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Don't forget that if you're paying a contractor (like your seamstress) more than $600 in a calendar year, you MUST issue them a 1099-NEC! This is separate from how you categorize the expense on your Schedule C. The deadline for providing 1099s to contractors is Jan 31st each year.
Thanks for the reminder about the 1099-NEC! I did get her W-9 information, but I wasn't 100% sure about the $600 threshold. Do I need to issue the 1099 for payments made just for labor, or does it also apply if some of her invoices included materials she purchased?
The $600 threshold applies to the total payments to that contractor during the year, regardless of whether it's for labor, materials, or a combination. If your seamstress includes materials in her invoices and you pay her directly for everything as a lump sum, the entire amount counts toward the $600 threshold. Some contractors will separately itemize materials and labor on their invoices, but for 1099 purposes, you're reporting the total amount paid to that person or business during the tax year.
Just to add another perspective - I've been in the fashion business for 8 years and have always categorized my seamstress payments as Cost of Goods Sold rather than Contract Labor. My accountant said it depends on whether the work is directly tied to producing specific products for sale. For me, each piece they make becomes inventory, so it's COGS.
This is actually a common misunderstanding. While it seems logical to put seamstress costs in COGS since they're making your products, the IRS is very specific about this distinction. Contract labor (like independent seamstresses) goes on line 11, while Cost of Goods Sold is primarily for materials and inventory-related costs.
Just wanted to add a practical tip based on my experience: keep detailed records of your days in the US vs Canada. The substantial presence test is based on a formula: days in current year + 1/3 of days in previous year + 1/6 of days in year before that. When I moved to Canada, I thought brief trips back wouldn't count, but they do! Every day matters. I use an app to track my border crossings now because it got confusing fast. Also, the first year after moving is usually the most complicated tax year you'll have.
What app do you use to track your travel days? I've been using a spreadsheet but it's getting messy, especially with some quick weekend trips back to the US to visit family.
I use an app called "Travel Days Tracker" - it lets you log entries/exits by country and calculates your total days for tax purposes. Some people also use the Stride Tax app which has a location tracking feature that can automatically log when you cross borders. The spreadsheet works too, but I found having the app on my phone made it easier to log immediately when crossing borders. Whatever system you use, just be consistent. The IRS can request proof of your physical presence, and border crossing records can sometimes be incomplete.
Don't forget about state residency rules! They're totally separate from federal rules and can be even more complicated. Some states like California are super aggressive about claiming you're still a resident. When I moved to Canada, I had to file a partial year California return even though I was considered a US resident alien for the full year on my federal return. Had to provide proof I'd actually established domicile in Canada (driver's license, housing lease, utility bills).
This is a really good point. New York is just as bad as California. I moved to Toronto but kept an apartment in NYC that I use occasionally. NY claimed I was still a full-year resident even though I was physically in NY less than 90 days that year.
Have you considered asking your W2 employers for expense reimbursement? Many companies will reimburse you for software, equipment, and even home office expenses if you push for it, especially for temporary/contract roles. That way you don't have to worry about tax deductions at all. When I switched from 1099 to W2 work, I negotiated a slightly higher hourly rate to offset the loss of tax deductions, plus got them to cover my Adobe subscription directly. Worth asking!
This is great advice but in my experience these temp agencies are super stingy with reimbursements. Did you have to show them proof of what you were deducting before to convince them?
I didn't have to show previous tax returns, but I did prepare a simple spreadsheet showing my effective income before and after deductions when I was 1099 versus the proposed W2 rate. Made it clear I needed either reimbursement for specific expenses or a higher rate to maintain the same effective income. Most employers understand this math once you lay it out clearly. The key is bringing it up during the initial negotiation phase, not after you've already accepted the rate. I've found being direct but professional works best - "My standard rate accounts for business expenses I previously deducted as a 1099 contractor, including software licenses and equipment. How does your company typically handle these expenses for W2 contractors?
Does anyone know if there's any talk about bringing back the unreimbursed employee expense deduction after 2025? That TCJA provision is supposed to expire then, right? I'm wondering if I should just stick it out with these W2 contracts until then or try to push clients back to 1099.
The provision is technically set to expire after 2025, but nobody knows for sure if Congress will extend it or let it revert. Election years make tax planning extra fun lol. Might be worth having a conversation with your clients about whether they'd be open to 1099 arrangements with proper contracts that address their misclassification concerns.
Have you tried reaching out to your congressional representative's office? Their constituent services department can sometimes get responses from federal agencies when individuals can't. I had a similar situation with comments I submitted about 1099-K thresholds, and my congressman's office was able to at least confirm my comments were received and included in the review process.
That's a great suggestion! I hadn't thought about involving my representative. Did you just call their local office? And how long did it take them to get back to you with information?
I called their district office, and they had me fill out a privacy release form so they could inquire on my behalf. The whole process took about 2 weeks before they got back to me with confirmation. Most congressional offices have staff dedicated to helping constituents navigate federal agencies. They won't necessarily get the IRS to change their mind on anything, but they can often get status updates and confirmations that regular citizens struggle to obtain directly.
I work in regulatory compliance (not for the IRS), and I can confirm what others have said - individual responses aren't provided for public comments. However, there is a "hack" to get more visibility: submit your comments through a relevant industry association if possible. Comments from recognized industry groups tend to get more directly addressed in the final rule publications. If you're a member of any professional organizations related to your business, check if they're submitting comments on the same proposed rules. Sometimes you can get your specific concerns included in their submission, which typically gets more detailed attention.
That's really helpful insider info! Do you know if most industry associations allow individual members to contribute to their formal comments? I'm part of the National Association of Tax Professionals but never thought to check if they were commenting on the same rules.
Rachel Clark
One thing nobody's mentioned yet - if your wife's business is still fairly new, it might be operating at a loss. If that's the case, filing jointly is almost definitely better because those business losses can offset your W2 income, potentially putting you in a lower tax bracket. Also, with a December baby, make sure you claim the Child Tax Credit - that's up to $2,000 for 2024 taxes. You qualify for the full amount with your income level.
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Admin_Masters
ā¢Thanks so much for mentioning this! My wife's business is actually still in the investment phase and will probably show a small loss for 2024. I didn't even think about how that might offset my W2 income if we file jointly. Do you know if there are any limits to how much business loss can offset regular income? And yes, we'll definitely claim the Child Tax Credit!
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Rachel Clark
ā¢There are some limits, but they probably won't affect you. The business loss can generally offset your other income, but if the loss is very large (over $270,000 for married filing jointly in 2024), it might be subject to the excess business loss limitation. For most small businesses with moderate losses, you can use the full amount of the loss to offset your W2 income. This is a huge advantage of filing jointly - if you filed separately, your wife's business loss could only offset her income, not yours.
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Zachary Hughes
Don't forget about self-employment taxes too! Your wife will need to pay those on her business profits (15.3% for Social Security and Medicare). That's on top of regular income tax. If her business isn't making much profit yet, the tax hit won't be bad. But once she starts making good money, you might want to look into forming an S-Corp instead of sole proprietorship to save on some of those SE taxes.
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Mia Alvarez
ā¢Yeah but S-Corps come with their own headaches. You have to run payroll, file more complicated returns, etc. I wouldn't recommend it until the business is making at least $40k in profit.
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