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PPP Sole Proprietorship/1099 Question

Posted on 7/12/20 at 1:13 pm
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19650 posts
Posted on 7/12/20 at 1:13 pm
I have a small side business (it's an LLC) I own. I bill my time and cut myself a monthly check as an independent contractor (my title is President). At the end of the year, I cut myself a check for some of the profits. I have to keep money in it because the float time from big purchases until I get paid.

I have successfully received EIDL grant money, but I was reading that 1099s can submit personally too. Is this true for my situation as well?
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 7/12/20 at 1:50 pm to
Was this business negatively effected by Covid?
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19650 posts
Posted on 7/12/20 at 2:02 pm to
Went down to zero orders since. So I would say yes
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 7/12/20 at 3:17 pm to
I don’t think that 1099 employees are allowed for PPP
Posted by cfotiger
Baton Rouge
Member since Oct 2011
770 posts
Posted on 7/12/20 at 4:53 pm to
LLC should not give 1099s to its members. If the LLC elected to be taxed as a C Corp or S Corp, you should be a W-2 employee of the LLC.

Contact a CPA immediately.

With that being said, self employed individuals are eligible for PPP loans.
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19650 posts
Posted on 7/12/20 at 5:25 pm to
A partner at a very reputable firm in New Orleans has done my company taxes for 10 years.
This post was edited on 7/12/20 at 6:52 pm
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 7/12/20 at 5:29 pm to
Curious why you are not getting a K1, but not my forte
Posted by TigerMan327
Elsewhere
Member since Feb 2011
5100 posts
Posted on 7/12/20 at 7:26 pm to
Employed 1099s can’t get it if their employer gets PPP. But the 1099 worker can apply for it himself using his schedule c.

Posted by baldona
Florida
Member since Feb 2016
20368 posts
Posted on 7/13/20 at 7:13 am to
You are likely mistaken OP but I’m not a CPA. It’s pass through income through a k1 and not a 1099. You as the owner/ president get a k1, 1099s are for third parties not involved in your LLC or it would be a K1.

As said once you move to being a Corp you are either an employee, owner getting a k1, or a 1099 independent contractor. As far as I know a 1099 can’t have direct involvement with the company.

ETA: yeah as said already if the company got Eidl and you are the owner/ president that’s where your fed money came from. You can’t double dip here far as I know.

That would be like getting PPP money and then laying yourself off and collecting unemployment. Which actually is more possible, but still a bad idea.
This post was edited on 7/13/20 at 7:16 am
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19650 posts
Posted on 7/13/20 at 8:06 am to
Yes. Agreed when you look at it like that.


I already have a call into my CPA this morning with questions.
Posted by cfotiger
Baton Rouge
Member since Oct 2011
770 posts
Posted on 7/13/20 at 10:30 am to
I don't wish to argue with you, but I had a tax practice for over 20 years.

The law is very clear; you should not receive a 1099 from an LLC in which you are an active member.

Call your tax return preparer and discuss this issue with him/her. A partner with a NOLA firm having done your company taxes for 10 years means very little.
Posted by ColdDuck
BR via da Parish
Member since Sep 2006
2755 posts
Posted on 7/13/20 at 4:40 pm to
Yeah, you got something messed up on how you are setup. K1 is the normal way and yes you can get up to 15kish in PPP money if you make over 100k.
Posted by Sneaky__Sally
Member since Jul 2015
12364 posts
Posted on 7/14/20 at 7:34 am to
You are set up receiving a 1099 from an LLC you own? I dont' know about legal wise or anything, but it seems like an unnecessary step at a minimum.

MY LLC receives a 1099 from my primary contractor and I applied for and received a PPP based on my 2019 income from that 1099.
Posted by Tiger Attorney
New Orleans
Member since Oct 2007
19650 posts
Posted on 7/14/20 at 8:14 am to
Yeh. I was wrong. My accountant set me straight yesterday. I totally flipped some things around between two businesses.
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