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Just a heads up - I work in the high-ticket sales industry too and saw a company get absolutely hammered for this exact issue last year. The IRS determined ALL their 1099 sales reps were actually employees and hit them with back taxes, penalties, and interest going back 3 years. The company tried to claim the reps had "independence" but the IRS didn't buy it because they: 1) Had to attend mandatory meetings 2) Were required to use company scripts 3) Had to work specific hours 4) Used company CRM and tools 5) Were subject to performance reviews Sound familiar? Several reps got significant tax refunds since they'd been paying the full self-employment tax when they should've only been paying the employee portion. The company ultimately had to lay off about 30% of staff to cover the penalties.
Do you know if the reps had to pay back any of the business deductions they'd claimed? I've been deducting home office, internet, phone, etc., as a 1099 and I'm worried if I get reclassified I'll owe a ton for those past deductions.
From what I understand, the reps didn't have to pay back deductions they had legitimately claimed while operating under the 1099 status. The IRS generally doesn't penalize workers in these situations since you were filing based on the classification given to you by the company. However, going forward after reclassification, they could no longer claim those business deductions as W-2 employees. That's definitely something to consider in your calculations - while you save on the employer portion of FICA taxes as a W-2, you lose those valuable business deductions. In some cases, especially if you have significant legitimate business expenses, remaining a 1099 might actually be more financially beneficial despite the higher self-employment tax.
Has anyone successfully negotiated higher pay when transitioning from 1099 to W-2? I'm making about $17k/month as a 1099 sales rep, and I've calculated that I'd need at least a 9% raise to break even after losing my business deductions if I become a W-2 employee.
Yes! I managed to negotiate a 12% increase in my commission rate when my company reclassified me from 1099 to W-2 last year. The key was coming prepared with exact numbers showing: 1) The taxes they'd now be paying (7.65% of your income) 2) The benefits costs they'd incur 3) The exact business deductions I'd be losing 4) Market rates for W-2 sales reps with my performance level I presented it as a business case rather than a demand. They actually appreciated the transparency and realized keeping top performers was worth the adjustment.
That's really helpful, thanks for the specific percentage figure and the breakdown of what to include in the negotiation. I'll definitely put together that kind of detailed analysis before approaching them. I'm curious though - did your overall take-home pay end up being higher, lower, or about the same after the transition? And did you notice any benefits to being W-2 beyond just the tax situation?
Has anyone considered that the Tax Cuts and Jobs Act significantly changed tax brackets, deductions, and credits between 2017 and 2018? I know OP is talking about 2023-2024, but if your tax preparer is using outdated forms like 1040EZ (which doesn't exist anymore), they might not be the most reliable. Different withholding tables + partial year work + 401k contributions can absolutely cause dramatically different refunds. Remember a refund just means you overpaid throughout the year - it's not free money!
Wait, so if these forms don't even exist anymore, why would my preparer mention using different forms? Now I'm really confused and wondering if I should find a new tax person. Do you have any suggestions for how to find a good tax preparer?
I'd be concerned if your preparer is actually referring to these outdated forms, as they haven't been used since 2017. They might be using simplified language to describe your tax situation, but it's a red flag if they're literally talking about filing these forms recently. For finding a good preparer, I recommend looking for an Enrolled Agent (EA) or CPA who specializes in individual taxes. Ask friends for recommendations, check Google reviews, and interview potential preparers before hiring. Ask questions like: How long have you been preparing taxes? What continuing education do you complete? How do you stay current with tax law changes? A good preparer should be able to clearly explain why your refunds differed and shouldn't mind questions.
One thing nobody's mentioned - check if your state withholding was different between the two years! My refunds were super different between years and it turned out my state withholding had doubled accidentally. The federal return looked similar but the state refund was huge one year.
Good point! I had something similar happen when I moved from Illinois to Indiana mid-year. The state portion made a massive difference.
