


Ask the community...
I had the exact same situation when I was bartending at a nightclub. Owner paid us through Venmo, then suddenly wanted to 1099 us all at tax time. The key factors the IRS looks at are: 1. Behavioral control - Did they control WHEN and HOW you worked? Sounds like yes. 2. Financial control - Did they set your pay rate and schedule? Sounds like yes. 3. Relationship - Was there an expectation of continued work? Two years sounds like yes. Don't just accept the 1099. I made that mistake and got hit with a $3,200 self-employment tax bill that should have been partially paid by the employer.
What happened after you got hit with the tax bill? Did you ever try to get it corrected or did you just pay it? I'm in a similar situation but with a restaurant that closed down, so I'm not even sure if the owner is still around to issue a corrected form.
I ended up paying it the first year because I didn't know any better. The second year, I filed the SS-8 form proactively and got a determination letter from the IRS saying I was indeed an employee. I took that to the owner, who initially resisted but changed his tune when I mentioned the potential penalties for misclassification. He issued a corrected W-2 for that year. For the previous year, I filed an amended return with the determination letter and got about $1,600 back. Even if your restaurant closed, you can still file the SS-8 and possibly get a determination that helps with your taxes. The owner being gone doesn't prevent the IRS from making a ruling on your status.
Does anyone know if getting paid through Cash App makes any difference for tax purposes? My understanding is that now with the new $600 reporting threshold, Cash App will issue 1099-Ks anyway, so maybe it doesn't matter if the hookah place sends a 1099 or not? I'm confused about how this all works together.
Getting paid through Cash App doesn't determine your worker status - that's based on the nature of your working relationship. However, you're right about the reporting change. Cash App (and similar payment services) are required to issue 1099-Ks for accounts receiving over $600 in payments for goods and services. This is separate from whether your employer issues a 1099-NEC or W-2. The IRS may notice if you receive a 1099-K from Cash App but don't report that income, regardless of whether you also get a 1099 or W-2 from the employer. So the income definitely needs to be reported either way, but the classification as employee vs. contractor determines HOW you report it and how much tax you pay.
Thanks for explaining! So if I'm understanding right, I could potentially get both a 1099-K from Cash App AND either a 1099-NEC or W-2 from my employer for the same income? That seems like it would cause confusion with the IRS. How would I make sure I'm not double-reporting the same income?
Another option to consider is using a Professional Employer Organization (PEO) for your PLLC. I switched to this model last year for my S-Corp and it's been a game changer. They handle all payroll, tax filings, workers comp, and even offer benefits access at group rates that small businesses normally can't get. The big advantage is they become the "employer of record" for tax purposes, which significantly reduces your administrative burden. Costs are typically a percentage of payroll (around 2-4%) or a flat fee per employee. For a single-member S-Corp, some have special small business rates.
Doesn't using a PEO create complications with the S-Corp structure though? I heard that can cause issues with how distributions are handled versus salary.
No complications with the S-Corp structure at all. The PEO only handles the employment administration side - payroll processing, tax filings, compliance, etc. You still maintain complete control over your business operations and how you structure your compensation. Your S-Corp still exists exactly as before, and you can still take distributions separate from your salary. The PEO simply handles the W-2 employee portion of your compensation. Actually, many PEOs have specific expertise with S-Corps and can help ensure you're maintaining the proper salary-to-distribution ratio to satisfy IRS requirements while maximizing tax benefits.
Has anyone tried just paying themselves once or twice a year instead of monthly to minimize the payroll processing headache? I'm thinking of setting up my PLLC with S-Corp election but only running payroll quarterly or semi-annually to reduce the administrative work.
From my experience running a similar platform for community theater ticket sales, I found the most important thing was documenting EVERYTHING. For each state where we operated, we: 1. Saved screenshots of the state's official guidance on educational/nonprofit event exemptions 2. Collected and filed appropriate exemption certificates from each organization 3. Kept detailed records of which transactions were taxed vs exempt and why This documentation saved us during a state audit in Pennsylvania, where the auditor initially questioned our exemption practices but ultimately accepted our thorough recordkeeping. Also, don't overlook local taxes! Some cities have their own amusement taxes on tickets that apply even when state sales tax doesn't.
