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1099 vs W-2: contractor or employee

A W-2 is for employees, whose taxes the employer withholds. A 1099-NEC is for independent contractors paid $2,000 or more in 2026 ($600 for payments made in 2025), who pay their own income and self-employment tax. Pay stubs with withholding are for employees.

Updated 2026-10-02 · 2026 tax year

Control is the test

The IRS looks at behavioral control, financial control and the relationship. If you set the hours, supply the tools and direct the work, the worker is probably an employee.

What changes for the payer

For employees you withhold income tax and FICA, pay the employer share of FICA and unemployment tax, and issue a W-2. For contractors you collect a W-9 and issue a 1099-NEC.

Misclassification

Treating an employee as a contractor can lead to back taxes, penalties and interest. When in doubt, ask a tax professional or file Form SS-8 with the IRS.

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