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Just want to add something that hasn't been mentioned yet - you'll also need to pay self-employment tax on your 1099 income! This catches a lot of new contractors by surprise. Self-employment tax is basically both the employer and employee portions of Social Security and Medicare taxes (15.3% total). When you're a W-2 employee, your employer pays half of this, but as a contractor, you pay the whole thing. The good news is you get to deduct half of your self-employment tax on your 1040, which helps a bit. And making estimated quarterly tax payments can help avoid a big tax bill at the end of the year.
Is there a minimum amount of 1099 income before you have to pay self-employment tax? I'm only doing very occasional freelance work.
If your net self-employment income is $400 or more for the year, you need to pay self-employment tax. It's a much lower threshold than for income tax. So even very occasional freelance work can trigger self-employment tax requirements. For income tax purposes, you'd only need to file if your total income exceeds the standard deduction amount, but self-employment tax kicks in at just that $400 level. This catches many part-time contractors off guard.
One thing I learned as a freelancer - tracking expenses throughout the year is WAY better than trying to gather everything at tax time! I use a simple spreadsheet with categories like: - Home office (sq footage, rent, utilities) - Internet & phone (% used for work) - Software subscriptions - Equipment/supplies - Professional development - Mileage Take photos of ALL receipts with your phone right away. Future you will be so grateful when tax season comes around!
Your wife's doing it correctly. Her friend is likely confusing LLC rules with S-Corp rules. With an S-Corp, you can pay yourself a reasonable salary and take distributions that aren't subject to SE tax. But with a single-member LLC (without any special tax elections), 100% of the profit is considered self-employment income. I'm a contractor too, and switched my LLC to be taxed as an S-Corp after my 3rd year. The paperwork and payroll requirements are a pain, but I save about $8k annually in SE taxes. Just make sure if you go that route that you pay yourself a "reasonable" salary - the IRS watches for people paying themselves too little to avoid SE tax.
Thanks for confirming what I suspected. Do you think there's a certain income threshold where it makes sense to make the switch to S-Corp taxation? I've heard the extra administrative costs might not be worth it below a certain profit level.
Great question. Generally, most tax pros I've worked with suggest the S-Corp election starts making financial sense when your net profit is around $40,000-$50,000 annually. Below that, the administrative costs often eat up the tax savings. For context, you'll have additional expenses like payroll processing (around $50-100/month), possibly more complex tax preparation fees ($800-1500 vs maybe $300-500 for a simple Schedule C), and you'll need to run actual payroll at least quarterly. Some states also have additional fees for S-Corps. In California, for example, there's a minimum $800 annual tax just for having an S-Corp.
One thing nobody's mentioned - if your wife and her friend are getting all their work from ONE company, they might actually be misclassified! The IRS has rules about who qualifies as an independent contractor vs an employee. Having only one client is a red flag that could trigger reclassification. If they get audited, the company might be forced to treat them as employees, and then this whole LLC discussion becomes moot. Just something to consider.
This is a great point. The IRS looks at several factors to determine worker classification. Having a single source of income definitely raises flags. Other factors include: who controls when and how the work is done, who provides equipment/supplies, and whether the relationship is ongoing or project-based.
Has anyone actually reached out to their representatives about this? I called my congressman's office yesterday about the SALT marriage penalty and they said they've been getting a ton of calls about it. Maybe if enough of us make noise they'll actually do something?
Anyone else think it's weird they're only proposing this for 2023? Like why not make it permanent? Seems like they're just throwing us a bone without actually fixing the problem long-term. Classic Congress!
My guess is budget impact - making it permanent would show a much bigger revenue loss on the CBO score. By making it one year only, they can claim it's a smaller budget hit. Plus the whole TCJA expires after 2025 anyway, so they can just say "we'll fix it permanently when we do comprehensive tax reform"... which of course never happens lol.
Just to add another perspective - I've done S-corp returns for 5 years now and have always included Schedules L and M-1 regardless of size. Why? Because they tell the story of your business financially. Even though not required, they show what assets/debts the business holds and reconcile book/tax differences. This has been super helpful documentation when getting business loans later. Plus, if you ever have an audit, having these already completed saves headaches. If you're using decent tax software, it really isn't much extra work to complete them. Better to have too much documentation than too little in my experience.
Do you think it creates any additional audit risk to file these when not required? I've heard conflicting things about "poking the bear" with extra schedules vs just filing the minimum required.
In my experience, filing these additional schedules doesn't increase audit risk - if anything, it may reduce it. The IRS is generally more interested in returns that appear to be hiding information rather than providing extra documentation. The audit selection process focuses primarily on income discrepancies, unusual deductions, and statistical anomalies compared to similar businesses. Simply providing a more complete financial picture with Schedules L and M-1 doesn't typically trigger additional scrutiny. In the rare case you do get selected for audit, having this documentation already prepared actually makes the process smoother since you've already organized and reported the information they'd likely request anyway.
Super practical advice for a one-person S-corp like yours: if you're using tax software like TaxAct Business or H&R Block Business, they'll walk you through these schedules pretty easily. The balance sheet info for Schedule L is basically just what you own and what you owe at beginning/end of year. M-1 reconciles book income vs tax income differences. Takes maybe 15 extra minutes but gives you better documentation. I keep a simple spreadsheet tracking my assets, liabilities and equity throughout the year which makes filling these out a breeze. Might be worth starting that practice even if you don't file the forms this year!
That's a great suggestion about tracking with a spreadsheet. Do you have a template or specific format you follow? I'm using QuickBooks but honestly not sure I've set it up correctly for tracking the balance sheet stuff properly.
AstroAce
I'm a corporate accountant (not a tax professional) and see this issue frequently from the company side. One thing to check is whether your company is treating this as an "installment sale" under section 453 of the tax code. If it is an installment sale, the K-1 should have box 6c checked, and there should be an attached statement explaining the installment aspects. This means you'd only recognize gain as you receive the payments, instead of all at once. However, many companies don't properly communicate this to their PIU holders. Also, check if any portion of your PIU payment went to recapture previously allocated losses - those wouldn't technically be distributions but would reduce your capital gain amount.
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Chloe Martin
ā¢Would the installment sale thing be obvious on the K-1? Mine has so many attached statements and codes that I can barely make sense of it. Is there a specific form or attachment I should be looking for?
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AstroAce
ā¢The installment sale election would be indicated on your K-1 with box 6c checked (it's labeled "Net section 1231 gain"). Then there should be an attached statement with "Form 6252" or "Installment Sale" in the title that breaks down the gross profit percentage. If your K-1 doesn't have this, ask your company specifically whether they're reporting the transaction as an installment sale. If they're not, you unfortunately will have to recognize the full gain in the current year. In that case, you should request a "tax distribution" to cover the taxes on income you haven't actually received yet - most partnership agreements have provisions for this.
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Diego Rojas
Has anyone actually gone through a full audit with PIU issues? I'm in a similar situation but also received a CP2000 notice from the IRS questioning the gains reported on my return vs what was on my K-1. I'm worried the IRS won't understand these complex PIU structures.
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Anastasia Sokolov
ā¢I went through an audit last year because of exactly this situation. The key was having detailed documentation from the company explaining exactly how they calculated the reported gain and why the distribution was lower. The IRS actually understood the concept pretty well once I provided the paperwork. Make sure you get: 1) The original PIU agreement, 2) Documentation of the sale transaction, 3) Calculation of your proportional interest, and 4) Explanation of why distributions differed from allocated gain. With those four things, my audit was resolved in my favor.
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