US Tax Tools

W-2 Box 13 — Statutory employee · Retirement plan · Third-party sick pay

Three checkboxes (not dollar amounts): Statutory employee, Retirement plan coverage, Third-party sick pay. Each has separate tax-return implications.

At a glance — Box 13

Box name
Statutory employee · Retirement plan · Third-party sick pay
Reports to
Varies — statutory employee amounts go to Schedule C; retirement plan box affects IRA deductibility.
Check against
Your employment classification and plan membership — check with HR if uncertain.

What Box 13 means

Box 13 is three separate checkboxes on the W-2, each triggered by a specific situation. Statutory employee means you are a W-2 employee for FICA purposes but an independent contractor for income tax purposes — your Box 1 wages go on Schedule C (where you can deduct related business expenses) instead of Line 1a of the 1040.

Retirement plan marks you as an 'active participant' in an employer-sponsored retirement plan for any part of the year. This triggers the traditional IRA deduction phase-out under §219(g): if covered, your IRA deduction phases down to zero over an income range that is indexed annually by the IRS — see IRS Publication 590-A for the current year's MAGI thresholds.

Third-party sick pay indicates that some or all of your W-2 wages came from an insurance company paying short-term or long-term disability — relevant for state disability benefits and federal income tax treatment.

Tax return implications

  • Statutory employee: Box 1 goes to Schedule C Line 1 (allowing deductions); FICA already paid is NOT additionally taxed on Schedule SE.
  • Retirement plan: triggers IRA deduction phase-outs on Form 1040 Schedule 1, Line 20.
  • Third-party sick pay: typically taxable and federal income tax may not have been withheld — check Form 1040 carefully.

Common pitfalls & things to check

  • Statutory employee status applies only to four categories: agent-drivers, full-time life insurance salespeople, home-workers following employer specifications, and full-time traveling or city salespeople. It is not 'independent contractor with a W-2'.
  • Even being covered for one day in a year triggers the Retirement plan box — and the IRA phase-out — so check your W-4 / HR record if uncertain.
  • Third-party sick pay boxes sometimes have incomplete income-tax withholding; expect to owe at filing time unless you sent Form W-4S to the payer.

Related W-2 boxes

Reconciling your W-2 at tax time? Use the paycheck calculator to verify expected federal, Social Security, and Medicare withholdings on your salary, and the federal income tax calculator to estimate your refund or balance owing before you file.

Sources

W-2 box definitions per IRS General Instructions for Forms W-2 and W-3 and IRC §6051. Rates and thresholds current for tax year 2025 (file by April 15, 2026); 2026 figures included where published.

Last updated May 14, 2026 Tax year 2025-26

Data sources: IRS (irs.gov), Social Security Administration

This tool is general information only, not financial advice.

Reviewed by USTax Tools Editorial Desk

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