cmoney
New Member

Am I a statutory employee (life insurance agent)?

  • My job in 2017 fits the following definition under 26 U.S. Code § 3121:
  • "A full-time life insurance sales agent whose principal business activity is selling life insurance or annuity contracts, or both, primarily for one life insurance company."
  • My job also satisfies the following criteria:
  • "The service contract states or implies that substantially all the services are to be performed personally by the worker;
  • The worker does not have a substantial investment in the equipment and property used to perform the services (other than an investment in transportation facilities); and
  • The services are performed on a continuing basis for the same payer."
  • However, the W-2 I received does not have the statutory employee boxed checked off. Can I file as a statutory employee?