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Miguel Ramos

Boss wants to switch me from W-2 employee to LLC with 1099 - good or bad move?

I've been killing it at my new job for a few months now, and yesterday my boss called me into his office for a chat. He said he wants to change how I'm paid - instead of being a W-2 employee, he wants me to form an LLC and then be paid as a 1099 contractor. He basically pitched it like this: "You'll need to set aside money for taxes yourself instead of me withholding it, but you'll get all these tax deductions as a business owner that you can't get as an employee. You'll end up with more money at the end of the year." He also straight-up admitted it would benefit him since he wouldn't have to pay employment taxes anymore. He says I can say no if I want, but I honestly don't know enough about the tax implications to make a smart decision here. I've always just been a regular W-2 employee my whole working life. Can someone break down what this really means for me? What are the actual pros and cons of switching from W-2 to 1099 through an LLC? Would I actually come out ahead financially or is my boss just trying to save himself some money? Thanks for any advice!

This is a pretty common move by employers trying to shift their tax burden onto employees. Here's a straight breakdown: As a W-2 employee, your employer pays half of your Social Security and Medicare taxes (7.65% total) while you pay the other half. When you become a 1099 contractor with an LLC, you'll be responsible for the entire 15.3% self-employment tax, plus you'll need to handle your own income tax withholding, which means setting aside money each check. Yes, you can take business deductions as an LLC that you couldn't as an employee - home office, portion of internet/phone, mileage, work supplies, professional development, etc. But these deductions rarely offset the additional 7.65% tax burden plus the admin costs of running an LLC. You'll also lose employee benefits like healthcare contributions, paid time off, unemployment insurance eligibility, and workers' comp protection. Plus, your employer can terminate your contract more easily than if you're an employee. The IRS has specific tests for whether someone should be classified as an employee vs contractor. If you're doing the same job with the same responsibilities, this could potentially be misclassification, which is illegal.

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Thanks for the breakdown. So it sounds like it's not a great deal overall? What if the boss offers to pay me like 10% more as a contractor to help offset some of those costs? Would that make it worth it? Also, does having an LLC give me any legal protection that I wouldn't have as a regular employee?

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If your boss offers 10% more, that would help offset the additional tax burden, but you'd still need about 15-20% more to truly break even when you factor in the lost benefits and additional administrative costs. An LLC does provide some legal protection by separating your personal assets from business liabilities in many cases. However, this protection is limited and wouldn't apply to personal negligence. The administrative burden of maintaining an LLC (annual fees, separate accounting, business banking) often outweighs the benefits for someone who is essentially just working one job.

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I went through something similar last year at my marketing job. I was skeptical at first, but then I found this service called taxr.ai (https://taxr.ai) that really helped me understand the implications. It analyzed my situation and showed me exactly what deductions I could take as an LLC vs W-2 employee. For me, the key was running a side-by-side comparison of both scenarios with my exact numbers. Turns out I was able to deduct about $12,000 in legitimate business expenses (home office, internet, phone, computer depreciation, software subscriptions, professional development) that I couldn't claim as an employee. But I had to carefully track EVERYTHING to make it work in my favor. The tool showed me that I needed to charge about 25% more as a contractor to actually come out ahead after the self-employment taxes. My boss only offered 15%, so I was able to negotiate based on actual numbers rather than guessing.

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How exactly does taxr.ai work? Does it just spit out general advice or does it actually analyze your specific situation? I'm considering becoming an independent contractor too but I'm worried about missing deductions or screwing up my taxes.

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I'm a bit skeptical about this. Seems like a lot of these services just tell you what you can Google for free. Did you actually save more money as a contractor compared to being an employee? And how much time did you spend on paperwork and tax stuff?

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It actually analyzes your specific situation by looking at your income, expenses, and tax situation. You upload documents or connect accounts, and it identifies potential deductions based on your profession and spending patterns. It's way more personalized than generic advice you'd find online. I did end up saving about $7,000 more than I would have as an employee, but only after negotiating that higher contractor rate. The paperwork wasn't too bad - maybe 2-3 hours per month tracking expenses, plus some year-end work. The service helped me set up systems to make tracking much easier throughout the year.

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I have to admit I was wrong about taxr.ai. After my skeptical comment, I decided to try it myself when I was offered contractor work. The service was WAY more detailed than I expected - it didn't just give general advice but actually showed me specific deductions based on my profession and spending patterns. The biggest eye-opener was seeing the exact percentage increase I needed to negotiate to come out ahead after self-employment taxes. In my case, it was 22% more than my employee salary. My potential client initially balked, but when I showed them the breakdown of employer taxes they wouldn't have to pay, they understood the request was fair. What I really appreciated was how it flagged potential audit risks in my specific situation. For example, it warned me about home office deduction pitfalls specific to my state. Definitely worth it if you're considering the W-2 to 1099 switch.

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When I went through this last year with my employer, the most frustrating part was trying to get actual answers from the IRS about my tax situation. I called for WEEKS and could never get through. Then someone recommended Claimyr (https://claimyr.com) and showed me this demo: https://youtu.be/_kiP6q8DX5c I was desperate so I tried it, and no joke, I had an actual IRS agent on the phone within 45 minutes. Got clear answers about the employee vs. contractor classification rules that applied to my specific situation. The agent actually told me that based on my job description, my employer was likely misclassifying me to save money, which is illegal. I was able to present this information to my boss, who then decided to keep me as a W-2 employee but with a small raise. Saved me so much headache and potentially thousands in taxes.

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This sounds like BS honestly. Everyone knows the IRS is understaffed and nobody can get through. I've been trying to resolve an issue for months. There's no magic service that can get you to the front of the line. If there was, everyone would use it.