One thing nobody's mentioned yet - your friend should request his Wage and Income Transcripts from the IRS for all those years. This will show all income that was reported to the IRS on 1099s, W2s, etc. This gives you a starting point to know what income the IRS already knows about. You can request these transcripts online at irs.gov or by filing Form 4506-T. This helps ensure you don't miss any income that was reported to the IRS, which would definitely trigger notices or audits.
Can you get these transcripts if you haven't filed for several years? I thought your online access gets restricted if you're not in compliance?
You're right that online access might be restricted for non-filers. In that case, you can still get them by mail using Form 4506-T. It takes a few weeks but gives you exactly what income the IRS has on record. Even if your friend can't access his own transcripts directly, a tax professional with proper authorization (Form 2848 Power of Attorney) can access these transcripts on his behalf through the tax pro's account. This is another reason working with a professional is valuable in catch-up situations.
Just wanted to add that I was in a similar situation (6 unfiled years as a freelancer) and the process wasn't nearly as scary as I thought. Definitely start with current year and work backwards, and be proactive about setting up payment plans if he owes. The IRS is actually pretty reasonable if YOU reach out to THEM before they come looking for you. It's when you ignore their notices that things get ugly with liens and levies.
File an extension if you haven't already! This doesn't extend the time to pay, but it gives you more time to figure out your options and make sure your calculations are correct. Also consider liquidating some crypto strategically (even at a loss) to pay the tax bill if you have to. Penalties for non-payment are no joke and can add up quickly.
Does filing an extension help if I already got the tax bill? I thought that meant they had already processed my return.
If you've already received a tax bill, that means your return has already been filed and processed, so an extension wouldn't help in that case. Sorry I misunderstood your situation. In that case, your options are mainly setting up a payment plan with the IRS (installment agreement), making an Offer in Compromise if you qualify, or requesting Currently Not Collectible status if you're truly in financial hardship. Definitely contact the IRS to discuss your options before ignoring the bill, as penalties and interest will continue to accrue.
Have you looked into crypto tax harvesting for 2025? You could sell some of your current holdings at a loss and immediately rebuy them. Unlike stocks, crypto doesn't have wash sale rules (at least not yet), so you can claim the losses while maintaining your positions. This could give you losses to offset your 2025 income, which might help free up some cash to pay your 2024 tax bill.
This is solid advice. I did this last December and was able to book about $12k in losses while keeping basically the same crypto portfolio. Just make sure you document everything meticulously because the IRS loves to scrutinize crypto transactions.
Sydney Torres
One thing nobody's mentioned yet - if your employer offers a Flexible Spending Account (FSA) for healthcare, you can use that to pay for therapy with pre-tax dollars, which is even better than taking the deduction in many cases. My therapist doesn't take insurance either but gives me a superbill that I submit to my FSA for reimbursement. The advantage is you don't have to worry about the 7.5% AGI threshold with an FSA. The downside is the use-it-or-lose-it aspect and the lower contribution limits compared to itemizing deductions.
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Kaitlyn Jenkins
ā¢Does the FSA administrator ever question therapy expenses or ask for details beyond the superbill? I'm private about my mental health treatment.
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Sydney Torres
ā¢In my experience, the FSA administrator has never questioned my therapy expenses or asked for additional details. The superbill usually just lists the service code and amount without any specific details about what was discussed in therapy. It typically shows something generic like "psychotherapy services" or a CPT code. FSA administrators are also bound by privacy rules, so they can't share information about your specific medical treatments with your employer. I've been submitting therapy expenses to my FSA for three years now without any privacy concerns.
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Caleb Bell
Has anyone successfully deducted online therapy costs? I've been using BetterHelp for my trauma therapy and wondering if the same rules apply since they send digital receipts.
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Danielle Campbell
ā¢Yep! I deducted my Talkspace expenses last year. Online therapy absolutely counts the same as in-person. Just make sure your digital receipts clearly show it was for mental health services. Mine said "psychotherapy session" and had the therapist's license number which was perfect for documentation.
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