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I went through this exact situation when working in Germany last year. Here's what I learned: The substance of your work relationship matters more than the paperwork. Since you're bearing all the costs and they're not withholding anything, you have a strong case for self-employment status. I filed Schedule C as self-employed, deducted legitimate business expenses (saved about $7,000 in taxes), and carefully documented everything. I also kept a copy of my contract showing I was responsible for my own expenses. One tip: make sure you're tracking any foreign taxes paid in Malaysia so you can claim the Foreign Tax Credit properly. Form 1116 is your friend here. If you're really concerned, consider getting a written statement from the Malaysian company describing your working relationship that emphasizes the independent contractor aspects of your arrangement.
Thanks for sharing your experience! Do you think it matters that my contract with the Malaysian company says "employment agreement" in the title, even though the substance of the relationship is more like self-employment? Did you have a similar issue with your German contract?
The title of the contract isn't as important as the actual terms within it. My German agreement also said "employment contract" but the IRS looks at the substance of the arrangement more than the labels. Make sure you highlight aspects of your arrangement that support self-employment: you paying your own expenses, setting your own schedule when possible, using your own equipment, and the lack of typical employee benefits. In my case, I included a memo with my tax return briefly explaining why I was filing as self-employed despite the contract title, focusing on these substantive factors. The key is being consistent and having documentation to back up your position if questioned.
Has anyone used TurboTax for this kind of situation? I'm in a similar boat (working for a company in Singapore for 4 months) and wondering if the software can handle this complexity or if I need to find a tax professional.
I used TurboTax last year for a similar situation working in Thailand. It does handle Schedule C for self-employment and Form 1116 for Foreign Tax Credit, but honestly the questionnaire was confusing for international situations. I ended up having to manually override some things and do quite a bit of research on my own. If your situation is straightforward self-employment, it might work fine, but if there are complexities, you might want a professional who specializes in expat taxes.
Thanks for the insight! I might try TurboTax first since my situation isn't super complex, but keep a tax professional as backup if I get stuck. Did you find any specific resources that helped you figure out the overrides you needed to make?
Don't overlook the installment agreement option. I had a $65k tax debt and managed to get on a 72-month payment plan. The key is requesting a "streamlined" installment agreement if you qualify (debt under $50k can be streamlined up to 72 months, over $50k is usually 72-84 months but requires more financial disclosure). You might also want to request a Collection Due Process hearing (Form 12153) if you received a Final Notice of Intent to Levy. This gives you time to present alternatives before they start taking your assets. Whatever you do, DON'T ignore it hoping it'll go away. Tax debt is one of the few things that can follow you pretty much forever, and the penalties and interest make it grow fast.
Is there any way to get the penalties removed? The original tax amount is bad enough, but the penalties are what's making my balance completely unmanageable.
Yes, you can request penalty abatement through the IRS First-Time Penalty Abatement program if this is your first time having compliance issues. Even if you don't qualify for first-time abatement, you can request abatement for reasonable cause if your situation merits it (serious illness, natural disaster, or other circumstances beyond your control). The process involves writing a penalty abatement letter explaining your situation and why you believe the penalties should be removed. You'll need to specifically request abatement of the failure-to-pay penalty, which is likely a significant portion of what's been added to your original tax amount. The IRS looks at your prior compliance history and the efforts you've made to comply when considering these requests.
Has anyone here used a tax resolution company? I'm considering hiring one to help with my situation but the fees seem really high ($3-5k) and I'm not sure if they can do anything I couldn't do myself with enough research.
I used one last year and honestly regret it. Paid $4500 upfront and they basically just filled out the same forms I could have done myself. They promised they could settle my $40k debt for pennies on the dollar, but in the end, the IRS rejected their offer and I ended up on a standard payment plan anyway. Total waste of money in my experience.
