 framework with changes. Comments closed April 28, 2026, with 16,522 received. It would give the most weight to two core factors: control over the work and the worker's opportunity for profit or loss. If both point the same way, that answer is likely correct. It would apply the same test under the FMLA and the Migrant and Seasonal Agricultural Worker Protection Act.

No final rule appeared on the DOL rulemaking page when we checked. If one is published, the classification of borderline workers under federal wage law could shift, but the IRS test and state tests would not change with it.

States with an ABC test

Some states presume a worker is an employee unless you prove all three parts of an ABC test. These are stricter than the IRS test, because the "B" prong asks whether the work is outside your usual line of business. A web developer building your bakery's website can pass it; a baker working shifts in your bakery cannot.

ABC tests confirmed on state sources
StateWhere it appliesThe three prongs
CaliforniaDynamex, codified by AB 5(A) free from control and direction, (B) work outside the usual course of the hiring entity's business, (C) customarily engaged in an independently established trade or business
MassachusettsWage and hour laws, M.G.L. c.149 s.148B(1) free from control and direction, (2) outside the usual course of the employer's business, (3) customarily engaged in an independent trade, occupation, profession or business
IllinoisUnemployment insurance, 820 ILCS 405/212(A) free from control or direction, (B) outside the usual course of business or outside all places of business, (C) independently established trade or business

Sources: California Labor and Workforce Development Agency ABC test page; Massachusetts General Laws c.149 s.148B; Illinois Compiled Statutes 820 ILCS 405/212. Checked October 16, 2026.

Other states use ABC tests for unemployment insurance too. We list only the ones we confirmed on the state's own source; New Jersey's pages would not load when we checked. State payroll rules for each state are in the payroll tax hub.

Form SS-8: asking the IRS to decide

If you are unsure, either you or the worker can file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. The current form is the December 2023 revision, with instructions dated January 2024.

The IRS says a determination can take at least six months, so SS-8 is not a way to decide before a start date. It also answers only the federal tax question. A state agency or the DOL can reach a different result for unemployment or wage claims.

If you got it wrong: back taxes and Section 530 relief

When a contractor is reclassified as an employee, you owe the employment taxes you did not withhold or pay. Section 530 of the Revenue Act of 1978 can relieve you of federal employment tax for that worker, but only if you meet all three tests:

  1. Reporting consistency. You filed the required 1099s on time, consistent with treating the worker as a contractor.
  2. Substantive consistency. You (or a predecessor) have not treated this worker, or anyone in a substantially similar job, as an employee after 1977.
  3. Reasonable basis. You relied on court precedent, a past IRS audit, long-standing practice in a significant part of your industry, or another reasonable basis such as an attorney's or accountant's advice.

The IRS limits are worth knowing before you count on it. Relief covers classification for federal employment tax only, not wage claims. It does not make the worker a contractor for other purposes. If you start issuing the person a W-2, you lose relief for later years. A worker found to be an employee owes only the employee half of FICA, through Form 8919.

We do not list penalty amounts here because they depend on the facts and on whether the IRS finds the misclassification intentional. Back taxes alone on a $60,000 worker are at least the 7.65% employer FICA you skipped: $4,590 a year.

The broader federal and state penalty picture is in our payroll compliance checklist.

Ways to hire without guessing, and what they cost

Options for paying a worker, monthly prices
RouteExample priceWho carries classification risk
Contractor payments, USSquare: $6 per contractor paid; QuickBooks Contractor Payments: $25 for up to 20 contractors, then $2 eachYou
Payroll software for employees and contractorsGusto Simple: $49 + $6 per person (contractors billed only in months paid)You
Contractor platform, internationalDeel: $49 per contractor; Remote Contractor Management: from $29You
Contractor of recordDeel: $325 per contractor; Remote: from $325 per contractorThe provider, under its contract terms
Employer of record (abroad)Deel: $599 per employee; Remote: from $599The provider is the legal employer

Source: Square, QuickBooks, Gusto, Deel and Remote pricing pages, checked October 16, 2026.

A contractor of record reviews the engagement and takes on classification liability for a fee. Remote's CM Plus tier (from $99) adds $100,000 of indemnity per contractor, up to $1 million in total. See what a contractor of record covers and contractor management platforms compared. If the worker is clearly an employee, put them on payroll: the best payroll software list shows what each provider charges.

Common W2 vs 1099 mistakes

  • Converting an employee to a contractor for the same job. It breaks the substantive consistency test, so Section 530 relief is gone for that role.
  • Skipping the 1099. Not filing the 1099-NEC breaks reporting consistency, the first Section 530 test.
  • Using the old $600 threshold. For 2026 payments, 1099-NEC reporting starts at $2,000.
  • Setting a contractor's schedule and handing them a company laptop. Both are control facts the IRS weighs.
  • Assuming the IRS answer settles state law. California, Massachusetts and Illinois (for unemployment) apply ABC tests.
  • Forgetting state contractor reporting. Florida, Oregon, Virginia, Ohio, Massachusetts, New Hampshire and Illinois are among the states that want contractors reported.
  • Comparing salary to contractor rate only. Add employer taxes, software, workers' comp and benefits. Our payroll taxes guide and payroll service cost breakdown fill in the rest.

