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I represented myself in tax court in 2022 over a $6,700 dispute. Biggest mistake ever. Thought I'd save money but the judge kept asking me about tax code sections I'd never heard of. The IRS attorney referenced cases and precedents I wasn't prepared for. Ended up losing AND had to pay the full amount plus additional penalties that accumulated during the process. If I could do it over, I would have either hired representation or worked out a payment plan with the IRS before it went to court.
This is exactly what I'm afraid of. Did you try calling the IRS beforehand to discuss settlement options, or did you go straight to representing yourself in court?
I tried calling the IRS multiple times but could never get through to anyone helpful. I just got transferred around and eventually disconnected. That's part of why I decided to fight it in court. Looking back, I should have been more persistent about reaching someone at the IRS who could discuss my case before the court date. Many cases get settled before court through their appeals process if you can actually reach the right person.
The tax clinic at the local law school helped me with a similar issue for a fraction of what a private attorney would charge. Many law schools run tax clinics where law students supervised by tax professors represent taxpayers for free or very low cost. Google "low income taxpayer clinic" or "tax clinic law school" plus your city name. Even if you don't qualify as low income, some will still help for a reduced fee. Definitely worth checking before you go it alone.
Another thing your husband should consider is liability insurance. As a 1099 contractor, he likely needs his own liability coverage for any damages or injuries he might cause. As a W-2 employee, he'd typically be covered under the company's insurance. Also, if he's been paying quarterly estimated taxes as a 1099, he wouldn't need to do that as a W-2 since taxes would be withheld from each paycheck. Might seem minor but it does simplify things.
This is a really important point about liability that people often overlook. My brother-in-law is a contractor and was sued when a cabinet he installed fell and injured someone. His own insurance had to cover it, but if he'd been an employee, the company's insurance would have handled everything.
You're absolutely right about the liability risks. I've seen contractors face devastating financial consequences when something goes wrong on a job and they discover their insurance coverage had gaps. Company insurance policies typically have much higher coverage limits than individual policies. The other consideration is workplace injuries. As a W-2 employee, workers' comp would cover medical expenses and lost wages if your husband gets injured on the job. As a 1099, he'd need his own disability insurance policy, which can be expensive for high-risk trades like carpentry.
Has anyone mentioned the new tax rules for 1099 reporting? Starting with the 2025 filing season, the threshold for requiring 1099-NEC forms dropped significantly. So even small payments to contractors require reporting now. I'm wondering if that's part of the company's motivation - they're trying to simplify their reporting requirements by making more people W-2 employees.
Yes! This has been causing chaos in my industry (graphic design). All of my small clients are suddenly panicking about paperwork. Some have even told me they're only working with LLCs now because they don't want to deal with 1099s for individuals anymore.
One thing no one's mentioned yet is that with a 51/49 S-Corp split, you need to be super careful about maintaining corporate formalities. My business partner and I had a similar arrangement, and we got in trouble because we were just pulling money from the business account whenever we needed it. Make sure you: 1. Hold regular board meetings and document decisions about compensation/distributions 2. Keep business and personal expenses completely separate 3. Put yourselves on a regular payroll schedule 4. Document any distributions with corporate resolutions We learned this the hard way when we got audited and had our S-Corp status threatened because we were too casual about taking money out.
Thanks for bringing this up. We've been keeping personal and business finances separate, but we haven't been holding any formal meetings or keeping minutes. For board meetings, is this something we need to do monthly? And what kind of documentation should we keep for distributions?
You should hold and document board meetings at least quarterly, though monthly is better when you're making regular financial decisions. The minutes don't need to be elaborate - just record date, who attended, key decisions made (especially about finances), and have them signed. For distributions, create a simple corporate resolution for each one stating the amount, distribution date, and that it was approved by the board. Make sure distributions are proportional to ownership (51/49) unless you have specific documentation justifying otherwise. We got flagged because our distributions weren't matching our ownership percentages, which raised red flags with the IRS.
Don't forget about estimated taxes! This caught me completely off guard with my S-Corp. Since profits pass through to your personal returns, you'll need to make quarterly estimated tax payments based on your projected income. With $50-75k monthly revenue, you could be looking at significant tax liability.
This is huge. I missed my first quarterly payment because I didn't understand S-Corp taxation and ended up with penalties. Talk to your accountant about setting up proper tax planning from day one.
Thanks for confirming this. When my S-Corp started making real money, I had no idea about estimated taxes and ended up with a huge tax bill plus penalties the following April. It's especially important with your 51/49 split - both of you will need to make individual quarterly payments based on your share of the profits, even before you take distributions.
Just pointing out that the IRS rules for claiming a qualifying child are pretty specific. For you to claim the child, they need to have lived with you for more than half the year, be related to you, be under 19 (or 24 if a student), not provide more than half of their own support, and not be filing a joint return. The custodial parent usually has the right to claim the child, but can release that claim to the non-custodial parent using Form 8332. Check if you have any written agreements about who claims the child in your divorce paperwork.
Our daughter lives with me about 70% of the time, and I'm the custodial parent according to our divorce decree. My ex was supposed to claim her last year because we verbally agreed to alternate years, but apparently he never did. We don't have anything formal like Form 8332 filed. Does that mean I should definitely file the amendment then?
Yes, you should definitely file the amendment. Since you're the custodial parent with the child living with you 70% of the time, and you didn't sign Form 8332 to release the claim, you have the legal right to claim your daughter as a dependent. Without Form 8332, a non-custodial parent cannot claim the child regardless of verbal agreements. The IRS follows the documentation, not verbal agreements between parents. You're potentially leaving significant money on the table by not claiming her, especially with the expanded Child Tax Credit.
Has anyone used TurboTax to file an amended return for something like this? Is it pretty straightforward or should I go to an actual accountant? I'm in a similar situation with my kid.
I used TurboTax to amend my return last year when I forgot to claim my son's college expenses. It was surprisingly easy - you just start an amended return and it walks you through what you want to change. For something like adding a dependent, it should recalculate everything including any credits you might be eligible for.
Quinn Herbert
Has anyone tried OnPay? My brother uses it for his contracting business and says it's cheaper than Gusto but still does everything automatically. I'm looking at options for my pet grooming shop with 5 employees.
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Hazel Garcia
ā¢Do they handle multi-state employees? I have people working remotely from different states now and it's becoming a nightmare with my current system.
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Quinn Herbert
ā¢Thanks for sharing your experience! It's reassuring to hear from someone using it long-term. Does it handle tip reporting well? That's something we need to manage for our groomers. OnPay does handle multi-state employees really well according to their website. My brother mentioned they actually specialize in that since they work with a lot of construction companies that cross state lines. You can apparently set up unlimited state tax accounts without extra fees.
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Laila Fury
Just wanna say, as someone who tried to DIY payroll for a year with spreadsheets, PLEASE use actual payroll software regardless of which one you pick!!! I messed up our quarterly filings so badly we ended up with $2300 in penalties and had to hire a tax pro to fix everything. The money you spend on proper software is worth every penny.
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Geoff Richards
ā¢Oh man, I feel this comment in my SOUL. Did the same thing with my first business and ended up with a similar mess. Tax agencies have zero sense of humor about payroll mistakes.
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Cedric Chung
ā¢That's exactly what I'm trying to avoid! I've been doing contract-only up until now, but as we're growing I'm bringing on more permanent staff. Did you end up with a software solution you liked after your spreadsheet disaster?
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