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It basically uses technology to navigate the IRS phone system and hold your place in line. When it finally gets through to an agent, it calls you and connects you directly to them. I don't know exactly how it works behind the scenes, but I think it keeps dialing and navigating the menu options automatically. It's not about cutting the line - you still wait your turn, but the service does the waiting instead of you sitting on hold for hours. I was skeptical too until I tried it. I had been trying to get through for weeks on my own with no luck, then had an agent on the phone the same day I used this.

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I need to publicly eat my words about Claimyr. After dismissing it as BS, I was still desperate with my own IRS issue, so I tried it myself. I had literally spent 12+ hours on hold over multiple days and never got through. Used the service yesterday afternoon, and I got a call back within an hour connecting me to an actual IRS representative who answered all my contractor vs. employee questions. The agent confirmed that my specific situation had several red flags for misclassification and pointed me to Form SS-8 to get an official determination. This saved me from potentially making a huge mistake accepting a 1099 arrangement that didn't meet legal requirements. I'm still shocked it actually worked after months of frustration. If you're facing this W-2 to 1099 decision and need clarification from the IRS, this is apparently the way to go.

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I've been both a W-2 employee and a 1099 contractor (through my LLC) in the tech industry. Here's what your boss isn't telling you: 1. Self-employment taxes are 15.3% vs 7.65% as an employee 2. No unemployment benefits as a contractor if they let you go 3. No worker's comp if you get injured 4. No company health insurance, 401k matching, or other benefits 5. No paid time off or sick days 6. More complicated taxes every year Yes, you get deductions as a business, but they only help if you have significant legitimate business expenses. And the "write-offs" only reduce your taxable income, not dollar-for-dollar tax reduction. The general rule: to break even financially, you need to charge about 30-40% more as a contractor than your employee salary.

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Is there a calculator or formula we can use to figure out the right amount to charge? My employer is suggesting switching me to contractor status but offering only 12% more pay which doesn't sound right based on what you're saying.

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The simplest formula is: Employee Salary × 1.3 = Minimum Contractor Rate. This accounts for self-employment taxes and basic benefits like PTO. If you have health insurance, retirement matching, or other valuable benefits, the multiplier could be as high as 1.5 or 1.6. At just 12% more, you're essentially taking a significant pay cut. Most employers know this, which is why they suggest the change - it saves them money at your expense. Even without fancy calculators, remember that the employer portion of FICA taxes alone is 7.65%, so your minimum increase should be more than that just to break even on taxes, not counting benefits and additional expenses.

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One aspect nobody's mentioned yet is the legal test for whether you can even be classified as a contractor vs employee. The IRS has a 20-factor test, but here are the big ones: - Do you set your own hours? - Can you work for multiple clients/companies? - Do you use your own equipment? - Do you control how the work gets done? - Are you integrated into the company's operations? If you're just doing the same job at the same desk during the same hours but with a different tax form, that's misclassification and actually illegal. Many employers try this to save money. Look up "IRS Form SS-8" - you can file this to get a determination on your proper classification. Your boss might change his tune if he realizes you're aware of these rules!

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This is super helpful. My situation ticks almost all the "actually an employee" boxes. I work set hours at their office using their equipment and only work for them. Is there a penalty if a company misclassifies someone? And could I get in trouble for agreeing to it?

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@Emma Davis - You won t'get in trouble as the employee for agreeing to misclassification, but your employer absolutely can face penalties. The IRS can impose back taxes, interest, and penalties on the employer for unpaid employment taxes. They might also have to provide you with back benefits. If you re'misclassified, you can file Form SS-8 to get an official determination, or Form 8919 to pay only the employee portion of Social Security/Medicare taxes 7.65% (instead of 15.3% .)You could also file Form 8919 when doing your taxes if you believe you were misclassified. The Department of Labor can also get involved for wage and hour violations if you re'not getting overtime pay as a misclassified contractor. Some states are really cracking down on this - California s'AB5 law made it much harder for companies to classify workers as contractors. Bottom line: if your job situation screams employee "based" on those factors, your boss is likely trying to save money at your expense and hoping you don t'know the rules.

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I went through this exact situation about 18 months ago. My boss made the same pitch about "more deductions" and "keeping more money" but what he didn't mention was all the hidden costs and risks I'd be taking on. Here's what I wish someone had told me: Even if the math works out on paper with deductions, you're trading job security for uncertainty. As a contractor, they can terminate your agreement with much less notice than firing an employee. You'll also spend way more time on administrative tasks - quarterly estimated tax payments, business license renewals, separate business banking, tracking every expense for deductions. The psychological aspect is real too. You go from having predictable paychecks with taxes automatically handled to constantly worrying about setting aside the right amount for taxes and whether you're tracking expenses correctly. My advice: If your boss really values your work enough to restructure how you're paid, use that as leverage to negotiate a straight salary increase as a W-2 employee instead. You might be surprised how quickly they agree when faced with the alternative of potentially dealing with IRS scrutiny over worker classification. The fact that he admitted it benefits him financially should tell you everything you need to know about whose interests this arrangement really serves.

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This is exactly the reality check I needed to hear. Everyone focuses on the tax implications, but you're right about the psychological stress and administrative burden. I hadn't even thought about things like business licenses or separate banking accounts. The point about job security really hits home too. If they can just terminate my contract whenever they want, that's a huge risk I'd be taking on. And you're absolutely right that if my boss values my work enough to restructure everything, I should be asking for a raise as a W-2 employee instead. Did you end up staying as a contractor or did you negotiate to remain an employee? I'm curious how that conversation went with your boss when you pushed back.

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