Commission only W2

Forum|Forum|3 years ago
September 1, 2022
3 replies
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I am considered a W2 employee but I am commission only. No Salary. No reimbursement. Am I allowed to deduct my expenses? What if my ex itemized when we filed married filing separately?

ItsDeductible Online

Critter-3

Level 15

A W-2 employee cannot deduct any business expenses on the tax return (from 2018 thru 2025) and if you file separately you and the other spouse must both use the standard deduction or both use the itemized deduction ... so if one party itemizes the other must also itemize even if they have nothing to itemize.

Mike9241

Level 15

if you are not married on the last day of the tax year your only options are filing single or head of household. in neither case does it matter what the ex did regarding itemized or standard deduction

WallysWorldAuthor

Level 2

we divorced march the following year so we were still married(separated) during that tax year.

TomD8

Alumni - Champ

It's been a while. I may have misremembered the degree to which HOH uncouples the spouses.

@Carl11_2 wrote:

"Not sure, but I think it matters if the "statutory employee" box is checked on the W-2. Can someone more in the know than me, comment on that? Can one claim expenses on the SCH C if that box is checked?"

The answer is Yes. If the "Statutory Employee" box is checked in the W2, the taxpayer reports their wages and expenses on Schedule C.

https://www.irs.gov/pub/irs-pdf/i1040sc.pdf

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

Carl

Level 11

I am considered a W2 employee but I am commission only.

Not sure, but I think it matters if the "statutory employee" box is checked on the W-2. Can someone more in the know than me, comment on that? Can one claim expenses on the SCH C if that box is checked?