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One thing to consider that hasn't been mentioned yet - if your LLC is taxed as a sole proprietorship (which is default for single-member LLCs), your mom would be considered a statutory employee rather than an independent contractor if you control not just what work she does but how she does it. I went through this exact situation with my dad helping in my consulting business. Initially had him as a contractor but my tax guy said that was risky given how integrated he was in daily operations. Switched to paying him as an employee with proper payroll. The key factors: Do you control when and how she works? Does she work exclusively for your business? Does she use your equipment? If yes to these, she might legally need to be classified as an employee regardless of what's more convenient. Also worth noting - misclassification penalties can be steep if audited! Better to get it right from the start.
This is really helpful context - thank you! She definitely uses my equipment (camera, lights, props) and I do direct how and when she works. She doesn't work exclusively for me though - she has her own separate job too. Does that mix of factors still lean more toward employee classification? I'm worried about the complexity of setting up payroll for just one part-time person.
Based on what you're describing, it does sound like she leans more toward being an employee than a contractor. Using your equipment and you controlling how/when she works are big factors the IRS looks at. The fact that she has another job doesn't automatically make her a contractor for your business - plenty of people have multiple employers. What matters is the nature of her relationship with YOUR business specifically. I totally understand the payroll setup concern - it felt like overkill for my situation too. But there are affordable payroll services like Gusto or Square Payroll that make it pretty simple and handle all the tax filings for you. They're designed for small businesses with just a few employees. The peace of mind knowing I'm compliant has been worth the extra cost for me. Some of these services are only $35-45/month for your first employee.
Don't overcomplicate this! I pay several family members through my LLC and simply issue 1099s at the end of the year. Super easy. Just make sure payments come from your business account (not personal), have them fill out a W-9, keep basic records of what they're doing, and you're good to go. At tax time, these are just business expenses. The whole employee vs contractor thing is overblown for family helping with small businesses. As long as you're not trying to avoid taxes and the work is legitimate, you'll be fine issuing a 1099.
This is dangerously incorrect advice. The IRS has very specific tests for determining contractor vs employee status, and "being family" or "small business" doesn't exempt you from those rules. Misclassification can result in back taxes, penalties, and interest. The IRS looks at behavioral control, financial control, and relationship factors - not how convenient it is for the business owner. Please don't spread information that could get people in trouble.
Something nobody's mentioned yet: if you're expecting to lose money in the first year (spending $13k with little income), you might be able to use those losses to offset other income you have. This is called a "loss deduction" and it can be really valuable if you have a regular job or other income sources. But the IRS has something called "hobby loss rules" specifically designed to prevent people from claiming business deductions for what are actually hobbies. You need to be able to prove this is a legitimate business attempt.
Thanks for mentioning this! I do have a full-time job in marketing, so offsetting some income would be amazing. What's the best way to prove that my Instagram page is a legitimate business and not just a hobby? I'm definitely approaching it as a business, but want to make sure I have the right documentation.
The best way to prove business intent is to treat your Instagram venture like a professional business from day one. Create a separate business bank account for all transactions, develop a formal business plan showing your path to profitability, keep meticulous records of all expenses, and document your marketing strategies and partnership outreach. Start tracking metrics that show growth and progress toward monetization - follower growth, engagement rates, partnership inquiries, etc. Keep records of all communications with potential business partners or sponsors. Consider getting an EIN (Employer Identification Number) from the IRS even if you don't have employees, as it demonstrates business formality. The key is showing that you're approaching this with a serious profit motive and not just as a passion project.
Have you looked into the Qualified Business Income deduction (Section 199A)? If your Instagram eventually makes money, you might qualify for an additional 20% deduction on your business income. Won't help right away when you're not profitable, but good to know for future planning.
I think you're confusing tax concepts. QBI deduction only applies once you're profitable, and if OP is spending $13k with no revenue, they're not going to benefit from this at all. Also, they'd need to be filing as a sole proprietorship, partnership, or S-corp to qualify, not just randomly spending money on Instagram.
