Back to Glossary

What 1099 Employee?

A 1099 employee is another term for an independent contractor or freelancer in the U.S. They receive income in the form of a 1099-MISC or 1099-NEC tax form, rather than a W-2 form which is used for full-time employees. The term "1099" refers to the Internal Revenue Service (IRS) tax form number that is used to report income earned by individuals who are not considered employees.

On This Page

What 1099 Employee?

Ready To Get Started?
Let's Chat

On This Page

What 1099 Employee?

Ready To Get Started?
Let's Chat

What Are The Rules Of Employment?

Independent contractors or 1099 employees are subject to specific rules governing their employment status. Unlike full-time employees (also known as W-2 employees) they are considered self-employed and are responsible for managing their own taxes, insurance, and other financial aspects.

These individuals typically work on a short term or project-by-project basis, offering specialized services to clients.

What About Taxes?

One of the key distinctions between independent contractors and full-time employees is how taxes are handled. Unlike full-time or W-2 employees, 1099 workers are responsible for both the employer and employee portions of payroll taxes. This includes Social Security and Medicare taxes, as well as income tax. Understanding tax obligations is crucial to avoid potential issues with the IRS.

How Does a 1099 Employee Differ from A W-2 Employee?

The fundamental difference between the two lies in their employment relationship. While W-2 employees have an employer who withholds taxes and provides benefits, 1099 employees are independent contractors who must manage their own taxes and benefits.

Full-time (W-2) employees often receive statutory and non-mandatory benefits such as:

  • Health insurance
  • Retirement plans
  • Paid time off
  • Workers' compensation
  • Unemployment insurance

By contrast, 1099 employees are responsible for securing their own benefits. This can include purchasing individual health insurance plans, contributing to retirement accounts, and managing their time off according to their contract terms.

Independent contractors also have a greater degree of independence than full-time employees. They set their own schedules, arrange their own equipment and can take on projects from multiple clients. On the downside, they usually don't enjoy the same type of relationship with their clients as full-time employees have with their employers. Given the part-time nature of their work, they typically aren't fully integrated in a team or company culture.

How Many Hours Can They Work?

Unlike W-2 employees who often work set hours, they typically have more flexibility in determining their work hours. The specific number of hours a 1099 employee can work depends on the terms outlined in their contract with the client and the specific work performed per project.

The flexible nature of this arrangement allows independent contractors to take on multiple projects simultaneously.

What is Form 1099-NEC?

The IRS issues Form 1099-NEC to report income earned by independent contractors. This form is crucial for both the 1099 employee and the client, as it details the total amount paid to the contractor during the tax year. Accurate and timely filing of this form is essential for tax compliance.

Examples of 1099 Employees:

Examples span various industries, including:

  • Freelance writers
  • Graphic designers
  • Consultants
  • Software developers

These professionals typically offer specialized skills and services on a contractual basis, highlighting the diverse nature of 1099 employment.

How is Their Salary Determined?

Unlike traditional employees with fixed salaries, 1099 employees are compensated based on the terms outlined in their contracts. They may receive project-based payments, hourly rates, or other agreed-upon compensation structures. Negotiating fair and transparent compensation is essential for both parties involved in the independent contractor relationship.

What Are The Rules Of Employment?

Independent contractors or 1099 employees are subject to specific rules governing their employment status. Unlike full-time employees (also known as W-2 employees) they are considered self-employed and are responsible for managing their own taxes, insurance, and other financial aspects.

These individuals typically work on a short term or project-by-project basis, offering specialized services to clients.

What About Taxes?

One of the key distinctions between independent contractors and full-time employees is how taxes are handled. Unlike full-time or W-2 employees, 1099 workers are responsible for both the employer and employee portions of payroll taxes. This includes Social Security and Medicare taxes, as well as income tax. Understanding tax obligations is crucial to avoid potential issues with the IRS.

How Does a 1099 Employee Differ from A W-2 Employee?

The fundamental difference between the two lies in their employment relationship. While W-2 employees have an employer who withholds taxes and provides benefits, 1099 employees are independent contractors who must manage their own taxes and benefits.

Full-time (W-2) employees often receive statutory and non-mandatory benefits such as:

  • Health insurance
  • Retirement plans
  • Paid time off
  • Workers' compensation
  • Unemployment insurance

By contrast, 1099 employees are responsible for securing their own benefits. This can include purchasing individual health insurance plans, contributing to retirement accounts, and managing their time off according to their contract terms.

Independent contractors also have a greater degree of independence than full-time employees. They set their own schedules, arrange their own equipment and can take on projects from multiple clients. On the downside, they usually don't enjoy the same type of relationship with their clients as full-time employees have with their employers. Given the part-time nature of their work, they typically aren't fully integrated in a team or company culture.

How Many Hours Can They Work?

Unlike W-2 employees who often work set hours, they typically have more flexibility in determining their work hours. The specific number of hours a 1099 employee can work depends on the terms outlined in their contract with the client and the specific work performed per project.

The flexible nature of this arrangement allows independent contractors to take on multiple projects simultaneously.

What is Form 1099-NEC?

The IRS issues Form 1099-NEC to report income earned by independent contractors. This form is crucial for both the 1099 employee and the client, as it details the total amount paid to the contractor during the tax year. Accurate and timely filing of this form is essential for tax compliance.

Examples of 1099 Employees:

Examples span various industries, including:

  • Freelance writers
  • Graphic designers
  • Consultants
  • Software developers

These professionals typically offer specialized skills and services on a contractual basis, highlighting the diverse nature of 1099 employment.

How is Their Salary Determined?

Unlike traditional employees with fixed salaries, 1099 employees are compensated based on the terms outlined in their contracts. They may receive project-based payments, hourly rates, or other agreed-upon compensation structures. Negotiating fair and transparent compensation is essential for both parties involved in the independent contractor relationship.

Compare locations to hire remotely

Estimate how much an employee really costs. Use our free employee cost calculator to determine the true cost of employment.

Calculate Now

Unlock Global Hiring Opportunities with Comprehensive Guides

Explore global hiring from the Bahamas to Germany and beyond with our guides.

View Hiring Guides

The Latest HR News 
& Playroll Updates

Stories, insights and advice on remote work and global employment that will transform how you build teams and scale your workforce.

View Blog

About Playroll

Playroll is a global employment platform that enables businesses to hire around the world. Playroll was designed to elevate how you hire, onboard, manage, and pay your global workforce all while ensuring compliance, helping your teams work faster and your business accelerate growth.

Scale the way you work with Playroll, built for distributed teams.

Thousands of companies across hundreds of countries Trust Playroll With Their People. You can too.

More Tools And Resources

Thousands of Global businesses Can't be wrong.

Sign up for free and explore global hiring with Playroll.