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One thing no one has mentioned yet is that your friend should make sure he gets a W-9 from the helper BEFORE paying them. This creates a paper trail proving he tried to do everything correctly. I learned this the hard way when one of my contractors ghosted me after payment and I couldn't complete their 1099 properly. The IRS can actually penalize you for missing or incorrect 1099s even if it wasn't your fault.
What exactly happens if you can't get someone to fill out a W-9? Like if they refuse or you just can't reach them anymore? Are you still supposed to issue the 1099 somehow?
If someone refuses to complete a W-9 or you can't reach them after payment, you're technically supposed to begin backup withholding at a rate of 24% on any future payments to that person. This means holding back that percentage and remitting it to the IRS. For the 1099-NEC, you should still issue it with whatever information you do have. If you're missing their tax ID number, the IRS may send you a B-notice requesting the missing information. The best protection is documenting your attempts to get their information (emails, certified letters, etc.). The IRS understands these situations happen, but they want to see you made a good faith effort to comply.
Be careful about the "20 Factor Test" the IRS uses! Even if someone brings their own tools, they might still be considered an employee if your friend controls WHEN and HOW they do the work. For example, if your friend says "be at this location at 9am, do the lawn this way, and leave at 5pm" - that's looking more like an employee relationship even with their own tools.
Has anyone run into issues with the hobby loss rule with something like D&D sessions? I'm worried the IRS might consider my similar side gig a hobby rather than a business.
The key to avoiding the hobby loss rule is showing that you're running your D&D sessions as a business with the intent to make a profit. Keep good records, have separate business accounts, track all expenses properly, create a business plan, and be professional about how you operate. The IRS generally uses a "3 out of 5" guideline - if you show a profit in 3 out of 5 consecutive years, they typically consider it a legitimate business. Since OP mentioned they were "hit hard with taxes," it sounds like they're profitable, which helps their case significantly.
That makes sense, thanks! I've been profitable 2 of the last 3 years, so I think I'm on the right track. I do have separate tracking for all my game master income and expenses, but I should probably open a dedicated bank account to make it even clearer.
I went through the S-Corp route with my freelance writing business and can confirm it saved me several thousand in self-employment taxes, BUT - and this is a big but - it only made sense once I was consistently making over $70k. The accounting and filing fees cost me about $1,200/year plus the extra time dealing with payroll. Stick with Schedule C for now, maximize your legitimate deductions, and revisit the business structure question when your income grows. The tax savings need to outweigh the additional costs and complications.
One thing no one mentioned yet - make sure you're tracking all your expenses properly for next year. I'm a freelancer too and I use a separate credit card for ALL business expenses. Makes it super easy to track deductions and saves me tons of time at tax season. Also, don't forget you can deduct 50% of the self-employment tax you pay! That's an adjustment to income on your 1040, so it reduces your overall taxable income. Lot of people miss that one.
Do you need to have a business bank account to do the separate credit card thing? Or can you just use a personal card that you designate for business only?
You can absolutely use a personal credit card that you designate for business only - that's what I do! You don't need a formal business account unless you have an LLC or corporation. The key is consistency - just make sure you ONLY use that specific card for business expenses and nothing personal. Makes it super easy to download your year-end statement and have all your deductions in one place. I also take photos of receipts for cash expenses using a free app that organizes them by date.
Your tax calculation sounds correct. For future reference, a quick way to estimate what you'll owe is to set aside about 25-30% of any freelance income for taxes. That usually covers both the income tax and self-employment tax. If your combined income pushes you into a higher tax bracket, remember that only the amount OVER the threshold gets taxed at the higher rate, not your entire income.
That's a really helpful rule of thumb! I had no idea how much to set aside. If I start setting aside 30% of my freelance income going forward, should I just make quarterly payments with that? And when are those even due?
Exactly - set aside that 30% and make quarterly estimated tax payments with it. The quarterly due dates are April 15, June 15, September 15, and January 15 of the following year (for 2025, the dates would be April 15, 2025, etc.) You can pay online through the IRS Direct Pay system or through their EFTPS (Electronic Federal Tax Payment System). Either way works fine. Just make sure you select "estimated tax" as the payment reason. Some freelancers I know set calendar reminders a week before each due date so they never miss one.
One additional approach to consider: Have you looked into creating a Foreign Disregarded Entity (FDE) in Peru? This could potentially simplify your structure. Rather than having the property go through your wife and then to the partnership, you could have your US partnership own a Peruvian entity directly. This Peruvian entity would be disregarded for US tax purposes but would give you legal standing in Peru. You'd report it on Form 8858 annually, but it might simplify the money flow and eliminate some of the steps you're planning. Just make sure the entity type you choose in Peru qualifies for this treatment under US tax rules.
That's an interesting approach I hadn't considered. Would this FDE structure eliminate the need for the funds to flow through my wife's account? Also, would my father-in-law's involvement be easier to structure with this approach?
Yes, with an FDE structure, the funds could flow directly from your US partnership to the Peruvian entity's account without going through your wife's personal account. This creates a cleaner audit trail and likely reduces your FBAR complexity. For your father-in-law's involvement, you have options. He could be a local director or manager of the Peruvian entity (compensated through fees) while not being a US tax partner. Alternatively, he could be a true partner in the US partnership with the foreign withholding requirements that entails. The FDE structure gives you flexibility either way. The biggest advantage is that for US tax purposes, it's as if your partnership owns the property directly, while for Peruvian legal and banking purposes, you have a local entity that can operate more easily.
Has anyone mentioned FIRPTA yet? If you're selling real property in Peru through a US entity, you need to be aware of how that's reported. The sale of foreign real property isn't subject to US FIRPTA withholding itself, but you still need to report the gain/loss correctly. Also, be careful about the classification of your Peruvian property investment. If it's for development (vs just appreciation), it might be considered a Passive Foreign Investment Company (PFIC), which opens up a whole new set of tax nightmares.
Isabella Santos
Another option - if you use a payroll service like Homepay or SurePayroll for your household employees, they can usually generate and file the W3 for you, even retroactively! I did this last year when I realized I had messed up my nanny's taxes. It costs a bit, but they handle all the forms and even deal with the SSA directly. Saved me tons of headache trying to figure out all the forms myself.
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Amina Diallo
ā¢I didn't use a payroll service last year, which is probably why I'm in this mess now! Do you know if these services can help with fixing past mistakes if I wasn't using them before? Or is it too late?
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Isabella Santos
ā¢They can definitely help with past mistakes even if you weren't using them before! Both Homepay and SurePayroll offer "catch up" services where they'll help you file the missing forms from previous years. You'll need to provide them with the payment information for your household employee from 2023, and they can generate the proper W2 and W3 forms. They usually charge a one-time fee for this service rather than making you sign up for ongoing payroll. It's totally worth considering if you want to make sure everything gets done correctly without having to learn all the details yourself.
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Ravi Gupta
One thing to watch out for - make sure you're using the CORRECT year W3 form! I made this mistake and it caused even more headaches. The 2023 W3 form is specifically for wages paid in 2023, not the year you're filing in. Also, if the SSA is asking you to submit these forms now, you might face penalties for late filing. You can request a penalty abatement by attaching a letter explaining why you filed late (reasonable cause). I did this when I messed up my housekeeper's forms and they waived most of the penalties.
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GalacticGuru
ā¢This is really important advice. I accidentally used the wrong year form once and it was a nightmare to fix. Another tip - keep copies of EVERYTHING you send to the SSA. I had to reference my copies when there was a mix-up with my household employee's Social Security earnings.
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