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This sounds like your doctor friend is trying to avoid paying his share of employment taxes by making you a 1099 contractor instead of a W-2 employee. Classic move by small business owners trying to save money. Here's what you need to consider: 1. If he controls when and where you work, provides equipment, and directs how you perform tasks, you're legally an EMPLOYEE, not a contractor. 2. The "business" he wants you to create would just be a pass-through entity that doesn't change these facts. 3. The IRS has specific tests for worker classification and misclassification can lead to penalties. Don't let him off-load his tax obligations onto you! If you're functioning as an employee, you should be classified as one.
But aren't there legitimate advantages to being a contractor? I've heard you can deduct all kinds of things as business expenses - home office, car, phone, even meals sometimes. Couldn't those deductions make up for the extra taxes?
There are some legitimate advantages to being a contractor, but they rarely outweigh the costs for most workers. Yes, you can deduct business expenses, but there are strict rules about what qualifies. Home office deductions require exclusive use of that space for business. Vehicle deductions only apply to business use, not personal or commuting. Meal deductions are limited to 50% and must be directly related to business. These deductions rarely offset the additional 7.65% self-employment tax burden, loss of unemployment benefits, lack of workers' comp protection, no paid time off, and no employer-provided health insurance. Plus, you take on all the administrative burden of tax filings, estimated quarterly payments, and keeping meticulous records. For most personal assistants, employee status is financially advantageous unless the contractor rate is significantly higher.
I'd be worried about the 1099 vs W-2 classification issue here. If you're working regular hours, getting direct supervision, and only working for this one doctor, the IRS might see this as employee misclassification regardless of what you call it. Read up on Schedule C and self-employment taxes before you agree to anything! And definitely look at the IRS's 20-factor test for worker classification - just Google it.
The 20-factor test is actually outdated. The IRS now uses a simplified approach with three categories: Behavioral Control, Financial Control, and Relationship of the Parties. Much easier to understand than the old system. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
If you're looking for a clear visual of the tax law hierarchy, I found this mnemonic helpful when I was studying for the CPA exam: Constitution Statutes (IRC) Treasury Regulations Revenue Rulings/Procedures Court Cases (SupremeβCircuitβDistrict/Tax) IRS Pronouncements/Publications Private Letter Rulings/TAMs The "C-ST-RCP" (Constitution, Statutes, Treasury Regs, Revenue Rulings, Court Cases, Pronouncements, PLRs) helps remember the general order!
This is super helpful! Does this ordering change at all depending on whether you're dealing with federal vs. state tax issues? I'm trying to figure out where state tax court decisions fit in this hierarchy.
Great question! For state tax issues, you'd have a parallel hierarchy, starting with the State Constitution, then State Statutes, State Regulations, State Revenue Rulings, etc. For conflicts between federal and state tax law, federal law generally prevails due to the Supremacy Clause of the U.S. Constitution, but states have significant autonomy in creating their own tax systems. State tax court decisions would only be authoritative for that state's tax laws and wouldn't impact federal tax law interpretation.
Quick question - where do IRS Notices and Announcements fall in this hierarchy? My tax preparer cited IRS Notice 2020-75 for a position, but I'm not sure how authoritative that is compared to, say, a Revenue Procedure.
IRS Notices and Announcements generally fall below Revenue Procedures in the hierarchy. They're considered "official pronouncements of tax policy" but don't have the same weight as Revenue Rulings or Revenue Procedures. That said, Notice 2020-75 specifically is pretty influential regarding state and local tax (SALT) workarounds since it announced the Treasury's intent to issue regulations on a particular matter. If your tax preparer is citing it, it's probably relevant to your situation, but just know that if it ever directly conflicted with a statute or regulation, those higher sources would prevail.
Let me share my experience using both methods over the years. I've found that the actual expense method works better in these scenarios: 1) You have a newer, more expensive vehicle with rapid depreciation 2) You drive fewer miles but have high maintenance/insurance costs 3) You live in areas with high gas prices like California Last year I did the calculations both ways. With 15,000 business miles (out of 22,000 total), the standard mileage gave me a $9,450 deduction. But the actual expense method gave me $11,875 because I had a new Lexus with high insurance and a major repair.
