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Ask the community...

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Grace Patel

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Something similar happened to me but with a 1099-K instead. One key thing to remember: even though your S corp is dissolved, the IRS doesn't automatically know that. So from their perspective, they're getting income reported for a legitimate TIN. The payment processor ABSOLUTELY needs to void that incorrect 1099. If they don't, the IRS computer systems will flag the "missing income" when no tax return is filed for that S corp TIN. Eventually, this could trigger automated notices for unfiled returns or underreported income. If the processor keeps giving you the runaround, you might need to file Form 4852 (substitute for 1099) to explain the situation to the IRS yourself.

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Thanks for the info. I hadn't considered that the IRS wouldn't know my S corp was dissolved. Is Form 4852 something I can just fill out myself, or do I need a tax professional to help with that?

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Grace Patel

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Form 4852 is typically used as a substitute for W-2s, but can sometimes be used for 1099 situations. However, I misspoke - a better option might be to include a written statement with your personal tax return explaining the situation. This would create a paper trail showing you've disclosed the issue. You can complete this yourself, but if your tax situation is already complex (which it sounds like it might be with the transition from S corp to sole proprietor), it might be worth consulting with a tax professional. They can help you document everything properly and advise on the best approach for your specific circumstances.

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Has anyone dealt with the opposite problem? My LLC got a 1099-NEC but the work was actually done by me personally before I formed the LLC. Payment processor refuses to change it saying "we paid the entity listed on your invoice." Now I'm stuck figuring out how to report it.

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You might be able to handle this with a "nominee" situation on your personal return. Basically, you report the full amount on Schedule C of your personal return, then file a 1099-NEC from yourself to your LLC. It's a bit complex but prevents double taxation. I'd recommend talking to a CPA though, as this gets tricky fast.

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Don't forget about the Qualified Business Income deduction! It's a huge tax break for self-employed people that lets you deduct up to 20% of your net business income. Also look into setting up a SEP IRA or Solo 401k - you can contribute WAY more than a regular employee 401k and the tax savings are amazing. I'm a contractor too and I put away almost 25% of my income tax-free this way.

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Can you explain how the QBI deduction works in simple terms? I tried reading about it online but got lost in all the technical jargon.

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QBI deduction is basically a 20% discount on your taxable business income. So if you made $50,000 profit from your contracting work after all expenses, you get to deduct another $10,000 (20% of that profit) before calculating your income tax. You don't even need to itemize to get this deduction! There are some limitations if your income gets above $170,050 (for single filers in 2024), but for most beginning contractors, you'll qualify for the full 20%. The deduction appears on your 1040 after you calculate your business income on Schedule C - you don't need any special forms if you're a simple sole proprietor. It's essentially free money the government is giving to small business owners and self-employed folks.

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random but important tip: save like 30% of everything u make for taxes!!! i learned this the hard way my first year as a contractor and ended up owing $8,400 i didn't have. now i auto-transfer 30% of every payment to a separate savings account so i don't touch it. also track ur phone bill if u use it for work calls! and any apps/software u buy for work. easy to forget those smaller things.

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StarSurfer

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Agree 100%! I got absolutely destroyed my first year as 1099. Now I use a separate business checking account and put my "tax money" in a high-yield savings account so at least I earn some interest on it while waiting to pay the IRS.

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Late husband hid tax payments on 1099 income since 2017 - now IRS says I owe $42,000

I'm completely blindsided. Just found out my husband who passed away recently was only partially paying our taxes since 2017. I'm a 1099 contractor while he had a small salary job with taxes withheld, but also earned commission checks without withholding. All these years, I trusted he was handling both our tax payments since he filed returns annually. Last week I received a shocking letter from the IRS saying we owe $42,000 in back taxes dating to 2017. When I sent this year's documents to his accountant, I discovered my husband only paid $600 for our 2023 taxes when our combined income was around $180,000! Now I'm potentially facing a $60,000+ tax bill. I do have some assets - about $320,000 in money markets and a traditional IRA combined. I own our home but there's a HELOC my husband took out without fully explaining to me. To make matters worse, I'm 72 with serious health issues. My current annual income is roughly $50,000 including Social Security. His accountant mentioned if I can pay the balance down to $50,000 immediately, I might qualify for an IRS payment plan. But between this tax bomb and the credit card debt he secretly accumulated, I'm looking at losing everything. Should I consider bankruptcy? Debt consolidation? Finding an attorney specializing in IRS negotiations? Selling the house isn't ideal since rentals in my area (NY) are extremely expensive. I don't even know if there are tax liens on my property at this point. I have no family who can help financially. I'm completely overwhelmed.

