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Quick question - I'm also a bandleader but I haven't been issuing 1099s because I thought we were all just splitting the income, not that I was paying them as contractors. Does it matter if the venue check is in my name but we just divide it up after the gig? Do I still need to do 1099s??
This is actually a common situation with bands! It depends on your specific arrangement. If you're truly operating as a partnership where everyone has equal say in band decisions and you're just the person collecting the money before splitting it, you might be considered a partnership rather than a sole proprietor with contractors. However, if you're the bandleader who makes most decisions, books the gigs, and pays the others for their services, then they're more likely considered independent contractors who would need 1099s. The IRS looks at the nature of the working relationship, not just how the money flows.
Just want to echo what others have said - you absolutely CAN issue 1099s as an individual! I went through this exact same situation with my photography side business a couple years ago. I was getting 1099s from wedding venues but paying assistants and second shooters throughout the year. One thing I learned the hard way: even though you're late on the 1099s, make sure you can still deduct those band member payments on your Schedule C for this tax year. The IRS doesn't require you to have issued 1099s to take the deduction - you just need to have proper records of the payments (bank statements, receipts, etc.). Also, don't stress too much about the penalties. For first-time filers who are clearly trying to do the right thing, the IRS is often more lenient than you'd expect, especially if you proactively file the late 1099s rather than waiting for them to come after you. Good luck!
This is really reassuring to hear! I'm in a similar boat with my small freelance design work where I've been paying subcontractors throughout the year but totally spaced on the 1099 requirements. Can you elaborate on what you mean by "proper records" for the deductions? I have Venmo and Zelle payments to most of my contractors - are those sufficient, or do I need more formal documentation like invoices or contracts?
Just wanted to add something that might help others in similar situations - when you're filling out your I-9 form for employment eligibility verification, that's completely separate from the tax ID discussion here. The I-9 is about proving you're authorized to work, while the W-4 form (where you provide your tax ID) is about tax withholding. I got these confused when I started my current job and was overthinking what documents I needed. Your employer will have you fill out both forms, but they serve different purposes. For the W-4, you'll use your SSN (or ITIN if applicable) as your tax ID, regardless of any business EINs you might have from past ventures. Hope that helps clear up another potential source of confusion for anyone going through the new employee paperwork process!
This is such a helpful distinction! I wish someone had explained this to me when I started my first job out of college. I remember being so confused about all the different forms and what information went where. The I-9 vs W-4 confusion is definitely real - I spent way too much time worrying about whether I needed some special business documentation when all I needed was my driver's license and Social Security card for the I-9, and just my SSN for the W-4. Thanks for breaking this down so clearly!
This is exactly the kind of confusion that trips up so many people! I went through something similar when I switched from freelancing back to regular employment. Just to reinforce what others have said - when an employer asks for your "tax ID" for a W-2 position, they're asking for your Social Security Number (SSN). That old EIN from your 2018 business is completely irrelevant for this situation, even though it does remain permanently associated with that business entity. The terminology can be really confusing because "tax ID" is such a generic term. Think of it this way: - Individuals use their SSN as their personal tax ID - Businesses use an EIN as their business tax ID - As a W-2 employee, you're being hired as an individual, not as a business Your new employer needs your SSN to properly report your wages to the IRS and Social Security Administration. Using the wrong number (like that old EIN) would create reporting problems and potentially mess up your Social Security earnings record. So go ahead and provide your SSN when they ask for your tax ID - that's exactly what they need for your W-2 employment!
Does anyone know if OP would have to pay the employer portion of payroll taxes too for 2023? That's an extra 7.65% the business would owe on top of the employee portion that would be withheld from their reasonable compensation, right?
Yes, that's correct. As an S corp, the business is responsible for the employer portion of FICA (7.65%) on any salary paid. So OP would need to not only withhold the employee portion from their reasonable compensation but also pay the matching employer portion from the business. And since it's late, there would likely be penalties on both portions.
I went through this exact situation last year and can share some practical insights. First, don't panic - late S corp elections are more common than you think and the IRS has established procedures for this. Here's what worked for me: I filed Form 2553 with a detailed reasonable cause statement explaining that as a first-time business owner, I misunderstood the filing deadline. The key is being honest and providing documentation of when you originally intended to make the election (emails to CPAs, research you did, etc.). For the payroll mess, yes you'll need to establish a reasonable salary and file quarterly 941s retroactively. I used a payroll service to help calculate everything properly - trying to do it manually was a nightmare. The penalties were significant but not business-ending, and I was able to get first-time penalty abatement on some of them. The math worked out in my favor - even with penalties, I saved about $4,000 in self-employment taxes compared to staying as an LLC. Just make sure you run the numbers before committing because every situation is different. One tip: when you submit your reasonable cause statement, be specific about your research efforts and include any documentation showing you were actively trying to comply. The IRS likes to see good faith effort, not just "I didn't know.
This is really helpful! When you mention using a payroll service to calculate everything retroactively, did they help with the quarterly breakdown or did you have to figure out how to split your annual salary across the four quarters yourself? I'm worried about getting the timing wrong since I've been taking owner draws throughout the year rather than paying myself a consistent salary.
