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Who is an employee or payee?

Answer #124 -- ( Published 08/05/2005 11:15 AM | Updated 01/31/2018 10:31 AM )

Who is an employee or payee?

An employee is either

  • a person who performs services subject to the legal control and direction of an employer or
  • an Illinois resident who receives payments on which federal income tax is withheld by the employer.

A payee is a person who receives non-wage income, gambling or lottery winnings, or a lump sum payment for rights to lottery winnings.

Note: An individual who has a proprietary interest in a business that he or she can legally sell, give away, or operate without hindrance of any other party is self-employed. These individuals are not subject to withholding tax requirements.

See Publication 130, Who Is Required to Withhold Illinois Income Tax or IRS Publication 15 Circular E, Employer’s Tax Guide, for more information.

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