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Zainab Khalil

How do I issue 1099-NEC from my SMLLC vs filing as individual for contractor payments?

I set up a single-member LLC for my freelance work about 8 months ago, and now I need to send a 1099-NEC to someone I hired to help with a project (yeah I know I'm late on this). I'm totally confused whether I should be issuing this from my LLC using its EIN, or if I should be doing it from myself personally with my SSN since a SMLLC is "disregarded" for tax purposes? The LLC has a different physical address than my home address - so if I'm supposed to use my personal info, which address goes on the form? I have an EIN for the LLC but don't have a personal EIN. To complicate things more, I have two different 1099s from payment processors - one is in my personal name with my SSN (from before I formed the LLC), and the other is made out to my LLC name with its EIN. When I file with TurboTax, can I just enter both of these exactly as they were issued? Or do I need to somehow consolidate them since the SMLLC is "disregarded"? This whole single-member LLC tax situation is making my head spin. Any help would be greatly appreciated!

QuantumQuest

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The good news is this isn't as complicated as it seems! Since your LLC is a single-member LLC that hasn't elected to be taxed as a corporation, it's considered a "disregarded entity" for federal tax purposes. For issuing the 1099-NEC to your contractor: You should issue it from your LLC using the LLC's EIN and address. Even though the LLC is disregarded for income tax purposes, it's still recognized as a separate entity for employment tax purposes (which includes contractor payments requiring 1099s). For your income reporting: Both 1099s (the one with your SSN and the one with your LLC's EIN) should be reported on your personal tax return (Schedule C). Since the SMLLC is disregarded, all of its income and expenses flow through to your personal return. When using TurboTax, you can enter both 1099s exactly as they were issued. The software will combine them onto your Schedule C. Think of your LLC as a "tax shell" - legally separate, but the IRS sees through it to you for income tax purposes.

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Zainab Khalil

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Thanks so much for the clear answer! So just to double-check - when I issue the 1099-NEC, I should put the LLC name as the "payer" along with the LLC's EIN and address, not my personal info? And with TurboTax, will it automatically know to combine both 1099s (personal SSN and LLC EIN) onto the same Schedule C, or will I need to do something special to tell it these are for the same business?

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QuantumQuest

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Yes, you should put the LLC name as the "payer" along with the LLC's EIN and address when issuing the 1099-NEC. This is correct since the LLC is the entity that actually paid the contractor. TurboTax should handle this situation well. When you enter the 1099s, it will ask about your business information. As long as you indicate that both 1099s relate to the same business activity, the software will combine them onto the same Schedule C. You might see two separate entries in the income section of Schedule C, but they'll feed into the same total business income. If you're unsure during the process, TurboTax has help articles specific to single-member LLCs that can guide you through it.

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Connor Murphy

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After struggling with almost the identical situation last year, I found this amazing tool called taxr.ai (https://taxr.ai) that saved me so much stress with my SMLLC taxes. I was getting conflicting advice about issuing 1099s through my LLC vs personally, and their document analysis flagged exactly where I was making mistakes with my forms. It showed me that I needed to use my LLC info for issuing 1099s but report all income on my personal return. The best part was uploading my operating agreement and having it automatically extract the relevant tax treatment clauses that I needed to follow. It gave me specific instructions for Turbo Tax too about how to handle the mixed 1099s (some to me personally, some to my LLC).

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Yara Haddad

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Does it actually explain step by step what to do in TurboTax? That's where I always get stuck - the software asks questions I don't understand about business structure. And what about state filing for an LLC? Does it help with that part too?

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I'm skeptical about these online tools. How does it actually verify what it's telling you is correct? The IRS rules for SMLLCs seem to change constantly and I've been burned before by outdated advice. Does it cite specific tax code or rulings?

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Connor Murphy

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It absolutely provides step-by-step TurboTax guidance! It actually shows you screenshots of the exact screens where you need to make specific selections for SMLLC treatment. It really helped me understand what each question was actually asking, especially around business structure. For state filing, it analyzes your specific state's requirements separately from federal, which was eye-opening for me. My state treats my SMLLC differently than the federal government does, and I would have filed incorrectly without knowing this. It references specific state regulations alongside federal ones.

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I wanted to follow up about my experience with taxr.ai. After being skeptical in my earlier comment, I decided to try it since I was totally stuck with my SMLLC situation similar to the original poster. I'm genuinely impressed. It analyzed my operating agreement, previous tax returns, and 1099s (some to me, some to my LLC), and gave me a comprehensive report showing exactly what I was doing wrong. The tool specifically flagged that I had been inconsistently reporting my SMLLC income between federal and state returns, which could have triggered an audit. It also gave me precise guidance on issuing 1099-NECs from the LLC rather than personally, with references to the actual IRS regulations. What I appreciated most was that it explained WHY each recommendation was correct, not just what to do.

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Paolo Conti

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If you're still having trouble getting IRS clarification on how to handle your SMLLC filing situation, I highly recommend Claimyr (https://claimyr.com). I was tearing my hair out trying to reach someone at the IRS about confusion with my LLC's 1099 reporting requirements. After waiting on hold for 3+ hours and getting disconnected twice, I found Claimyr. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Within 20 minutes of using their service, I was talking to an actual IRS agent who walked me through the exact requirements for SMLLC 1099 reporting. They confirmed I needed to use my LLC's EIN for issuing 1099s while still reporting all income on my personal return. The agent even sent me follow-up documentation to keep on file in case of questions later.

