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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.
Philip Cowan
ā¢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.
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Maya Jackson
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.
Norah Quay
ā¢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.
Maya Jackson
ā¢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.
Amaya Watson
ā¢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.
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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.
Thanks for the clarification about the new W-4 - I didn't realize they changed the form. I guess I won't bother my HR department then. Just doesn't seem worth creating drama over one paycheck even if it is frustrating to see so much withheld.
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.
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Another option - call the company directly and ask for their accounting department. Often they'll email you a copy right away. Sometimes they've already filed it electronically with the IRS but forgot to mail your copy. I've had this happen twice and both times the company was super apologetic and sent me a PDF version within hours of my call. It's usually just an oversight rather than them trying to avoid filing.
Thanks for this suggestion! I just called the company and apparently they had been sending my 1099 to an old address. They emailed me a copy right away and apologized for the confusion. Problem solved!
I honestly wouldn't stress too much about this. Just make sure you report ALL your income regardless of whether you have the forms or not. The IRS cares more that you're reporting everything than whether you have every piece of paperwork.
Maya Patel
ā¢This is true but having the official forms makes it a lot easier if you ever get audited. Always better to have more documentation than less!
Giovanni Moretti
Don't forget you can deduct a percentage of your cell phone bill as a business expense for food delivery! Since you need your phone for the app, navigation, customer communication, etc. Just calculate what percent of your phone usage is for delivery work (be honest - the IRS isn't stupid). I claim about 60% of my phone bill since I use it a ton for deliveries. Also, those insulated bags, car phone mounts, and even a portion of car insurance can be deductible! Just make sure to keep all receipts.
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Fatima Al-Farsi
ā¢Can you claim both mileage AND car insurance? I thought the standard mileage deduction covered all car expenses including insurance and gas. Thats what my friend who does taxes said.
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Dylan Cooper
I use TurboTax Self-Employed for my delivery gig taxes and it's pretty straightforward. It walks you through all the possible deductions for delivery drivers. Just make sure to keep good records all year - the IRS has been cracking down on gig workers lately with all the new reporting requirements. The apps are supposed to issue 1099s for anyone making over $600 now, so there's no flying under the radar anymore. I learned the hard way after a messy audit last year!
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Yuki Sato
ā¢Thanks for the advice! Was the audit process difficult? That's one of my big worries - I'm doing my best to track everything but I'm afraid I'll mess something up and get flagged.
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