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If the statutory employee box on your W-2 (box 13) is not marked, do NOT mark it on your W-2 entry form.
You would probably know if you were a statutory employee. According to the IRS:
If workers are independent contractors under the common law rules, such workers may nevertheless be treated as employees by statute (statutory employees) for certain employment tax purposes if they fall within any one of the . . . four categories and meet . . . three conditions described under Social Security and Medicare taxes , below.
For additional information, see Statutory Employees on the IRS website.
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