I'd echo what others have said about being cautious with that high refund estimate. As a tax preparer, I see this kind of confusion regularly when people use different AI tools or online calculators. The business equipment purchases you mentioned could definitely be a major factor here. Photography equipment often qualifies for immediate Section 179 deduction (up to $1,160,000 for 2023), which can dramatically reduce your taxable income. Combined with child tax credits and higher withholding, a large refund is definitely possible. However, AI tools frequently make errors with: - Business expense categorization (not all equipment qualifies for immediate deduction) - Income limits for various credits and deductions - Proper calculation of self-employment tax for business income - Phase-out thresholds for credits based on AGI Before you count on that $13,416, I'd strongly recommend: 1. Use established tax software (TurboTax, H&R Block, etc.) as a second opinion 2. Make sure you have all your business income and expense documentation organized 3. Consider consulting a CPA if your wife's business had significant income alongside the equipment purchases The good news is that if you do get a large legitimate refund, you'll know for next year to adjust your withholding so you're not overpaying throughout the year!
This is really solid advice! I'm curious about the Section 179 deduction limits you mentioned - is that per business or per tax return? My wife and I are filing jointly but her photography business is technically separate. Also, when you mention self-employment tax calculations, does that apply even if the business didn't make much profit in its first year? We invested heavily in equipment but didn't have a ton of revenue yet since she was just getting started. I'm definitely going to cross-check with TurboTax before getting too excited about the refund amount. The AI might be correctly factoring in the equipment deductions but missing something else entirely.
I've been following this discussion and want to add a few important points that haven't been covered yet. First, regarding your wife's photography business - the timing of when you purchased equipment versus when the business actually started operating can affect how you claim deductions. If equipment was purchased before the business was "active," you might need to depreciate it rather than take the full Section 179 deduction immediately. Also, be very careful about hobby vs. business classification. If the photography business shows losses for multiple years (especially with high equipment costs and low initial revenue), the IRS might classify it as a hobby rather than a legitimate business. This would disallow many of the deductions and could result in a much smaller refund than expected. The AI calculator might be assuming all equipment purchases qualify for immediate business deduction without considering these nuances. I'd strongly recommend keeping detailed records of: - When the business officially started - Business income and expenses by month - How the equipment is used (business vs. personal) Given the complexity with the new business, I'd actually recommend consulting with a tax professional rather than just using software. The cost of a CPA consultation could save you from potential issues with the IRS later, especially if that $13,416 refund triggers an audit. Better to get it right the first time than deal with amended returns or IRS questions down the road!
This is exactly the kind of detailed analysis I was hoping to see! The hobby vs. business distinction is something I hadn't even considered, and it makes total sense that the AI wouldn't factor in those nuances. Your point about equipment purchase timing is particularly relevant - my wife bought most of her camera gear in late 2023 but didn't really start taking paid clients until early 2024. I'm wondering if that timing issue could be part of why the AI is giving such a high refund estimate. The audit risk angle is something I definitely want to avoid. A $13k+ refund would probably stand out, especially with a new business showing equipment deductions. Would it be worth getting a CPA consultation even if we end up using tax software to actually file? It sounds like having a professional review the business classification and deduction timing could save us headaches later. I'm starting to think the AI estimate might be technically correct based on the raw numbers I entered, but missing critical context about how the IRS would actually view our situation. Thanks for the reality check!
Miguel Ramos
Just a heads up - if your parents are claiming you as a dependent, make sure you select the box that says "Someone can claim me as a dependent" on your federal W-4. This is super important! My son messed this up last year and it caused his withholding to be calculated incorrectly. The form assumes you're taking the standard deduction for a single independent person unless you check that box.
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QuantumQuasar
ā¢This is so important! I had the exact same issue when I was in college. I didn't check that box and ended up owing taxes when I filed because not enough was being withheld. Made the same money as my roommate but she got a refund and I owed $320 because of that one checkbox!
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Sunny Wang
As someone who works in tax preparation, I want to emphasize something that might help clarify the confusion here. The W-4 form has two main purposes: 1) telling your employer your filing status and dependency situation, and 2) calculating how much federal income tax to withhold from each paycheck. For your specific situation as a part-time college student working 16 hours/week and claimed as a dependent, here's what you should do: 1. Make sure to check the box that says "Someone can claim me as a dependent" (as Miguel mentioned - this is crucial!) 2. Put "0.00" in the additional withholding amount box 3. Don't claim exempt from withholding unless you had zero tax liability last year AND expect zero this year The "0.00" doesn't mean zero taxes will be withheld - it means zero ADDITIONAL withholding beyond what the form calculates based on your pay and dependency status. Given your low hours and dependent status, this should result in appropriate withholding that covers any tax you might owe without taking too much from your small paychecks. If you end up working more hours (like summer full-time), you can always submit a new W-4 to adjust your withholding.
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Malia Ponder
ā¢This is such a clear explanation, thank you! I've been stressing about this for days and your breakdown makes so much sense. Just to confirm - since I'm only making maybe $200-250 per week at 16 hours, the standard withholding calculation should handle everything correctly if I put 0.00 and check the dependent box? I don't want to mess this up on my first real job!
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