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March 5, 2023
Question

On my W-2 box 13 isn't checked, but the form on here is requiring me to check one. Do I check Statutory employee?

  • March 5, 2023
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March 5, 2023

Box 13 of Form W-2 is where your employer can provide info to the IRS about whether you're a statutory employee, if you're enrolled in a retirement plan, and whether you received third-party sick pay. You do not need to check any of the options in Box 13 in TurboTax unless they are checked on your Form W-2.

 

It's pretty common for the retirement plan box to be checked—this just means you're enrolled in a retirement plan from your employer. The other two options are less common and have specific requirements.

 

Statutory employees are somewhere in between independent contractors and regular employees and have a special designation with specific rules. See here for more information. Life insurance agents are a typical example of statutory employees.

 

Most people are not statutory employees—they're regular employees who work for an employer. If you're a regular employee, this box should be unchecked on your W-2 and you can leave this field blank.

 

This third-party sick pay box should only be checked if you received payments from any type of disability insurance. This type of insurance provides benefits to employees that can't work due to an illness or an injury not related to their work.

 

See this thread for another discussion of this issue.

 

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