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

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.