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Amina Sow

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How does this actually work? I've never been able to get through to the IRS no matter what time of day I call. Do they somehow have special access to the IRS phone lines? That seems unlikely.

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This sounds like snake oil to me. The IRS wait times are a systemic problem. No way some service can magically get you through when millions of people can't get answers. Did you actually verify the person you spoke to was a real IRS agent? I'm highly doubtful this works as advertised.

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Paolo Conti

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It works by using automated technology to handle the waiting process for you. They basically have a system that calls the IRS and navigates through all the initial prompts and waits on hold in your place. Once they've reached an agent, then they call you and connect you directly to that agent. It's not about having special access - it's about automating the horrible waiting process. Yes, I absolutely verified I was speaking to a real IRS agent. The Claimyr service connects you to the actual IRS phone line once they've navigated through the wait time. The agent identified themselves with their IRS ID number, and the information they provided matched exactly with IRS publications. They even sent me official IRS documentation about SMLLC filing requirements that I could save for my records.

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I need to publicly admit I was wrong about Claimyr. After being super skeptical in my comment, I tried it because I was desperate for answers about my SMLLC tax situation. Within 15 minutes of using their service, I was talking to an actual IRS representative who cleared up my confusion about issuing 1099s from my LLC vs. personally. The agent confirmed exactly what others here said - use the LLC's EIN and address for issuing 1099-NECs, but report all income on my personal return since it's a disregarded entity. They even explained why this seemingly contradictory treatment exists (it's because employment tax obligations are handled differently than income reporting for SMLLCs). Honestly, after 5 failed attempts to reach someone at the IRS on my own, this service was absolutely worth it. The relief of finally getting an official answer directly from the IRS was huge.

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GalaxyGazer

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Another SMLLC owner here - don't forget state filing requirements! Federally your SMLLC is disregarded, but many states require separate LLC filings/fees even though there's no separate tax return. I made this mistake my first year and got hit with a $800 penalty in California. Make sure you're fulfilling ALL your LLC obligations beyond just the federal tax component.

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Zainab Khalil

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Good point, thanks! I'm in Texas, do you know if there are special state filing requirements here for a SMLLC? Is this something I can also handle through TurboTax or do I need to deal directly with the state?

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GalaxyGazer

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Texas is actually one of the better states for SMLLCs! Texas doesn't have personal income tax, but they do have a franchise tax for LLCs. The good news is that there's a "No Tax Due" threshold - if your LLC's annual revenue is less than $1,230,000 (for 2023), you can file the "No Tax Due" report and not owe any franchise tax. Just don't skip filing this report, as there are penalties for not filing even if you don't owe anything. TurboTax doesn't handle the Texas franchise tax filing - you'll need to do this directly with the Texas Comptroller's office. They have an online filing system called Webfile that makes it pretty straightforward. The annual report is typically due May 15th each year.

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Oliver Wagner

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Just want to clarify something that confused me with my SMLLC - when they say "disregarded entity" it ONLY means for federal income tax. The LLC is still very much a separate legal entity for liability protection, and as others mentioned, even the IRS treats it separately for certain tax functions like employment taxes and 1099 issuance. Don't make the mistake of thinking "disregarded" means it doesn't exist!

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This! I thought "disregarded" meant I could just ignore the LLC entirely for all tax purposes and got a nice letter from the IRS asking where my 941s were since I had employees under my LLC's EIN. Expensive lesson learned.

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Does anyone know if you can have multiple SMLLCs? Im thinking about starting a second business but keeping it separate from my first one. Would I report both on the same Schedule C or have multiple Schedule Cs?

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QuantumQuest

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Yes, you can definitely have multiple SMLLCs as a single individual! This is actually a smart strategy for separating different business activities. You would file a separate Schedule C for each LLC if they are different types of businesses. The key factor is not whether they're separate LLCs, but whether they're separate business activities. For example, if one LLC is for consulting and another is for retail sales, you'd want separate Schedule Cs because they're different business types.

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Sayid Hassan

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Great question! I went through this exact same confusion last year with my SMLLC. Here's what I learned after consulting with a tax professional: For issuing the 1099-NEC: Use your LLC's information (LLC name, EIN, and LLC address) as the payer. Even though it's a disregarded entity for income tax purposes, the LLC is still the legal entity that made the payment to your contractor. For your mixed 1099s: You're absolutely right to report both exactly as issued on your tax return. The one with your SSN goes on Schedule C as normal business income, and the one with your LLC's EIN also goes on Schedule C (same schedule). TurboTax handles this well - just make sure when you enter the LLC's 1099, you indicate it's for the same business activity. One tip that saved me headaches: Keep really good records showing which payments came through which entity. It helps during tax prep and if you ever get questions later. Don't stress too much about being late on the 1099-NEC - as long as you get it filed soon, the penalties aren't usually too severe for first-time issues. The important thing is getting it right going forward!

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Giovanni Conti

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Thanks for this helpful breakdown! I'm also dealing with a similar SMLLC situation and had one follow-up question - when you say to keep good records of which payments came through which entity, what's the best way to organize that? I have some payments that went directly to my personal accounts before I formed the LLC, and others that went to the LLC bank account after formation. Should I be tracking this in a spreadsheet or is there a better system you'd recommend for staying organized with mixed payment sources?

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