Side-by-side comparison
Employees on payroll
Independent contractors, freelancers, gig workers
Employer, for every employee paid any wages
Client/payer, when payments reach $600 or more in the year
Employer withholds federal, state and local tax per Form W-4
No withholding — the contractor pays estimated tax quarterly
Employee pays 7.65%; employer pays a matching 7.65%
Contractor pays the full 15.3% self-employment tax
Very limited since 2018
Ordinary and necessary business expenses on Schedule C
Health plans, retirement match, PTO, workers’ comp
None — the contractor funds their own (SEP-IRA, Solo 401(k))
Covered by FLSA and state wage law
Not covered; paid per contract
Employer pays FUTA/SUTA; worker may claim benefits
Generally not eligible
Pay stub each period plus a W-2 in January
Invoices and a 1099-NEC in January
Form 1040 with W-2 data
Form 1040 with Schedule C and Schedule SE
January 31
January 31
Employer sets hours, tools and methods
Contractor controls how and when the work is done
The classification test, in practice
The IRS looks at three categories of evidence. None of them alone is decisive, and a signed contract calling someone a contractor does not settle it.
- Behavioral control — who sets the hours, sequence, tools and methods, and whether the worker is trained by the company.
- Financial control — who supplies equipment, whether the worker has unreimbursed costs, can work for other clients, and can make a profit or a loss.
- Type of relationship — permanency, benefits, and whether the work is central to the business. A worker doing core, ongoing work under direction is almost always an employee.
Some states apply a stricter ABC test, where a worker is an employee unless they are free from control, perform work outside the company's usual business, and are independently established in that trade.
Tax math on the same $80,000
Figures are illustrative for a single filer and current federal rates; state tax and credits change the outcome. Confirm your own numbers with a tax professional.
Frequently asked questions
What is the main difference between a 1099-NEC and a W-2?+
A W-2 reports wages paid to an employee with taxes already withheld. A 1099-NEC reports total non-employee compensation paid to an independent contractor with nothing withheld, so the contractor is responsible for income tax and the full 15.3% self-employment tax.
Do I pay more tax on 1099 income than W-2 income?+
Usually yes on payroll taxes: a contractor pays both halves of Social Security and Medicare (15.3%) instead of 7.65%. Half of that is deductible, and business expenses plus the qualified business income deduction can offset part of the difference, but contractors should budget roughly 25–35% of net income for federal tax.
When did 1099-MISC change to 1099-NEC?+
Beginning with tax year 2020, non-employee compensation moved from Box 7 of Form 1099-MISC to the reinstated Form 1099-NEC. Form 1099-MISC still exists for rent, royalties, prizes and other payments.
Can someone be both a W-2 employee and a 1099 contractor?+
Yes — you can hold a payroll job and separate contract work, and you would receive both forms. The same company can only treat you both ways if the contract work is genuinely different in nature and control from your employee duties; otherwise the IRS treats all of it as wages.
How does the IRS decide if a worker is an employee or a contractor?+
The IRS weighs behavioral control (who directs how the work is done), financial control (who supplies tools, whether there is opportunity for profit or loss) and the type of relationship (written contract, benefits, permanency, whether the work is core to the business). No single factor decides it; the whole relationship is examined.
What happens if an employer misclassifies me as a 1099 contractor?+
You can file Form 8919 to report uncollected Social Security and Medicare on wages, and Form SS-8 to ask the IRS to determine your status. Employers who misclassify can owe back payroll taxes, penalties, unpaid overtime and benefits.
Do contractors need pay stubs?+
No employer is required to issue one, but landlords, lenders and visa offices routinely ask contractors for proof of income. Contractors typically show invoices, bank deposits, 1099-NECs and a self-employment earnings statement.
What if I never received my 1099-NEC?+
You still must report the income. Reconstruct it from invoices and bank deposits, request a copy from the payer, and check your IRS online account or a wage and income transcript later in the year to confirm what was reported.
Do I need to file a 1099-NEC as a small business owner?+
File one for each unincorporated person or business you paid $600 or more for services during the calendar year, by January 31, and collect a Form W-9 before paying. Payments made by credit card or through a third-party network are reported by the processor instead.
Which form should I generate for my situation?+
If the worker is on payroll with withholding, generate a pay stub during the year and a W-2 at year end. If the worker is a contractor paid per invoice, generate a 1099 and, if income proof is needed, a self-employment earnings statement.