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One thing nobody's mentioned - for contractors specifically, insurance rates can be different between LLC and LLP. Our insurance broker gave us a better rate on general liability and workers comp for our LLC versus what we would have paid as an LLP. Something to consider when making your decision since insurance is a major expense in contracting.
Is that true across all states? I'm in Florida and starting a similar business. Did your broker explain why there's a difference in rates between the two structures?
From what our broker explained, it's not universal across all states but is common in many. The difference comes from how insurance companies assess risk based on historical claims data. They have more data on contractor LLCs than LLPs since LLCs are much more common in the construction industry. In Florida specifically, I've heard the difference can be even more pronounced because of how your state handles construction defect claims and the associated liability. Insurance companies have specific rating factors for different business structures, and LLCs in contracting tend to have more favorable loss histories in their actuarial data. Definitely worth getting quotes for both structures from a broker who specializes in contractor insurance.
Don't forget about self-employment taxes! With both LLC and LLP taxed as partnerships, you'll pay self-employment taxes (15.3%) on your entire distributive share. Once you're making decent money, you might want to consider having your LLC elect S-Corp taxation status to potentially reduce those taxes. My contracting business started as an LLC partnership but we switched to S-Corp taxation after hitting about $200k in profits. Saved us thousands in SE taxes while maintaining the liability protection of the LLC structure.
Can you explain more about how that works? We're just starting but hoping to grow quickly. How complicated was switching to S-Corp taxation?
To add another perspective, I use a CPA for my business who handles all the e-filing for me. The fee is worth it for peace of mind, especially since tax laws change constantly. My CPA has her own ERO credentials and I never have to think about any of this stuff. Not the cheapest option, but after making a costly mistake trying to DIY my taxes a few years ago, I decided professional help was worth it. Just another option to consider if the whole process is giving you a headache.
What's the ballpark cost for having a CPA handle an 1120S for a small business? My biggest concern with hiring someone is cost since we're pretty straightforward (just retail sales, no crazy deductions or situations).
For my business, which is similar in size to yours (about $280K in revenue), I pay around $1,200 for the 1120S preparation and filing. That includes quarterly check-ins and some basic tax planning. I know that might seem expensive compared to software that costs $150-200, but the CPA found enough legitimate deductions to more than cover her fee. The peace of mind is the biggest benefit though. No stress about making mistakes or missing deadlines. Plus, if there's ever an audit or question from the IRS, she handles all communication. For me, the cost is just another business expense that actually provides real value.
One thing no one's mentioned yet - if you do use software to e-file your 1120S, make sure it's actually authorized for business returns. Not all tax software handles business returns, and even fewer handle corporation returns like 1120S. I learned this the hard way last year when I bought the wrong version of a popular tax software and had to upgrade at the last minute to actually file my S-corp return electronically. Double-check before you buy!
Great point! I use Drake Software for my small business and it handles all the business forms including 1120S. It's less known among casual users but very popular with tax professionals. The interface isn't as pretty as TurboTax but it gets the job done at a reasonable price.
Don't forget about optimizing your business structure. I switched from sole proprietorship to S-Corp for my IT consulting and saved nearly $18,000 in self-employment taxes last year. The key is paying yourself a reasonable salary and taking the rest as distributions which aren't subject to SE tax. Just be careful to document why your salary is "reasonable" for your industry and workload. Too low and it's a red flag. I found industry compensation reports and saved them as documentation.
What's considered "reasonable" though? That seems super subjective. I do cybersecurity consulting and charge $175/hr but only take home about $80k in salary and the rest as distributions. Is there some formula or percentage that's considered safe?
I track all software subscriptions meticulously and categorize them. You'd be surprised how many consultants lump these together, but breaking them out properly (development tools vs. productivity software vs. cloud services) can help if you're ever audited. Also, if you're creating any intellectual property through your consulting (custom code, frameworks, etc.), consider exploring R&D tax credits. They're not just for big companies. My accountant also helped me set up an accountable plan to reimburse myself for business expenses paid from personal accounts without triggering taxable income.
The R&D tax credit is intriguing - I develop custom solutions for clients frequently. What kind of documentation is needed to support R&D credit claims? I keep detailed time logs already, but wonder if there's specific additional documentation I should be maintaining.
For R&D credits, you'll want to maintain several types of documentation. Time tracking is a good start, but break it down to show which hours were spent on activities that qualify (experimentation, development of new techniques, solving technical uncertainties) versus routine work. Keep design documents, project plans, and technical specifications that show the innovation challenges you were addressing. Emails or meeting notes discussing technical problems and proposed solutions are valuable. Document testing procedures and results, especially failed approaches that led to new directions. It's also helpful to have a narrative for each project explaining why it required innovation rather than just applying existing solutions.
Quick tip from someone who's been juggling multiple 1099 incomes for years: use accounting software that lets you set up different "companies" or "classes" within the same account. I use QuickBooks Self-Employed and have everything separated by business activity. This makes it super simple at tax time because you can generate separate profit/loss reports for each business activity that map directly to different Schedule Cs. You're doing the right thing by tracking everything separately! Another thing - if you're reporting a loss on one business while showing profit on another, make sure you can demonstrate that the loss-generating activity is an actual business attempt and not just a hobby. The IRS looks at that.
Do you need to get separate EINs for each business activity? I'm doing web design 1099 work but also selling digital products, and I'm not sure if I need two tax IDs or can use my SSN for both.
You don't need separate EINs for different business activities as a sole proprietor. You can use your SSN for both businesses on your Schedule Cs. Many sole proprietors don't have EINs at all and just use their SSN, though you can get an EIN if you prefer not to use your SSN for business purposes. If you did get an EIN for one business activity, you could still use your SSN for the other, or get separate EINs, but it's not required. The important part is keeping the income and expenses separate for accurate reporting on different Schedule Cs.
Don't overlook self-employment tax! Both your 1099 admin work and your personal training income will be subject to SE tax (15.3% for Medicare and Social Security). Make sure you're calculating your quarterly payments to cover both income and SE tax. I made this mistake my first year with multiple income sources and was hit with a nasty surprise at tax time. Your SE tax is calculated on the combined net profit from all your Schedule Cs together.
Is there any way to reduce the self-employment tax hit? It seems so much higher than when I was a W-2 employee.
Matthew Sanchez
One thing nobody's mentioned yet - check if your state has any tax implications from this too! When I had a similar issue with a retirement distribution, I found out I owed state taxes as well. The IRS notice doesn't address that part, so you might have a separate issue with your state tax agency.
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Oscar Murphy
ā¢Oh man I hadn't even thought about state taxes. I'm in Virginia - do you know if they handle 401k distributions the same way the feds do?
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Matthew Sanchez
ā¢Virginia generally follows the federal treatment of retirement distributions, so if it's taxable for federal purposes, it will likely be taxable for Virginia as well. However, Virginia has its own deductions and credits that might help offset some of the additional income. I'd recommend checking the Virginia Department of Taxation website or contacting them directly. You might need to file an amended state return as well. Virginia's statute of limitations for tax assessments is generally 3 years, so they could potentially come after you for this even if they haven't yet.
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Ella Thompson
Have you looked into setting up an installment agreement? With a $65k bill, the IRS will almost certainly work with you on a payment plan. You'll still accrue some interest, but it's way better than trying to pay it all at once.
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JacksonHarris
ā¢This is good advice. I set up an installment agreement for about $40k a few years ago. Process was actually pretty straightforward online for amounts under $50k, but for $65k you'll probably need to call and talk to someone. They'll ask about your monthly expenses and income to determine what you can pay.
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