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Oliver Zimmermann

SMLLC vs. Individual for 1099-NEC Filing - Confusion with Contractor Payments

I started a single-member LLC for my freelance work last year, and now I'm super confused about how to issue a 1099-NEC to a contractor I paid (yeah I know I'm late on this). My main question is: do I need to send it FROM my LLC using the business EIN, or should I issue it as myself personally with my SSN? The addresses are different - I work from a commercial address for the LLC, but live elsewhere. Do I use my home address or the business address on the 1099? To make things more complicated, I've got two different 1099s from payment processors - one came with my personal name/SSN from before I formed the LLC, and another is made out to my LLC name with the EIN. When I'm filing in Turbo Tax, can I just enter them exactly as they were issued? I understand SMLLCs are "disregarded entities" for tax purposes, but this whole situation is making my head spin! Any advice would be really helpful because I'm trying to get everything squared away before I get hit with more penalties.

You're dealing with a common SMLLC confusion! Since you have a single-member LLC that hasn't elected to be taxed as a corporation, it's considered a "disregarded entity" for federal tax purposes. This means the IRS treats your business activities as your personal activities. For the 1099-NEC you need to issue: You should use your LLC's name and EIN on the form since that's the business identity your contractor worked with. Use the LLC's address as well. This creates a clean paper trail connecting your contractor to your business entity. For the 1099s you received: You're absolutely right to report both exactly as they were issued. On Schedule C (which is where your business income and expenses go), you'll report all business income regardless of whether it was paid to you personally or to your LLC. The IRS will match both the SSN and EIN forms to your tax return since they know your SMLLC is tied to your SSN. Don't forget that even though you're late on issuing the 1099-NEC, it's better to do it now than ignore it completely. You might face some penalties, but they'll be less severe than if you don't file at all.

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So if I understand correctly, I should file as a sole proprietor on my personal return but use the LLC info when dealing with contractors? Also, what about state taxes - does the same disregarded entity concept apply there or is that a whole different animal?

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Yes, you'll file as a sole proprietor on your personal return (using Schedule C) but use your LLC info when dealing with contractors. This maintains your business identity with them while satisfying IRS requirements. For state taxes, most states follow the federal treatment of SMLLCs as disregarded entities, but there are exceptions. Some states require separate LLC filings or impose franchise taxes regardless of federal treatment. You should check with your specific state's department of revenue or consult with a local tax professional to confirm the requirements for your state.

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Javier Torres

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After struggling with similar SMLLC tax confusion last year, I found this amazing tool called taxr.ai (https://taxr.ai) that saved me hours of frustration. I uploaded my LLC documents and payment processor 1099s, and it analyzed everything to show me exactly how to handle my situation. The tool specifically addressed the "disregarded entity" issue and showed me where to report each income source on my Schedule C. It also clarified when to use my EIN vs. SSN for different forms. I was particularly confused about how to handle payments received before vs. after forming my LLC, and taxr.ai had a specific section that addressed this exact scenario.

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Emma Davis

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Does it actually explain the reasoning behind the recommendations? I've used tax software that just tells me what to do without explaining why, which doesn't help me understand for next year.

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Malik Johnson

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I'm curious - does this work if you've elected S-Corp taxation for your LLC? My situation is slightly different since I'm not a disregarded entity anymore.

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Javier Torres

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It absolutely explains the reasoning! That's what I found most helpful - it references specific IRS rules and publications while explaining in plain English. For example, it showed me where in Publication 334 the disregarded entity rules are explained, then translated what that means for my specific situation. The tool does work for S-Corps as well. It has different analysis paths depending on your entity type and tax elections. Since S-Corps require different handling (like reasonable salary requirements and how distributions are reported), it provides specific guidance for those situations and explains the different tax treatment compared to disregarded SMLLCs.

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Emma Davis

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I was skeptical about taxr.ai from comment 2, but I gave it a try because I was completely lost with my SMLLC taxes. It actually saved me from making a huge mistake! I had been reporting my business income incorrectly by splitting it between personal and business entities. The document analysis showed me that ALL my business income should be reported on Schedule C, regardless of whether it was paid to me personally or to my LLC. It also explained exactly how to issue 1099s using my LLC information while still filing as a sole proprietor. The explanation about "disregarded entity" status finally clicked for me. What I found most valuable was the step-by-step guide for reporting both pre-LLC and post-LLC income on the same tax return. Definitely worth checking out if you're in the SMLLC confusion zone!

