- 7 - SEC. 3121(d). Employee.--For purposes of this chapter, the term “employee” means-- (1) any officer of a corporation; or (2) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (3) any individual (other than an individual who is an employee under paragraph (1) or (2)) who performs services for remuneration for any person-- (A) as an agent-driver or commission- driver * * *; (B) as a full-time insurance salesman; (C) as a home worker * * *; or (D) as a traveling or city salesman * * *; * * * [under specified conditions]; or (4) any individual who performs services that are included under an agreement entered into pursuant to section 218 of the Social Security Act. Regulations promulgated under section 3121(d) clarify the scope of the inclusion in paragraph (1) for corporate officers, as follows: Generally, an officer of a corporation is an employee of the corporation. However, an officer of a corporation who as such does not perform any services or performs only minor services and who neither receives nor is entitled to receive, directly or indirectly, any remuneration is considered not to be an employee of the corporation. * * * [Sec. 31.3121(d)- 1(b), Employment Tax Regs.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011