Small Business Taxes

W‑2 vs. 1099 Workers: Tax Implications and Compliance Tips

Updated 2025-10-28

The difference between employees and contractors, classification tests, payroll obligations, and risk management.

  1. Classification tests
  2. Tax and payroll implications
  3. Contracts & controls
  4. Risks & corrections

Classification tests

Review behavioral and financial control, and the nature of the relationship, to classify correctly.

Tax and payroll implications

Employees require withholding, employer payroll taxes, and benefits; contractors receive gross payment and 1099 reporting.

Contracts & controls

Written agreements, deliverables, and independence indicators support contractor status when appropriate.

Risks & corrections

Misclassification can trigger back taxes, penalties, and interest. Consider voluntary classification settlement options if needed.