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If you're still trying to sort out the 1099-NEC issue with your contractor, I went through a similar nightmare last year. After trying to call the IRS for weeks with no success, I used Claimyr (https://claimyr.com) and got through to an actual IRS agent in under 20 minutes who walked me through the exact process. They confirmed I needed to use my LLC's EIN and address for the 1099-NEC even though I'm a disregarded entity. The agent also helped me understand how to handle the late filing penalties and gave me specific instructions for my state's requirements. You can see how the service works here: https://youtu.be/_kiP6q8DX5c Without this service, I probably would have given up after hours of hold music and automated messages. The IRS actually has a dedicated team that handles small business questions like yours, but getting through to them directly is nearly impossible without help.

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Ravi Sharma

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How does this actually work? Do they just call the IRS for you and then patch you through somehow? Seems weird that they could get through when regular people can't.

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NebulaNomad

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Yeah right. Nobody gets through to the IRS in 20 minutes. I've been trying for MONTHS to get someone on the phone about my business tax ID. What's the real secret here?

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They use a proprietary system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, you get a call connecting you directly to that person. They don't listen to your call or interact with the IRS on your behalf - they just handle the waiting part. The reason they're successful is they understand exactly which IRS departments handle which issues and the optimal times to call. They have technology that continuously dials until they get through, something most of us can't do manually. It's completely legitimate - they're essentially providing a "skip the line" service by handling the most frustrating part of contacting the IRS.

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NebulaNomad

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I have to eat my words from my skeptical reply above. After another failed attempt to reach the IRS about my SMLLC tax questions, I tried Claimyr out of desperation. Got connected to an IRS business specialist in about 35 minutes (not quite 20, but WAY better than my previous attempts). The agent confirmed everything the previous commenter said - use the LLC's EIN and address for issuing 1099-NECs, but report all business income on Schedule C regardless of how it was paid to you. They also helped me sort out some confusion about quarterly estimated payments I had been making under both my SSN and EIN. For anyone dealing with SMLLC tax confusion, being able to actually speak with an IRS agent who knows the rules makes a huge difference. Just make sure you have all your questions ready when you get connected!

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Freya Thomsen

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This might help - I went through this exact situation last year. If you're a single-member LLC that hasn't elected to be taxed as a corporation, you should: 1. Issue the 1099-NEC using your LLC's name, EIN and address (this is because the contractor did work for your business entity) 2. Report BOTH 1099s (personal and LLC) on your Schedule C 3. Make sure you're still filing Schedule SE for self-employment tax on the combined amount The most important thing to understand is that while you operate as a business with an EIN for certain functions (like paying contractors), all the income and expenses flow through to your personal return because the SMLLC is disregarded for federal tax purposes.

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Omar Fawaz

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What about state filing requirements? Do I need to file a separate state return for my LLC even though it's disregarded federally?

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Freya Thomsen

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State filing requirements vary significantly. In most states, your SMLLC will be disregarded for income tax purposes (just like federal), but many states require an annual report or franchise tax filing for the LLC entity itself regardless of its tax status. Some states like California have an annual LLC fee, while others might have minimal paperwork but still require you to file something to maintain your LLC status. Check your specific state's department of revenue website or secretary of state business portal for the requirements in your area. Don't skip this step - the penalties for missing state filings can be surprisingly steep!

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Chloe Martin

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Quick question - I'm using QuickBooks Self-Employed and it doesn't seem to understand this SMLLC setup. It keeps wanting me to separate personal vs business accounts but everything is mixed because of the disregarded entity thing. Anyone else figure out how to make QB work with this situation?

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Diego Rojas

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I ran into that same issue. What worked for me was setting up QuickBooks as if I'm a sole proprietor (which technically you are for tax purposes), but I labeled all my accounts and categories with clear LLC designations. For example, I named my business bank account "LLC Business Checking" in QB. The key is understanding that the separation is really for your own bookkeeping clarity, not because the IRS requires it. As long as all business income and expenses end up on your Schedule C, you're good.

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