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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.
Before everyone scares you too much, I just want to mention that the IRS has programs specifically for people in your situation. Look into the Voluntary Disclosure Program - it's designed for taxpayers who want to come clean and get back on track. Don't forget to check state taxes too! Everyone's talking about federal, but your state might have separate penalties and procedures.
Don't stress too much about this. I went through almost exactly this in 2024. Hadn't filed for 4 years, was a 1099 contractor making about $70k/yr. One thing nobody mentioned - pull your IRS transcripts BEFORE you file anything. This shows what income the IRS already knows about. You might find some 1099s you forgot about or didn't receive. The worst part is the self-employment taxes + penalties, but it's all manageable with a payment plan. I'm paying $400/month on about $31k total debt including penalties.
How do you get your IRS transcripts? Do you have to call them or can you get them online?
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.
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?
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.
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.
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.
Carmen Ruiz
Just wanted to add - make sure you check your e-file status on the IRS website directly too. Go to https://www.irs.gov/filing/wheres-my-refund and put in your info. Sometimes the tax software shows "completed" on their end but the actual submission to the IRS failed for some technical reason. Always save the final confirmation page as a PDF and the email confirmation from both the tax software AND the IRS. Tax software isn't perfect and ultimately the IRS holds you responsible for making sure your return is actually filed, which is totally unfair but that's how they see it.
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Sean Kelly
ā¢Thanks for this tip. I just checked the IRS website and there's definitely no record of my 2022 return. I didn't know I needed to specifically check the IRS site after filing through TaxAct - I thought the "completed" status meant everything was done. Do you know if TaxAct has any responsibility here since their interface was misleading?
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Carmen Ruiz
ā¢Unfortunately, if you read the fine print in TaxAct's terms of service, they probably have language that places the responsibility on you to verify successful transmission. Most tax software companies include clauses stating they're not liable for transmission failures or penalties. You might still have recourse though. Check if your TaxAct account shows any specific error codes related to your 2022 return. Sometimes there are failed submission codes that can help prove you attempted to file but their system had an issue. Also, print out your complete 2022 return from TaxAct to show it was completed on time, which will help with your penalty abatement request to the IRS.
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Andre Lefebvre
This happened to my sister too! She used TaxAct for 2021 taxes and thought everything went through but found out a year later nothing was ever filed. She called the IRS Taxpayer Advocate Service at 877-777-4778 and they were super helpful. They assigned her a case worker who helped get the penalties removed since she could prove she completed the return in TaxAct before the deadline. Make sure you file ASAP and then immediately request penalty abatement using IRS Form 843. Include screenshots showing you completed the return in TaxAct before the deadline last year. The key is filing the correct form and explicitly requesting "First Time Penalty Abatement" if you've had no penalties in the past 3 years.
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Zoe Dimitriou
ā¢Did the Taxpayer Advocate actually answer the phone when your sister called? I've tried calling them multiple times and always get a message saying they're too busy and to call back another time.
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