H&R Block quoted me $325 for amending my return with almost this exact issue last year. I ended up going with a local CPA who specialized in retirement accounts instead and paid $275, which I thought was more reasonable given the complexity. If you're comfortable with tax forms, you could potentially do this yourself, but backdoor Roth transactions that involve recharacterizations get complicated quickly. The key is making sure you're tracking your basis correctly across multiple transactions.
Thanks for the price info! Did you find the local CPA was more knowledgeable about this specific issue than H&R Block would have been? I'm torn between convenience and expertise.
Definitely yes - the local CPA had handled several backdoor Roth situations before and immediately knew why my 8606 was rejected. He mentioned that national chains like H&R Block often use preparers who don't specialize in more complex retirement account transactions. The main issue with backdoor Roth conversions involving same-day recharacterizations is that there are specific reporting requirements for the timing and basis calculations. My CPA showed me exactly what went wrong on my original form and how to fix it. Well worth the slightly lower price for someone who dealt with this specific issue regularly.
Just wanted to add that you should absolutely keep copies of EVERYTHING related to this amendment. I had a similar situation with a returned 8606 form, and three years later the IRS sent me a CP2000 notice claiming I owed taxes on the conversion amount because they had no record of my basis. Make sure your amended 8606 clearly shows the nondeductible contribution basis and keep proof of the recharacterization and conversion transactions from your IRA custodian.
Just wanted to add something important: If you decide to go the guaranteed payment route, remember these payments are subject to self-employment tax for your sister. Make sure she's aware she'll need to make quarterly estimated tax payments on this income. Our LLC does something similar, and we actually gross up the payments to help cover the SE tax burden so our member isn't surprised by a big tax bill.
Can you explain how the "gross up" works? Do you just pay them more to cover the taxes, or is there some specific calculation?
We basically increase the payment amount to account for the roughly 15.3% self-employment tax they'll owe. So if we want them to net $1,000 after SE tax, we'd pay about $1,180 instead. There's no perfect calculation because their actual tax situation depends on all their other income and deductions, but this is a rough approximation that helps prevent surprises. We record the full grossed-up amount as the guaranteed payment on their K-1.
Does anyone know if there are any circumstances when an LLC COULD issue a 1099-NEC to a member? My accountant insists it's possible in certain situations but I'm not convinced.
Yuki Watanabe
Don't forget about business deductions for your independent contractor work! You can deduct business expenses like a portion of your internet, cell phone, home office (if you have a dedicated space), software subscriptions, professional development, etc. This can significantly reduce your taxable income from the contract work. Just make sure you keep detailed records and receipts for everything. I use a separate credit card for all business expenses to make it easier to track.
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Sean Fitzgerald
ā¢That's a really good point about deductions. Do I need to file a Schedule C for the contractor income? And is it worth looking into setting up an LLC or something like that for tax purposes?
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Yuki Watanabe
ā¢Yes, you'll need to file Schedule C to report your business income and expenses as a self-employed person. This is where you'll list all those deductions I mentioned. Regarding an LLC, it probably isn't necessary just yet at your income level. An LLC by itself doesn't change how you're taxed - you'd still file Schedule C. It mainly provides liability protection, which may not be crucial depending on what type of contract work you're doing. If your business grows substantially or has liability risks, then consider it. But for now, focus on tracking expenses and making your quarterly estimated tax payments.
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Carmen Sanchez
Has anyone considered using an S-Corp instead of sole proprietorship for independent contractor work? I've heard it can save on self-employment taxes.
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Andre Dupont
ā¢An S-Corp can save on SE taxes, but only makes sense once you're making at least $60-80k from your independent work. At $27k, the extra costs of running an S-Corp (separate payroll, more complex tax filing, annual fees) would likely outweigh any tax savings. Plus you'd need to pay yourself a "reasonable salary" which would still be subject to FICA taxes. The tax savings only apply to distributions above that reasonable salary amount. For smaller amounts of contract income, stick with Schedule C filing.
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