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1099 pay

Posted on 11/23/14 at 9:07 am
Posted by Amyylove
Carlsbad, CA
Member since Dec 2007
417 posts
Posted on 11/23/14 at 9:07 am
My wife and I have full time jobs. I have a second job that is a 1099 job. What is the best way to keep most of the money with out having to pay much in taxes? Should I start a "business"? I wouldn't mind putting the money in some type of retirement fund. Together we make about 170k with out the secind job.
Posted by LSURussian
Member since Feb 2005
126937 posts
Posted on 11/23/14 at 9:25 am to
Open a SEP (Simplified Employee Pension). Your 1099 income, if it's not paid by your primary W-2 employer, is considered self-employment income and you can contribute an amount to the SEP and deduct what you contribute from your self-employment income.

It's one of the few ways you can deduct and expense that you pay for yourself.
Posted by RocktownHog52
Little Rock
Member since Sep 2013
422 posts
Posted on 11/23/14 at 8:36 pm to
Incorporate yourself. It's a few hundred dollars a year. Start a SEP IRA or individual 401k. You can deduct expenses and you can invest up to 25% tax deductible up to $52K.
Posted by iknowmorethanyou
Paydirt
Member since Jul 2007
6545 posts
Posted on 11/24/14 at 7:47 am to
Tax evasion.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37004 posts
Posted on 11/24/14 at 9:21 am to
Make sure you keep track of any expenses involved with producing this income.
Posted by Brummy
Central, LA
Member since Oct 2009
4496 posts
Posted on 11/24/14 at 11:45 am to
quote:

Incorporate yourself. It's a few hundred dollars a year. Start a SEP IRA or individual 401k. You can deduct expenses and you can invest up to 25% tax deductible up to $52K.

I don't think incorporating is necessary to take deductions or contribute to a SEP as long as you report it as self-employment income.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/24/14 at 12:19 pm to
quote:

Your 1099 income, if it's not paid by your primary W-2 employer, is considered self-employment income and you can contribute an amount to the SEP and deduct what you contribute from your self-employment income.
Not quite. Self-employment income is a specific type of income that is part of gross income. Contributions to retirement plans are deducted on Form 1040 as adjustments to gross income, not deductions from self-employment income.

The OP would claim the deduction after the amount of self-employment income is determined on Sch. C. The deduction for retirement contributions will reduce the amount of income subject to income tax, but it will not reduce self-employment income subject to self-employment tax. The OP will also be able to claim a deduction for 50% of the self-employment tax determined on Sch. SE.
Posted by LSURussian
Member since Feb 2005
126937 posts
Posted on 11/24/14 at 2:06 pm to
It's the same result, nitpicker.

I've been self-employed for years, I've had a SEP all that time and I do my own taxes on TurboTax so I know what forms are used.

He was looking for big picture information, i.e., "What is the best way to keep most of the money with out having to pay much in taxes? Should I start a "business"? I wouldn't mind putting the money in some type of retirement fund."
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/24/14 at 2:49 pm to
quote:

It's the same result, nitpicker.
No, it is not the same result. I have 25+ years of experience providing tax advice and preparing tax returns that back my assertion.

quote:

I've been self-employed for years, I've had a SEP all that time and I do my own taxes on TurboTax so I know what forms are used.
I've been reconciling my checking account for years, would you trust me for banking advice?

quote:

"What is the best way to keep most of the money with out having to pay much in taxes? Should I start a "business"? I wouldn't mind putting the money in some type of retirement fund."
I pointed out an alternative approach that could better meet his objectives. Isn't that the point of his request?
Posted by LSURussian
Member since Feb 2005
126937 posts
Posted on 11/24/14 at 2:57 pm to
quote:

No, it is not the same result.
Yes, it is.
quote:

I have 25+ years of experience providing tax advice
Based on the advice I've seen you give, you have one year of experience X 25.
quote:

I pointed out an alternative approach that could better meet his objectives.
No, you didn't. There is no "alternative approach" in your comments. You just elaborated on what I had already posted earlier by including some anal retentive tax details.
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10229 posts
Posted on 11/24/14 at 3:04 pm to
Oh Goody. Thanksgiving family dysfunction.
Posted by hungryone
river parishes
Member since Sep 2010
11987 posts
Posted on 11/24/14 at 3:09 pm to
quote:

I don't think incorporating is necessary to take deductions or contribute to a SEP as long as you report it as self-employment income.

Incorporation isn't required if you're a sole practitioner or in a limited partnership. The IRS pubs on SEPs are very clear & straightforward.
Posted by Thib-a-doe Tiger
Member since Nov 2012
35341 posts
Posted on 11/24/14 at 3:50 pm to
Do you contribute to a 401k at your primary job?
Posted by GFunk
Denham Springs
Member since Feb 2011
14966 posts
Posted on 11/24/14 at 4:11 pm to
Do you mind if I ask you if its commissioned income or whether you receive this for something like consulting perhaps?

Or do you work in this place of business or perform a service in the employer's office or biz location?

These are important questions for how I'd answer you with what I'd do. Depending on what you're being paid the 1099 for, it may be that you should rightfully deserve a W-2. But I need more background info first.
Posted by PlanoPrivateer
Frisco, TX
Member since Jan 2004
2788 posts
Posted on 11/24/14 at 6:44 pm to
Oh well. Two of my favorite posters going at each other.

Peace.
Posted by Amyylove
Carlsbad, CA
Member since Dec 2007
417 posts
Posted on 11/24/14 at 7:21 pm to
I'm an RN doing critical care transport for an ambulance company. They provide they equipment. I provide my professional expertise. I contribute to a 403b/457 and pay into a pension.
Posted by GFunk
Denham Springs
Member since Feb 2011
14966 posts
Posted on 11/25/14 at 10:01 am to
quote:

Amyylove
quote:

I'm an RN doing critical care transport for an ambulance company. They provide they equipment. I provide my professional expertise. I contribute to a 403b/457 and pay into a pension.


I'll be honest with you...speaking from experience in this department, they are more than likely misclassifying you as an employee. You're probably one of many they're doing this to in order to lessen their own tax burden.

If you work in their place of business, or alongside of their employees, identify yourself as a representative of their company and work alongside actual employees doing similar work, then they're failing the "three fold test" and misclassifying you.

I would suggest starting an LLC or S-Corp personally speaking. Lots of advantages in doing that. But they're incorrectly or purposefully misclassifying you. You should be receiving a regular paycheck with normal taxes being deducted.
Posted by Amyylove
Carlsbad, CA
Member since Dec 2007
417 posts
Posted on 11/25/14 at 11:47 am to
The ambulance company and the company that handles the RNs are two separate entities. Different owners, but housed in the same facility. I am doing a completely different role than the EMTs that I work with.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/25/14 at 12:32 pm to
You would probably be considered an employee of the entity that contracts with the ambulance company for your services. They exercise enough control over the work you perform to qualify as your employer.
Posted by Brummy
Central, LA
Member since Oct 2009
4496 posts
Posted on 11/25/14 at 3:21 pm to
quote:

I'll be honest with you...speaking from experience in this department, they are more than likely misclassifying you as an employee. You're probably one of many they're doing this to in order to lessen their own tax burden.

I've seen this happen to multiple people in the past. How would someone go about challenging this, assuming the employer refuses to change it when asked? Anonymous call to the IRS?
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