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