Self-Employment — Contractors vs Employees
Year-one decision: every person on the team works as their own LLC or sole proprietorship and bills Augmented Traveler as an independent contractor. This note records what that saves compared with hiring W-2 employees, what it shifts onto each contractor, and what the studio still has to do.
These figures are general 2026 US numbers for planning. Confirm classification, state rules and contracts with an employment attorney or CPA before anyone starts work.
Do the budget's full-time rates include employer costs?
Yes, in the personnel model. The "full-time remote employee" lines in Year One Budget — Personnel cost base salary × (1 + 25–35% employer load). That load covers the employer's payroll taxes and benefits.
Federal income-tax withholding is not an extra cost. It comes out of the employee's own pay; the employer only sends it on. The same is true of the employee's half of Social Security and Medicare.
What a W-2 employee costs on top of salary
Worked example: one employee paid $130,000 a year (about the middle of the Unreal and AI engineer ranges).
| Cost | Rate (2026) | On $130,000 |
|---|---|---|
| Social Security (employer share) | 6.2% of wages up to the $184,500 wage base | $8,060 |
| Medicare (employer share) | 1.45%, no cap | $1,885 |
| Federal unemployment tax (FUTA) | 0.6% of the first $7,000 (after state credit) | $42 |
| State unemployment tax (SUTA) | about 1–4% of the state wage base (new-employer rates vary) | about $300–$2,000 |
| Workers' compensation | low for office and remote work; varies by state | about $150–$650 |
| Required by law, subtotal | about 8–10% | about $10,500–$12,600 |
| Health insurance (employer share, single coverage) | KFF 2025 average single premium $9,325; employer typically pays about 80–85% | about $7,500–$8,000 |
| 401(k) match | 3–4% is typical | $3,900–$5,200 |
| Payroll service or PEO | about $50–$150 per employee per month | $600–$1,800 |
| Typical total load | about 20–35% | about $23,000–$28,000 |
Paid time off and holidays are not a separate cash cost; they are paid days with no work. They reduce the hours bought, not the dollars spent.
Family coverage raises the health-insurance line a lot: the KFF 2025 average family premium is about $26,993, with the employer paying most of it.
For comparison, the BLS Employer Costs for Employee Compensation survey puts benefits at about 30% of total compensation in private industry. That figure includes paid leave and larger-company benefits, so a small startup package usually comes in lower.
What changes when each person is their own LLC
What the studio no longer pays:
- employer Social Security and Medicare, FUTA and SUTA;
- workers' compensation for contractors (they cover themselves);
- benefits: health insurance, 401(k) match, paid leave;
- payroll processing and withholding.
What moves onto the contractor:
- Self-employment tax of 15.3% (both halves of Social Security and Medicare), plus their own income tax, paid through quarterly estimates;
- their own health insurance, retirement, equipment, insurance and unpaid time off.
What that means for the rate: contractors price all of this in. Expect them to charge about 20–40% more than the matching salary would work out to per hour. So the saving is smaller than the load suggests. The studio mainly gains flexibility and less administration, not a large cash saving.
Effect on this budget: Scenario B priced the Unreal, AI and DevOps engineers as full-time employees with the 25–35% load. If they bill as LLCs at a normal contractor premium instead, their cost will be about the same. The roles that were already priced as contracts don't change.
What the studio still has to do
- Collect a W-9 from each contractor before the first payment.
- File a 1099-NEC by 31 January for each contractor paid $600 or more in the year. This does not apply to payments to an LLC taxed as a corporation; the W-9 shows which kind it is.
- Sign a written contract with each person that includes:
- a statement of work: deliverables, milestones, rate, invoicing;
- IP assignment: all character, likeness, code and corpus work belongs to Augmented Traveler (this matters for the historical characters and their digital-replica consents);
- confidentiality;
- proof of the contractor's own insurance (general liability; errors and omissions for engineers).
- Pay by invoice through a contractor-payments platform, not through payroll.
- Keep contractors independent in practice. They set their own hours and methods, use their own tools, can work for other clients, and are managed by deliverable, not supervised day to day.
Misclassification risk
The IRS and the states decide classification by how the work is actually done, not by what the contract calls it. Some states are much stricter than the IRS.
- Massachusetts (where Nantucket is) uses a strict ABC test. All three prongs must hold for someone to be a contractor:
- A: the person is free from the studio's control and direction;
- B: the work is outside the usual course of the studio's business;
- C: the person has an independently established business in that trade.
- Prong B is the problem. Building virtual historical characters is Augmented Traveler's business, so a full-time Unreal or AI engineer building them is hard to call a contractor under Massachusetts law.
- California and several other states use similar ABC tests. Rules depend on where each remote person lives and works.
- Penalties can include back payroll taxes, unpaid overtime, benefits, interest and fines, and in Massachusetts possible triple damages for wage claims.
Lower-risk options:
- Keep true contractors on defined, task-bound engagements (most of the Scenario B contract roles already are).
- For anyone working effectively full-time (the Unreal, AI and DevOps engineers), use an employer of record (EOR) or PEO, or convert them to employees once funding allows.
- Review the contract template and each full-time arrangement with an employment attorney or CPA before year one starts.
Sources
- Patriot Software, 2026 Social Security wage base ($184,500): https://www.patriotsoftware.com/blog/payroll/social-security-wage-base/
- OnPay, FICA tax rates: https://onpay.com/insights/what-are-fica-tax-rates/
- KFF, 2025 Employer Health Benefits Survey: https://www.kff.org/health-costs/2025-employer-health-benefits-survey/
- KFF, 2025 survey summary of findings (PDF): https://files.kff.org/attachment/Employer-Health-Benefits-Survey-2025-Annual-Survey-Summary-of-Findings.pdf
- BLS, Employer Costs for Employee Compensation: https://www.bls.gov/news.release/ecec.nr0.htm
- Brandon J. Broderick, Massachusetts ABC test and employee classification: https://www.brandonjbroderick.com/massachusetts/abc-test-and-ma-employee-classification-why-it-matters
- Steffans Legal, misclassified independent contractors: https://www.steffanslegal.com/misclassified-independent-contractors-insights
Related: Year One Budget — Personnel · Year One Budget — Combined Summary · Roles and Hiring Plan · Sources page: Sources — 2026-09-19