Hiring your first employee changes your business from a tax perspective more than almost anything else you will do. You take on obligations to withhold, deposit and report on someone else's behalf, and those obligations are enforced considerably more strictly than most business tax matters.
The first question: employee or contractor
Get this right before anything else, because misclassification is a common and consequential error.
The distinction turns on the substance of the relationship — the degree of control over how, when and where work is performed, the financial arrangement, and the nature of the relationship — not on what the parties call it or what a contract says.
Deciding someone is a contractor because it is administratively easier does not make them one. If the relationship is actually employment, the classification can be challenged, with back taxes, penalties and interest attached.
When it is genuinely unclear, that is worth a real conversation rather than a guess.
What you take on with an employee
Withholding. You withhold income tax based on the employee's Form W-4, plus the employee share of Social Security and Medicare taxes.
Employer taxes. You pay the employer share of Social Security and Medicare, plus federal unemployment tax, plus state unemployment tax.
Depositing. Withheld and employer taxes must be deposited on a schedule determined by your deposit history and amounts. This is not something you settle up at year end.
Filing. Periodic employment tax returns, annual unemployment filings, and year-end wage statements to employees and to the Social Security Administration.
State obligations. In Texas, registering with the Texas Workforce Commission for unemployment tax and complying with new hire reporting requirements.
Trust fund taxes are treated differently
This is the part to understand clearly. The amounts you withhold from an employee's pay are not your money. They are held in trust for the government on the employee's behalf.
Failing to remit them carries consequences that go beyond ordinary business tax penalties, including the possibility of personal liability for individuals responsible for collecting and paying them — even where the business is an entity that would otherwise provide separation.
Practically: if cash flow gets tight, payroll tax deposits are the last thing to defer, not the first. That instinct saves businesses from a category of problem that is genuinely difficult to recover from.
Setup steps
- Obtain an EIN if you do not have one
- Register with the Texas Workforce Commission for state unemployment
- Collect Form W-4 from the employee for withholding
- Complete Form I-9 for employment eligibility verification and retain it per the requirements
- Report the new hire per state requirements
- Set up workers compensation or understand your position, since Texas treats this differently from most states
- Establish a payroll system before the first payday, not after
Use a payroll service
This is the practical recommendation for nearly every small business. Payroll services calculate withholding, make deposits on schedule, file the returns and produce year-end statements. The cost is modest relative to the penalties for getting deposits or filings wrong.
Attempting to run payroll manually is possible and it introduces exactly the kind of risk that is expensive to unwind.
The Texas specifics
No state income tax means no state income tax withholding, which simplifies things relative to most states. State unemployment tax still applies and is administered through the Texas Workforce Commission, with rates that vary by employer.
Workers compensation coverage is handled differently in Texas than in most states, and the implications of carrying or not carrying it are worth understanding for your situation.
The cost of an employee
Worth planning for realistically: the total cost is meaningfully more than the wage. Employer payroll taxes, unemployment taxes, any benefits, workers compensation if carried, payroll processing, and the administrative time all add to it.
Budgeting only the hourly rate is a common planning error at this stage.
Where we fit
RD Precision Tax Service works with small business owners across Weatherford and Parker County. If you are approaching your first hire, the classification question and the payroll setup are both worth working through before the first payday rather than after.
This article is general information, not tax advice, and tax rules change from year to year. Confirm current-year figures and talk with a professional about your specific situation before acting.
Common questions
Can I just pay someone as a contractor to avoid payroll?
Only if the relationship genuinely is a contractor relationship, which turns on the substance — degree of control, the financial arrangement, and the nature of the relationship — not on what you call it. Misclassification can result in back taxes, penalties and interest, and it is a common area of scrutiny.
What are trust fund taxes?
The amounts withheld from an employee's pay for income tax and their share of Social Security and Medicare. They are held in trust for the government rather than being your funds. Failure to remit them can create personal liability for responsible individuals even where the business is an entity, which is why deposits should never be the thing you defer.
Do I need to withhold Texas state income tax?
No. Texas has no personal state income tax, so there is no state income tax withholding. You do still have state unemployment tax obligations administered through the Texas Workforce Commission.
Should I use a payroll service?
For nearly every small business, yes. The cost is modest relative to the risk of getting deposits or filings wrong, and payroll penalties are enforced strictly. A service handles calculation, deposits, filings and year-end statements.
Have a question about your situation?
Robert prepares returns for individuals, contractors, and small business owners across Weatherford, Aledo, Willow Park, Springtown, Mineral Wells, and the rest of Parker County. Bring your questions — the first conversation is free.
