13 — Statutory Employee, Retirement Plan, Third-Party Sick Pay Updated for tax year 2025

What this line means

Three checkboxes that flag specific employment situations. “Statutory employee” means you are treated as an employee for FICA but as self-employed for income tax purposes. “Retirement plan” means your employer offered a qualified retirement plan (401(k), 403(b), pension) during the year. “Third-party sick pay” means the wages on this W-2 include disability payments from an insurance carrier, not your employer directly.

Does this apply to you?

• You are a statutory employee (certain delivery drivers, life insurance agents, home workers, or traveling salespeople) and the Statutory Employee box is checked
• Your employer sponsors a 401(k), 403(b), pension, or similar retirement plan — even if you chose not to contribute
• You received short-term or long-term disability pay from a third-party insurer through your employer’s plan

Easy to overlook

The Retirement Plan checkbox affects your IRA deduction If the Retirement Plan box is checked and your income exceeds certain thresholds, your traditional IRA contribution may not be fully deductible. For 2025, the deduction starts phasing out at $79,000 AGI (single) or $126,000 (MFJ). The checkbox being checked does not mean you participated — it means you were eligible. Filers who never enrolled in their 401(k) still have the box checked, and it still limits their IRA deduction. ¹ [SOURCE: IRS Publication 590-A — Roth IRA contribution deductibility and retirement plan participation]

Statutory employees file Schedule C, not as regular employees If the Statutory Employee box is checked, you report Box 1 income on Schedule C, not Form 1040 Line 1a. This lets you deduct business expenses directly against that income. However, statutory employees do not pay self-employment tax on Schedule C income because FICA was already withheld through the W-2. Filing on Line 1a instead of Schedule C means losing deductions you are entitled to. ² [SOURCE: IRS Publication 15-A — Employer’s Supplemental Tax Guide (Statutory Employees)]

Watch out for this

Assuming the Retirement Plan checkbox means you contributed to a retirement plan. The box is checked if you were merely eligible to participate in any qualified plan your employer offered. This catches people who declined enrollment — they see the checkbox and assume their employer made a mistake. The IRS uses this checkbox to determine IRA deduction eligibility, so contesting it with your employer is rarely productive unless the plan genuinely did not cover you.

Related lines on your return

• Box 12 — Form W-2 — Codes D, E, G, AA, BB show actual retirement plan contribution amounts
• Schedule C — Form 1040 — Where statutory employees report their Box 1 income and deduct business expenses
• Form 8889 — HSA — Retirement plan participation does not affect HSA eligibility, only traditional IRA deductibility