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Should I incorporate my 1099 income?

Posted on 8/19/23 at 5:06 pm
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69908 posts
Posted on 8/19/23 at 5:06 pm
So here's the situation, I work a regular 9-5 now after being self employed for 18 years.

I currently receive roughly $50K annually in residual income from my previous career...yes, it's nice.

The problem is, this residual income is subject to self employment tax and income tax.

Is it worth it to do an S corp? Not quite clear on how this would work. Thanks in advance.

Posted by AuburnCPA
Member since May 2008
18821 posts
Posted on 8/19/23 at 6:29 pm to
Suppose to pay a reasonable salary in an s-corp so technically the IRS could come back and slap SE tax on u
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89531 posts
Posted on 8/19/23 at 7:50 pm to
quote:

Is it worth it to do an S corp? Not quite clear on how this would work. Thanks in advance.


It is enough to justify visiting with a tax professional and, perhaps, a financial advisor as well. Depending on what it is, how it is paid, and other factors, there might be some room to work to at least reduce some of your ongoing liability.

What is the nature of this income, if I might ask?
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69908 posts
Posted on 8/19/23 at 8:06 pm to
quote:

What is the nature of this income, if I might ask?



Residuals from insurance sales. Basically I get a percentage of the annual premiums of every policy I ever sold that's still in force, it's paid weekly as policies renew. It'll eventually taper off, but it's only dropped about $2K in the last 2 1/2 years.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 8/19/23 at 10:14 pm to
A reasonable salary in an s corp is going to eat up most of that.

Look at max out a SEP.
Posted by dstone12
Texan
Member since Jan 2007
30259 posts
Posted on 8/19/23 at 10:33 pm to
Talk to an accountant about a hybrid s & corp.

Pay an atty 1k to set it up.
Posted by Drizzt
Cimmeria
Member since Aug 2013
12883 posts
Posted on 8/20/23 at 8:03 am to
There are definite tax advantages available as an S corp for 1099 income. You can deduct things like car, home office, any travel you can associate with business in some way, etc. Also, if your current W2 job is more than $138,000 a year, all your FICA is already covered. You only pay self employment up to that number as I understand it. I’ve also found great tax savings with real estate investments that give you a K1. A $50,000 investment saved my $17,000 in 1099 taxes last year and the investment itself is profitable. I use Boardwalk Wealth. Maybe this isn’t worth it to you on $50,000 but it’s definitely worth it to me on my 1099 income.
This post was edited on 8/20/23 at 8:05 am
Posted by Newgene
Waveland, MS
Member since Nov 2005
7236 posts
Posted on 8/20/23 at 9:22 am to
I would look into a few things:

- Are you sure this is "earned income" and cannot be considered a cap gain, dividend, etc. Sounds like income, but just checking.
- With income to report, do you also have expenses that are not being reported? After all, it's business income. It's not reasonable to assume that you spend no time, money, energy, percentage of house, etc. to managing it. Even a closet with records is something. If you need a computer, pay for an accountant, etc., it's not zero.
- Have you looked at a solo 401k if you have not reached the federal 401k limit ($66k under 50)? This may not off-set net earnings like a below the line deduction, but it will get the state and federal out of it. If you are over the $160,200 social security cap, this is less of an issue, as well. It's still better to deduct it away, but this will at least defer the tax bill now.
- Does it make sense to increase some of your activity in this old business now, but not to the point it's a burden? This is great to legitimize deductions. You already have the income. So, there is little chance your business is going to show a loss, which is a problem for folks who make the mistake of starting businesses just to "claim deductions."
Posted by BlueDogTiger
Member since Jan 2014
1310 posts
Posted on 8/21/23 at 1:21 am to
Doesn't matter. Either way you going to file it on a Schedule C. Even if you set up a Sub S or an LLC it will still be filed same way. and you still have the same deductions, which is probably nothing since its trails.
Posted by slackster
Houston
Member since Mar 2009
84886 posts
Posted on 8/21/23 at 6:56 am to
quote:

I’ve also found great tax savings with real estate investments that give you a K1. A $50,000 investment saved my $17,000 in 1099 taxes last year and the investment itself is profitable. I use Boardwalk Wealth. Maybe this isn’t worth it to you on $50,000 but it’s definitely worth it to me on my 1099 income.


