Can A Statutory Employee Set Up A Plan?

[Stash026]

I have a doctor who is considered a statutory employee who wants to setup a plan for himself.  All of his income will be funneled into a Schedule C (there's no 1099 or W2).  Any thoughts on if he could setup a plan based on that income?

Thanks in advance everyone!

[Bill Presson]

See here: https://benefitslink.com/cgi-bin/qa.cgi?n=49&db=qa_who_is_employer

[imchipbrown]

Bill, does that mean the doctor shouldn't be "considered a Statutory employee".  Doctors don't seem to be "falling into one of 4 categories: agent-driver, full-time life insurance salesperson, home worker, or traveling or city salesperson" .  More like an independent contractor?

[Larry Starr]

On 12/17/2019 at 2:21 PM, Stash026 said:

I have a doctor who is considered a statutory employee who wants to setup a plan for himself.  All of his income will be funneled into a Schedule C (there's no 1099 or W2).  Any thoughts on if he could setup a plan based on that income?

Thanks in advance everyone!

Statutory employee is a very specific definition and I would doubt that it applies to a doctor.  What do you mean by statutory employee?  Who said he is a statutory employee?  And what do you mean when you say there is no 1099 or W-2? I understand that there is no W-2 since he is not an employee of anyone else.  Where does his income come from?  And does he have another business where he has other income and employees?  We need to know a lot more than you have included, and I question whether the facts presented are correct.

[Bill Presson]

On 12/19/2019 at 12:13 PM, imchipbrown said:

Bill, does that mean the doctor shouldn't be "considered a Statutory employee".  Doctors don't seem to be "falling into one of 4 categories: agent-driver, full-time life insurance salesperson, home worker, or traveling or city salesperson" .  More like an independent contractor?

Chip, I think Larry covered most of the concerns, but the doctor not being a statutory employee was the main one that I had.