Module Navigation

Tax Forms for Employees and Independent Contractors for Payroll

Understanding the correct tax forms for employees and independent contractors is essential to ensure compliance, accurate withholding, and proper year-end reporting. Collecting the required forms and tax identification information early in the onboarding process reduces risk and avoids compliance issues.

Forms Used for Employee Tax Withholding

Form W-4 (Employee’s Withholding Certificate)

Each employee must complete Form W-4 to indicate how much federal income tax should be withheld from their paycheck. Employers rely on this form to apply the correct withholding.

Federal tax withholding formulas are based on:

  • Taxable wages
  • Pay frequency (weekly, biweekly, semimonthly, etc.)
  • Filing status (single, married filing jointly, head of household)
  • Adjustments in Steps 2–4 (dependents, additional income, deductions, extra withholding, or exempt status)

If an employee does not submit Form W-4:

  • Withhold as Single, no adjustments (default setting).
  • If the employee claims Exempt, it expires each year on February 15. If no new form is submitted, withholding defaults back to Single, no adjustments.

State and Local Withholding Certificates

  • 41 states and D.C. require separate state withholding forms.
  • Some local jurisdictions (cities, counties, school districts) also require their own certificates.
  • Employers must collect these additional forms when applicable to ensure compliance.

Using IRS Publication 15-T to Calculate Federal Income Tax

Since 2020, the IRS has required employers to use Publication 15-T to calculate withholding. It is updated annually and provides formulas for accurate calculations.

Key details:

  • Includes seven worksheets; Worksheet 1 (Percentage Method for Automated Payroll Systems) is the most relevant.
  • Supports both pre-2020 and post-2020 versions of Form W-4.
  • Simulates annual tax liability, then breaks it down per paycheck.

Employees can use the IRS Tax Withholding Estimator to check if their W-4 entries are correct.

Forms for Independent Contractors

Form W-9 (Request for Taxpayer Identification Number and Certification)

Independent contractors do not complete Form I-9 or Form W-4 and do not receive a W-2. Instead:

  • They provide a Taxpayer Identification Number (TIN), which can be a Social Security Number (SSN) or an Employer Identification Number (EIN).
  • They are typically issued a Form 1099-NEC (Nonemployee Compensation) for tax reporting.

The best practice is to request a completed Form W-9 at the start of the relationship.

Why Collecting the TIN Matters

If a contractor does not provide a TIN:

  • The company must apply backup withholding (currently 24%) on all payments.
  • Backup withholding continues until a valid TIN is received.

Once the TIN is provided:

  • Backup withholding stops (unless the contractor requests otherwise).
  • The company avoids filing Form 945 for backup withholdings.
  • The risk of penalties for incorrect reporting on Form 1099-NEC decreases.

Note: While it’s possible to obtain the TIN from an invoice or contract, using Form W-9 is the most reliable and audit-friendly method. If collected outside of a W-9, the TIN should be validated using the IRS TIN Matching System.

Summary

  • Employees → Complete Form W-4 (and state/local equivalents, if applicable). Employers use Publication 15-T to calculate withholding.
  • Independent contractors → Provide a Form W-9 with a valid TIN. Employer issues Form 1099-NEC at year-end.
  • Collecting forms early ensures compliance and prevents penalties, delays, or unnecessary withholding.

Resources

You can also refer to either of the following official government resources:

Was this article helpful?
0 out of 0 found this helpful