Tax & Structure

1099 vs W-2 as a Locum Physician: What You Need to Know

6 min readFalcon Locums Editorial Team

Most locum tenens physicians work as 1099 independent contractors. Here's what that actually means for your taxes, your liability, and how you get paid.

The default: 1099 independent contractor

Most locum tenens staffing agencies — including Falcon Locums — pay physicians as 1099 independent contractors. This means no taxes are withheld from your pay. You receive your full day rate and are responsible for paying federal income tax, self-employment tax (15.3% on net earnings), and any applicable state income taxes on a quarterly estimated basis.

What changes when you're 1099

  • You pay both the employee and employer share of Social Security and Medicare (self-employment tax)
  • You're responsible for quarterly estimated tax payments — failure to pay quarterly triggers penalties
  • You can deduct legitimate business expenses: malpractice insurance, licensing fees, CME, home office, professional memberships, and travel not covered by the agency

Should you form an LLC or S-Corp?

Many locum physicians — especially those earning above $100K/year in locums income — form an LLC taxed as an S-Corp to reduce self-employment tax. The structure allows you to pay yourself a reasonable salary (subject to SE tax) and take the remainder as a distribution (not subject to SE tax). The savings can be significant at higher income levels. This is a decision to make with a CPA who has healthcare and locums experience — not something to DIY.

W-2 employment in locums — when does it happen?

Some staffing agencies employ their physicians as W-2 employees. In this structure, the agency withholds taxes and pays the employer share of FICA. Physicians receive a lower gross rate but have simplified tax obligations. W-2 may also affect your eligibility for certain deductions. Some states (notably California) require W-2 employment for certain provider types.

What Falcon Locums uses

Falcon Locums pays physicians as 1099 independent contractors. Your full day rate is paid weekly via direct deposit. We provide 1099-NEC documentation at year end. We strongly recommend working with a CPA experienced in locum tenens tax structure before your first assignment.

Bottom line

  • 1099 is the standard in locums — higher gross pay, more tax responsibility
  • Form an LLC/S-Corp if your locums income is significant — talk to a CPA first
  • Track your deductible expenses from day one — licensing, CME, and travel add up

This article is for informational purposes only and does not constitute tax or legal advice. Consult a qualified CPA or tax attorney for guidance specific to your situation.

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