Has anyone tried adjusting their W-4 specifically for the month they receive their bonus? My HR department told me I could submit a revised W-4 right before bonus time with more allowances and then switch back after.
I'm a payroll specialist and while this technically works, most HR departments hate when employees do this because it creates extra work. Plus with the new W-4 form, there aren't "allowances" anymore - you'd need to specify an additional withholding amount.
Everyone's talking about withholding, but just to be super clear: bonuses ARE taxed exactly the same as regular income when it comes to your actual tax bill. The only difference is how much is withheld when you receive the payment. At tax time, the IRS doesn't care or even know which dollars came from your regular salary vs. bonus - it's all just income. Your bonus doesn't actually get taxed at 40%, it just feels that way when you get your paycheck.
I just want to add that as someone who prepares taxes professionally, everything your tax preparer is asking for is completely standard. In fact, I request the EXACT same documentation from my clients with home-based businesses. The reason we ask for full bills rather than just "the business portion" is that we need to calculate that business portion correctly. For example, with square footage, we determine what percentage of your home is used exclusively for business, then apply that percentage to certain expenses. For vehicles, we need to know if the standard mileage deduction or actual expenses would be more beneficial. Without the full information, we can't make that determination. And yes, filing a final return for your father is absolutely required. The IRS doesn't waive this requirement upon death. Your mother will file as married filing jointly for the year of his passing.
Quick follow-up question - I'm in a similar situation and wondering about home internet. My tax person wants my entire internet bill even though I only use it part-time for business. Is that normal too?
Yes, that's completely normal. Your tax preparer needs your entire internet bill because they'll calculate the business portion based on a reasonable allocation method. This might be based on time used for business vs. personal, the percentage of your home used for business, or another reasonable method. They need the full bill to document both the total cost and to show how they calculated the business portion. This is important documentation if you're ever audited. The IRS wants to see that you're only deducting the legitimate business portion of mixed-use expenses.
Something important to add regarding the home office deduction - make sure the space you're claiming is used EXCLUSIVELY for business. This is a major audit trigger. If your "home office" doubles as a guest room or home gym, it doesn't qualify. Also, the vehicle deduction requires a mileage log. You can't just estimate at the end of the year. Your tax preparer is asking for the right documentation to keep you protected.
Miguel Alvarez
Another thing to consider is whether you fall under the Self-Support Exception for the Kiddie Tax. I ran into this exact issue with Form 8615 on TurboTax last year. The key is that if your earned income (from your W-2 job) provides more than half of your support, you're exempt from the kiddie tax rules even if you're under 24 and a student. Support includes your housing, food, clothing, education expenses, medical costs, etc. So calculate: does your café job income cover more than 50% of all your living expenses for the year? If yes, then you should be able to avoid Form 8615 entirely. Make sure you answer this question correctly when TurboTax asks!
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Zainab Yusuf
•Does financial aid count as support? I have loans in my name that help pay for school and living expenses. Would those count as "my support" or not? The whole support test thing is super confusing.
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Miguel Alvarez
•Student loans in your name generally count as YOUR support (not your parents'), even though you're not repaying them yet. This is because you're the one legally obligated to repay them. Grants and scholarships are trickier. If they're used for qualified education expenses (tuition, books, required fees), they're not considered anyone's support. But if they're used for living expenses (room and board), they generally count as support that you provide for yourself. It is confusing! That's why it's important to calculate all sources of support carefully and determine who provided the majority of your total support for the year.
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Connor O'Reilly
Has anyone else noticed that TurboTax sometimes asks for forms you don't actually need? Last year it had me fill out some crypto tax form even though I had zero crypto transactions. After talking with a tax professional, I learned you can sometimes override these prompts.
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Yara Khoury
•Yes! TurboTax is super annoying with that. I found that sometimes if you go back and review your answers to previous questions, you might find something you answered wrong that's triggering unnecessary forms. Double-check your answers about dependency status and support.
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Connor O'Reilly
•That's a good tip! I'll look back through my answers again. I'm wondering if I misunderstood something about the scholarship questions, since that seems to be what might be triggering this Form 8615 requirement.
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