Frequently asked questions

Is it better to be paid W2 or 1099?
It depends on which side you are on. A W-2 employee has income tax and 7.65% FICA withheld, and the employer pays a matching 7.65% plus unemployment taxes. A 1099 contractor gets the full payment with nothing withheld but pays both halves of Social Security and Medicare as self-employment tax and has no employer benefits, unemployment coverage or overtime protection (IRS, checked October 2026).
How much more does a W2 employee cost than a 1099 contractor?
For a worker paid $60,000 in Texas in 2026, employer taxes are $4,875 a year: $3,720 Social Security, $870 Medicare, $42 FUTA and $243 SUTA at the 2.70% new employer rate. Payroll software adds about $660 a year on Gusto Simple. Benefits and workers' comp come on top. A contractor has no employer taxes (IRS Publication 15, Texas Workforce Commission, checked October 16, 2026).
What decides whether a worker is W2 or 1099?
For federal tax, the IRS common-law test weighs behavioral control, financial control and the type of relationship, with no single factor deciding. For federal wage law, the DOL's 2024 economic reality rule is in force; a February 27, 2026 proposal to replace it was not final on October 16, 2026. California, Massachusetts and Illinois (for unemployment) use stricter ABC tests.
When do I have to send a 1099-NEC?
For payments made in 2026, file Form 1099-NEC for each contractor you paid $2,000 or more, up from $600 in earlier years. Both the IRS copy and the contractor's copy are due February 1, 2027, because January 31 falls on a Sunday (IRS 1099-NEC instructions, checked October 16, 2026).
Can I switch an employee to 1099?
Only if the job itself changes so the person truly controls the work. Moving someone doing the same job from W-2 to 1099 fails the IRS substantive consistency test, so Section 530 relief would not protect you, and the IRS control factors would likely still point to employee status (IRS Section 530 page, reviewed June 28, 2026).
How long does an IRS SS-8 determination take?
The IRS says a Form SS-8 determination can take at least six months. Either the business or the worker can file it. The current form revision is December 2023 (IRS, checked October 16, 2026).
What is Section 530 relief?
Section 530 of the Revenue Act of 1978 relieves a business of federal employment tax for workers it treated as contractors if it filed 1099s consistently, never treated similar workers as employees, and had a reasonable basis such as court precedent, a prior audit, industry practice or professional advice. It does not cover wage claims (IRS, reviewed June 28, 2026).
Sources (21)
  1. IRS: Independent contractor (self-employed) or employee? (checked Oct 16, 2026 (reviewed May 19, 2026))
  2. IRS: About Form SS-8 (checked Oct 16, 2026 (reviewed Mar 30, 2026))
  3. IRS: Worker reclassification: Section 530 relief (checked Oct 16, 2026 (reviewed Jun 28, 2026))
  4. IRS: Instructions for Forms 1099-MISC and 1099-NEC (checked Oct 16, 2026)
  5. IRS: Publication 15 (2026), Employer's Tax Guide (checked Oct 16, 2026)
  6. IRS: Topic 759, Form 940 and FUTA (checked Oct 16, 2026 (updated Sep 24, 2026))
  7. IRS: Instructions for Forms W-2 and W-3 (2026) (checked Oct 16, 2026)
  8. US Department of Labor: Independent contractor rulemaking (checked Oct 16, 2026)
  9. Federal Register: 91 FR 9932, Employee or Independent Contractor Status (proposed rule) (checked Oct 16, 2026 (published Feb 27, 2026))
  10. US Department of Labor, ETA: FUTA credit reductions (checked Oct 16, 2026 (updated Sep 11, 2026))
  11. California Labor and Workforce Development Agency: ABC test (checked Oct 16, 2026)
  12. Massachusetts Legislature: M.G.L. c.149 s.148B (checked Oct 16, 2026)
  13. Illinois General Assembly: 820 ILCS 405/212 (checked Oct 16, 2026)
  14. Texas Workforce Commission: Unemployment tax rates (checked Oct 16, 2026)
  15. California EDD: Rates and withholding (checked Oct 16, 2026)
  16. Cornell LII (statute text): 42 USC 653a, new hire reporting (checked Oct 16, 2026)
  17. Gusto: Gusto pricing (checked Oct 16, 2026)
  18. Square: Square Payroll pricing (checked Oct 16, 2026)
  19. Intuit QuickBooks: Contractor Payments (checked Oct 16, 2026)
  20. Deel: Deel pricing (checked Oct 16, 2026)
  21. Remote: Remote pricing (checked Oct 16, 2026)

This page is general information, not tax, legal or accounting advice. Rules and rates change, so check the official source linked above before you file or sign a contract. Read our disclaimer.

Checked Oct 17See Gusto pricing on Gusto’s site