Did you find any good way to automate the collection of exemption certificates? We're struggling with getting schools to promptly provide their exemption documentation, and it's creating a bottleneck.
We built a simple upload portal as part of our onboarding process where organizations couldn't list events until they uploaded their exemption certificates. We also created state-specific templates with instructions that made it easier for them to provide exactly what we needed. For schools specifically, we found that being very clear about the consequences of not providing documentation (i.e., we'd have to charge their students/parents sales tax) motivated them to respond faster. Most schools already have these certificates on file, so it's just a matter of getting the right person to share them.
Has anyone looked into the physical presence rules? I know marketplace facilitator laws typically create nexus, but I'm wondering if the fact that the events themselves are physically occurring in specific locations creates any additional tax obligations beyond just the ticket sales.
Great question about physical presence. While marketplace facilitator laws create nexus for the online sales portion, the physical location of events can indeed trigger additional tax considerations. In some states, there might be amusement taxes, entertainment taxes, or special venue taxes that apply based on where the event physically takes place. These are separate from sales tax on the tickets themselves and may have different filing requirements.
Quick clarification about Publication 544 that might help - this publication mainly covers sales and dispositions of assets, including capital assets. For crypto specifically, the IRS treats it as property, not currency. This means: - Every sale or exchange = taxable event - Mining = taxable as ordinary income when received - Getting paid in crypto = taxable as income at fair market value - Gifting crypto = no immediate tax implication if under annual gift limit ($15,000 in 2021) - Donating crypto = potential deduction at fair market value The 2019 reference is probably because the guidance hasn't changed substantially since then. IRS Notice 2014-21 is still their main guidance document for crypto.
What about staking rewards? Are those taxed when received or when sold?
Staking rewards are generally taxed as ordinary income when you receive them, based on their fair market value at that time. They establish your cost basis for those coins. Then, when you eventually sell those staking rewards, you'll calculate capital gains/losses based on the difference between your selling price and that initial value when received. This is similar to how mining is treated - taxed as income when received, then potentially subject to capital gains tax when eventually sold.
Does anyone know if we need to file Form 8938 for crypto holdings? My accountant said I might need to since I have over $75k in various coins but I thought that was just for foreign accounts?
Form 8938 is for "specified foreign financial assets" - the IRS hasn't definitively stated that crypto qualifies for this. Most tax pros are taking the conservative approach and including crypto if it's held on foreign exchanges and meets the threshold. Better safe than sorry with FBAR and 8938 reporting!
Tyler Murphy
Something nobody's mentioned yet - if your customer is intentionally structuring payments to avoid reporting, you could be in legal trouble just for accepting the payments without filing reports. There's actually a concept called "willful blindness" that can get businesses in trouble if they knowingly help customers avoid reporting requirements.
0 coins
Haley Stokes
ā¢This is exactly what I'm worried about. I don't want to accuse my customer of anything, but the $9,500 amount seems specifically chosen. How do I protect my business while still maintaining the customer relationship? Should I just tell them I have to file the forms regardless of the payment amount since it's a single debt?
0 coins
Tyler Murphy
ā¢Yes, you should absolutely be transparent with your customer. Explain that since the payments are all related to a single debt, you're required to file Form 8300 regardless of the individual payment amounts. Make it clear this is a legal requirement for your business. If they're legitimate, they'll understand. If they suddenly change their mind about the payment plan or get upset, that's a huge red flag. Remember, filing Form 8300 is just information reporting - it doesn't mean your customer is doing anything wrong, but failing to file when required can result in serious penalties for YOUR business.
0 coins
Sara Unger
Has anyone actually filled out Form 8300? Is it complicated? I'm in a similar situation with a cash-heavy business and want to make sure I'm doing this right.
0 coins
Butch Sledgehammer
ā¢I file them regularly for my jewelry business. It's not terrible - basic info about your business, the customer (name, SSN/tax ID, address), and transaction details. You can e-file through the BSA E-Filing System. The trickiest part is knowing WHEN you need to file, not actually completing the form.
0 coins