How does this work?
Posted by Fat Bastard
coach, investor, gambler
Member since Mar 2009
72649 posts
Posted on 8/21/23 at 8:07 am to
meh. look i love having a corporation and being taxed as an S-corp as it saves me gobs of money....but being you are an W2 for somebody else already.....ugh. look for some other way to get that money into tax deferred accounts.

i would not do an S-corp for that. you would be better served IF that money was classified as portfolio income or passive income then you would not have to worry about SE tax(unless you get hit with additional tax based on income for the portfolio side). but since it is EARNED income you are screwed. I would just try to mitigate as much tax as you can and leave as is. especially if these amounts will keep dropping.
This post was edited on 8/21/23 at 8:11 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 8/21/23 at 10:05 am to
quote:

’ve also found great tax savings with real estate investments that give you a K1. A $50,000 investment saved my $17,000 in 1099 taxes last year and the investment itself is profitable. I use Boardwalk Wealth. Maybe this isn’t worth it to you on $50,000 but it’s definitely worth it to me on my 1099 income.



Uhhh. Are you preparing your own tax returns?

You might want to look at the passive activity rules, for a start.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37105 posts
Posted on 8/21/23 at 10:06 am to
quote:

Either way you going to file it on a Schedule C. Even if you set up a Sub S or an LLC it will still be filed same way


100 percent incorrect. S Corp does not use Schedule C. S corp requires it's own tax return, a K-1 to the individiual, and payroll tax returns.

quote:

nd you still have the same deductions, which is probably nothing since its trails.


Now this is correct.
Posted by cfotiger
Baton Rouge
Member since Oct 2011
772 posts
Posted on 8/21/23 at 1:35 pm to
If you think the residuals will last for 3 to 5 years, it's probably worth it to set up an S Corp and pay yourself a nominal salary out of the S Corp and take the remainder as dividends.

But beware, the S Corp will have quarterly payroll tax returns to file, annual W-2, and a separate annual income tax return. So way the social security and medicare tax savings against the additional costs to file returns, recordkeeping etc.
Posted by LSUtiger89
Baton Rouge
Member since Dec 2007
3639 posts
Posted on 8/23/23 at 10:42 pm to
quote:

Look at max out a SEP.


I would look at a solo401. Can write off more if you don’t need it. You can actually deduct your entire $50k with the solo.
Posted by Drizzt
Cimmeria
Member since Aug 2013
12883 posts
Posted on 8/24/23 at 6:23 am to
I have a CPA and you got first year accelerated bonus depreciation in 2022 on property. Consult your tax advisor.
Posted by slackster
Houston
Member since Mar 2009
84886 posts
Posted on 8/24/23 at 6:34 am to
quote:

have a CPA and you got first year accelerated bonus depreciation in 2022 on property. Consult your tax advisor.


But how did you “save” $17k in taxes with a $50k investment in the same year? You can’t take a deduction for depreciation that’s above your real estate income, right?
Posted by Drizzt
Cimmeria
Member since Aug 2013
12883 posts
Posted on 8/24/23 at 6:37 am to
I had income from two rentals and $17,000 in dividends but I let my CPA worry about that. I also have an LLC generating over 200k a year outside my W2.

I did another $80k investment in apartments being built this year that I’ll get a K1 for. It will be interesting to see what the tax savings are with the Trump tax changes ended.
This post was edited on 8/24/23 at 7:53 am
Posted by slackster
Houston
Member since Mar 2009
84886 posts
Posted on 8/24/23 at 6:47 am to
quote:

I had income from two rentals but I let my CPA worry about that. I also have an LLC generating over 200k a year outside my W2.


I’m about 99% positive that the firm you mentioned for the investment can only help you offset passive income, and obviously that depreciation doesn’t forever. Keep us posted on how the new investment “helps”.
Posted by FriscoTiger1973
Frisco, Texas
Member since Jan 2012
1414 posts
Posted on 8/25/23 at 3:51 pm to
I did an S corp for about 10 years. You can run a lot of things through it and that works out if you’re a sole employee. Your chances of an audit with $50,000 is about zero with an S Corp. You will have to file Federal and State returns, etc. That can be a significant cost, just be prepared for that. Also, since you earned the residuals as an individual, will your old client be open to paying the corporation. How long will you receive the residual pay and will it decline over time?
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