pk
Level 15
Level 15

Get your taxes done using TurboTax

@sadie-glory , the term "employee" as in statutory employee implies  that the income be treated as wages  and as  such  FICA, Federal and State taxes should be withheld by the employer . If the employer ( perhaps in error ) issues a 1099-NEC, then the FICA/SECA  ( plus  Federal and State is your responsibility ).   Note that it is to your advantage  for the employer to consider  this as wages , since then  you pay only half of the FICA/SECA taxes  while the employer pays the other half ( for 1099-NEC  it is all your to pay ).

 

Does that make sense ?

 

pk