What documentation did you show for the business vs personal use percentage? Did you still track every trip or just estimate based on the typical usage pattern?
I used a combination of methods. I didn't log every single trip, but I did keep good records of my regular business travel patterns. I maintained a work calendar with client appointments and locations, and I'd note my starting/ending odometer readings for those days. For recurring trips (like going to the same client site every Tuesday), I documented the mileage once and then used my calendar to show how many times I made that trip. My tax guy said this is acceptable as long as it's consistent and reasonable. The key was being able to show both the business purpose and the frequency/pattern of travel. I also kept all maintenance records showing odometer readings which helped establish total miles driven.
Has anyone actually been audited on this? What did the IRS actually accept as documentation? I haven't been keeping great records and I'm stressed about it.
I went through an audit two years ago where they questioned my vehicle expenses. I had used the actual expense method but my documentation was pretty spotty. The auditor disallowed about 30% of my deduction because I couldn't adequately prove my business use percentage. They wanted to see contemporaneous records (created at the time of the trips), not just estimates after the fact. My advice: start keeping better records NOW, even if you haven't been doing it before. Apps make it much easier these days.
One important thing nobody's mentioned yet: the 2-year holding period matters for Section 1231 treatment. Since you've held the property as a rental for exactly 2 years, you're right at the line for getting ordinary loss treatment. If it was less than 2 years, your loss would be a Section 1231 loss that's treated as ordinary under the "non-recaptured net Section 1231 losses" rules from the past 5 years. Also, be very careful with your documentation of that $470k valuation when you converted the property. The IRS often scrutinizes these conversions, especially when there's a loss involved. Get a formal appraisal or at least a comparative market analysis from a realtor that you can keep with your tax records.
Wait, I thought Section 1231 losses always get ordinary loss treatment regardless of holding period? Isn't the 1 year+ holding period just for determining if gains get capital gains treatment? I've been doing my taxes wrong if that's not the case!
You're right that Section 1231 losses are treated as ordinary losses regardless of holding period. I should have been more precise in my explanation. What I was referring to is that to qualify as Section 1231 property in the first place, the property must be used in a trade or business and held for more than 1 year. Since the OP has held it for 2 years as a rental, it qualifies as Section 1231 property. If it had been held for 1 year or less as a rental, it wouldn't qualify for Section 1231 treatment, and would instead be subject to ordinary income/loss rules for property not used in a trade or business.
Has anyone here used the cost segregation strategy for rental properties? When I sold my rental last year at a loss, I wish I had done this earlier. Instead of depreciating the entire property over 27.5 years, you can break out components like appliances, carpet, etc. that have shorter depreciation periods (5, 7, or 15 years). This could potentially have increased your accumulated depreciation, lowered your adjusted basis further, and given you a larger Section 1231 loss to claim against your W2 income. Might be worth looking into before you sell.
I actually haven't heard of cost segregation before. That sounds really useful! Is it something I could still do now even though I've already been depreciating the property as a whole for 2 years? Or is it too late to change how I've been handling the depreciation?
Paolo Rizzo
Has anyone used QuickBooks for tracking COGS? I'm wondering if it automatically generates the numbers for Form 1125-A or if I need to calculate separately?
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QuantumQuest
β’I use QB for my pottery business. It can track COGS but you have to set it up correctly first! Make sure you classify your items properly as inventory items rather than non-inventory, and enable the inventory tracking feature. Then when you purchase materials, you'd post to inventory asset accounts, not expense accounts. When you sell, QB will automatically calculate COGS.
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Amina Sy
Just to add to what others have said - its important to understand that Form 1125-A should only include direct costs. Indirect costs like marketing, general shop utilities, office supplies etc usually go on Schedule C instead. The IRS looks closely at COGS so don't try to dump everything there!
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