Susie King Taylor2 360x1000
12albion
10abion
1gucci
11632
Samuel Johnson 360x1000
2albion
1lafayette
2jesusandjohnwayne
3defense
4confidencegames
3paradise
1lookingforthegoodwar
2transadentilist
6albion
2confidencegames
8albion'
1trap
1transcendentalist
George F Wil...360x1000
Thomas Piketty3 360x1000
Maria Popova 360x1000
Brendan Beehan 360x1000
4albion
Mark V Holmes 360x1000
Lafayette and Jefferson 360x1000
2theleastofus
Learned Hand 360x1000
Anthony McCann1 360x1000
George M Cohan and Lerarned Hand 360x1000
Anthony McCann2 360x1000
Spottswood William Robinson 360x1000
14albion
499
Stormy Daniels 360x1000
Maurice B Foley 360x1000
1lauber
2lookingforthegoodwar
13albion
2trap
Margaret Fuller1 360x1000
LillianFaderman
Gilgamesh 360x1000
Edmund Burke 360x1000
Office of Chief Counsel 360x1000
11albion
3albion
Thomas Piketty2 360x1000
5albion
James Gould Cozzens 360x1000
Ruth Bader Ginsburg 360x1000
Mary Ann Evans 360x1000
3confidencegames
2defense
199
Margaret Fuller 360x1000
storyparadox3
1defense
3theleastofus
399
7albion
lifeinmiddlemarch1
Adam Gopnik 360x1000
lifeinmiddlemarch2
299
AlexRosenberg
1empireofpain
Richard Posner 360x1000
2falsewitness
Thomas Piketty1 360x1000
1albion
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2gucci
Margaret Fuller 2 360x1000
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Storyparadox1
2paradise
Margaret Fuller3 360x1000
9albion
Betty Friedan 360x1000
Margaret Fuller2 360x1000
1jesusandjohnwayne
7confidencegames
2lafayette
Susie King Taylor 360x1000
Tad Friend 360x1000
Margaret Fuller5 360x1000
6confidencegames
Margaret Fuller4 360x1000
1falsewitness
storyparadox2

Originally published on PAOO December 29, 2009.

 

The health care reform bill in the Senate has some provisions that have nothing to do with health, care or reform. They are in there to get some more money coming in. One of them is to eliminate the exception to information reporting where the recipient is a corporation. Businesses that are serious about 1099 compliance probably won’t be affected all that much. They probably already send 1099’s to corporate vendors, since you really don’t know whether an entity is a trade name, a corporation or possibly an LLC. There may be a sever wake-up call for other businesses.

I sometimes get the impression that most 1099’s are sent to people who are actually employees. They will be referred to as “independent contractors” or “contract labor”. There are around 20 factors that distinguish an independent contractor from an employee. I’ve come up with a much simpler analysis. If you ask the question, they are probably employees.

Then there are all these actual independent contractors who show up when you call them – or not, with their own stuff and maybe people who work for them and do something or other that is an ordinary and necessary expense of your trade or business. You get a bill from them and make out a check to Fred’s Plumbing and don’t think about sending a 1099. Those are for the so-called “independent contractors”. You figure they must be corporations anyway. Even though you are an LLC. If you provide services to businesses and are not incorporated how many of your clients/customers send you 1099’s ? They all should.

I didn’t used to worry about this quite as much until I read the IRS audit manual for auto body repair shops. The writer makes the interesting observation that there might be more money in penalties for failure to withhold from the people you should have sent 1099’s than in disallowing deductions.

So for now you can say I could have sworn they were incorporated and hope for the best. You won’t have that out in 2011, but you won’t have to worry about your health anymore. Right ?

Oh by the way :
Any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.