Can LLC Have W2 Employees?

Can an LLC Member be a W-2 Employee?

LLCs can have W-2 employees and 1099 independent contractors.

Can a Partner Take a Salary?

Partners in an LLC, also known as members, aren’t considered employees.

Single Member LLC and W-2 Salary

A single member LLC taxed as a corporation can pay itself a salary as a W-2 employee.

Understanding W-2 vs 1099 Workers

  • W-2 Employee: Works for a company, receives benefits, and follows the company’s schedule.
  • 1099 Worker: Self-employed, sets their own schedule, and receives a 1099-MISC.

W-2 Employee Benefits

W-2 employees may receive health insurance, retirement contributions and paid leave.

Eligibility for W-2 Employment

Citizens, green card holders, and H-1B visa holders can work as W-2 employees. Only citizens and green card holders can work as 1099 contractors.

Combination of W-2 Employee and 1099 Contractor

You can work as both a W-2 employee and 1099 contractor if the roles are different. Proper classification avoids IRS penalties.

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