Whatever you do, don't ignore the IRS notices or miss deadlines for responding. That's the fastest way to make the situation worse. Even if you can't pay right away, always respond to notices and requests for information. Something else to consider - you may want to file separately going forward if you have any current year income. This prevents any new tax issues from getting mixed in with resolving the past problems.

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Her husband passed away so she can't file separately going forward, she'll be filing as single or qualifying widow. But your advice about responding to IRS notices is spot on! The worst thing is to ignore them.

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Yara Nassar

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So sorry about your situation. I'd recommend getting a free consultation with a tax resolution attorney before making any financial decisions. Many offer free initial consultations, and they can give you a realistic assessment of your options. With your health situation and age, you likely qualify for special consideration. If your husband truly handled all the finances without your knowledge, innocent spouse relief might significantly reduce your liability. Don't drain your retirement accounts before exploring this option fully. The IRS has specific provisions to protect retirement funds for seniors, especially those with health issues. Whatever you do, don't ignore the notices. Responding shows good faith even if you can't pay immediately.

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One thing to be careful about - make sure you're tracking your miles properly! The IRS can be really picky about mileage logs during an audit. You need to record: - Date of each trip - Starting and ending location (addresses) - Business purpose - Starting and ending odometer readings or total miles I learned this the hard way when I got audited two years ago. I lost thousands in deductions because my log wasn't detailed enough.

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Sasha Reese

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Is there an app you recommend for tracking all this? Seems like a lot to keep up with when you're doing multiple rides a day.

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I personally use MileIQ now, but there are several good ones - Stride, Everlance, and Hurdlr are all popular with drivers. Most of them use GPS to automatically track your trips and let you swipe to categorize them as business or personal. Then you can export a detailed report at tax time that meets IRS requirements. The key is consistency - start using it from day one and categorize your trips daily or weekly at the latest. It only takes a few minutes once you get in the habit.

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Has anyone calculated how the self-employment tax impacts this? Even if your income tax is near zero, you still have to pay SE tax right? I heard it's like 15% which would eat up a lot of the benefit.

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Yep, self-employment tax is 15.3% on your net earnings (after expenses like mileage but before the standard deduction). So in the original example, if you had $38k in income and $22,925 in mileage deductions, you'd have $15,075 in net earnings. The SE tax would be about $2,306 (it's actually calculated as 15.3% of 92.35% of your net earnings). So while your income tax might be super low, you'd still owe that $2,306 for SE tax. One small benefit is you get to deduct half of your SE tax on your 1040, which lowers your income tax a tiny bit more.

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13 One thing to consider is whether you can free up some cash by adjusting other financial obligations. When I was hit with an unexpected tax bill last year, I: 1) Called my mortgage company and asked to skip a payment (many allow this once per year) 2) Temporarily reduced my 401k contributions to the minimum needed for company match 3) Sold some non-retirement investments (even at a small loss) 4) Used a 0% intro APR credit card for other expenses while directing cash to the tax bill The key is to pay as much as possible upfront to minimize the interest and penalties. The IRS interest rates are lower than credit card rates, but still significant over time.

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1 These are all really good ideas! I hadn't thought about the mortgage skip-payment option. I'll definitely look into that. I'm also considering selling some stock I've been holding, even though the market is down a bit right now. I guess paying the IRS has to take priority over ideal investment timing. Did you find that the IRS was generally reasonable to work with? I've been anxious about dealing with them directly.

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13 In my experience, the IRS representatives were surprisingly reasonable and helpful once I actually got through to them. They've dealt with this situation thousands of times and have standard procedures in place. The key is being proactive and honest. I explained my situation clearly, had all my numbers ready, and proposed a solution rather than just asking what to do. They responded well to that approach. Most importantly, never ignore IRS notices or deadlines - that's when they become much less flexible.

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4 Have you checked if your state has similar tax issues? Often federal and state tax problems go hand in hand. It might be worth doing your state taxes right away to see the complete picture before finalizing your payment strategy.

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1 That's a good point. I've done a preliminary calculation for state and we actually should be getting a small refund there (about $1,200). I guess that will help offset the federal bill a tiny bit. The majority of our issue was federal withholding that didn't account for some investment income and a side business I started last year.

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7 Also, don't forget to check if you qualify for state-level payment plans too. Some states offer better terms than the IRS, with lower interest rates or longer payment periods. When I had a similar issue, I was able to set up a 24-month payment plan with my state that had a much lower interest rate than the federal one.

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