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

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.