• Handling 1099-NEC /Insurance

    From JoeTaxpayer@21:1/5 to All on Mon Feb 13 09:58:24 2023
    Background -
    I am working on my daughter's tax return. She is on her own, another
    state, in fact, but at 24, still on a family insurance plan with me.
    She has multiple jobs, 6, and as I look at the W2's she forwarded, I see
    a 1099-NEC instead for one place she worked. Looking at pub 1779, which
    is now 10 years old, has a description of Independent contractor vs
    employee, and there is nothing about the work that should have her as a
    1099 contractor. She is not comfortable discussing this with the
    company, so I'm moving forward.

    I know this income will go on Schedule C (and she'll pay 2X FICA on this amount), but the one real question I have now - How much of her health insurance cost can go as an expense (line 14) against this income? FWIW,
    the amount is about 25% of her total income for 2022.

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  • From paultry@21:1/5 to JoeTaxpayer on Mon Feb 13 11:24:40 2023
    On 02/13/2023 08:58, JoeTaxpayer wrote:
    Background -
    I am working on my daughter's tax return. She is on her own,
    another state, in fact, but at 24, still on a family
    insurance plan with me.
    She has multiple jobs, 6, and as I look at the W2's she
    forwarded, I see a 1099-NEC instead for one place she
    worked. Looking at pub 1779, which is now 10 years old, has
    a description of Independent contractor vs employee, and
    there is nothing about the work that should have her as a
    1099 contractor. She is not comfortable discussing this with
    the company, so I'm moving forward.

    I know this income will go on Schedule C (and she'll pay 2X
    FICA on this amount), but the one real question I have now -
    How much of her health insurance cost can go as an expense
    (line 14) against this income? FWIW, the amount is about 25%
    of her total income for 2022.

    Best for your daughter to talk to the employer, as
    uncomfortable as it may be. Perhaps the employer is acting
    with the IRS's blessing. More likely, it is skirting the
    law. If that doesn't resolve, she should file an SS-8 for
    an IRS determination of her work status. If you/she file
    the Schedule C when she is truly an employee, you/she will
    be enabling the employer's incorrect and possibly fraudulent
    misclassification. If the IRS does not give a timely
    response to the SS-8 filing, she can proceed with Form 8919.

    --
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  • From Adam H. Kerman@21:1/5 to JoeTaxpayer on Mon Feb 13 11:15:24 2023
    JoeTaxpayer <JoeTaxpayer@comcast.net> wrote:

    Background -
    I am working on my daughter's tax return. She is on her own, another
    state, in fact, but at 24, still on a family insurance plan with me.
    She has multiple jobs, 6, and as I look at the W2's she forwarded, I see
    a 1099-NEC instead for one place she worked. Looking at pub 1779, which
    is now 10 years old, has a description of Independent contractor vs
    employee, and there is nothing about the work that should have her as a
    1099 contractor. She is not comfortable discussing this with the
    company, so I'm moving forward.

    I've filed Schedule C for myself in any number of tax years. There are record-keeping requirements when I'm in business for myself. Other than statutory employee/non-employee, in my opinion, making that bright-line distinction has to take into account where the work is performed and if
    the work is performed at the payor's site, then whether the payee brings
    his own tools. If the payee works with the payor's tools at the payor's
    job site, it's hard to argue that the payee isn't an employee. You're
    probably right that it was mischaracterized.

    At this point, if she's not taking the position that the income was mischaracterized, then the onus is on her that she was a sole proprietor
    for this period, and that comes with all the record-keeping requirements
    of being in business for one's self.

    On the other hand, if she takes the position that she was an employee,
    then her take-home pay is net of withholding for FICA and HI (I assume Additional Medicare Tax doesn't apply), in other words 100%-7.65%=92.35%
    of gross wages, ignoring income tax withholding. If she takes the
    position that she's an employee but her take-home pay was her gross
    wages, in theory, she could owe 1/2 of the undeposited Social Security
    taxes but they'd really come after the employer.

    It's not a good position to be in. Let her learn a lesson that both
    parties must agree to employee versus non-employee up front and that the employer doesn't want the expense of payroll tax deposits DOES NOT make
    her a non-employee. In order to be a non-employee, she truly has to be
    in business for herself.

    I know this income will go on Schedule C (and she'll pay 2X FICA on this >amount),

    Don't forget that 1/2 of self-employment tax is an expense and the
    Qualified Business Income Deduction.

    but the one real question I have now - How much of her health
    insurance cost can go as an expense (line 14) against this income? FWIW,
    the amount is about 25% of her total income for 2022.

    If she's taking the position that she was self employed on the days she
    was on that job, and employed on the days she was on the 5 other jobs,
    then up to the pro-rated share of that number of days of the year. But
    she'd better have business records showing this as I'm assuming she
    didn't literally write you a check for her share of the family medical insurance for this period.

    --
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    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Stuart O. Bronstein@21:1/5 to JoeTaxpayer on Mon Feb 13 12:02:13 2023
    JoeTaxpayer <JoeTaxpayer@comcast.net> wrote:

    Background -
    I am working on my daughter's tax return. She is on her own,
    another state, in fact, but at 24, still on a family insurance
    plan with me. She has multiple jobs, 6, and as I look at the W2's
    she forwarded, I see a 1099-NEC instead for one place she worked.
    Looking at pub 1779, which is now 10 years old, has a description
    of Independent contractor vs employee, and there is nothing about
    the work that should have her as a 1099 contractor. She is not
    comfortable discussing this with the company, so I'm moving
    forward.

    I know this income will go on Schedule C (and she'll pay 2X FICA
    on this amount), but the one real question I have now - How much
    of her health insurance cost can go as an expense (line 14)
    against this income? FWIW, the amount is about 25% of her total
    income for 2022.

    You may know this already, but in case you don't, if your daughter
    should have been classified as an employee, she can file IRS Form SS-8
    to notify the IRS of the situation. Then she can file Form 8919
    essentially to eliminate the employer's portion of the self-employment
    tax on her Schedule C.

    Good luck.


    --
    Stu
    http://DownToEarthLawyer.com


    --
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    --
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    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From honda.lioness@gmail.com@21:1/5 to JoeTaxpayer on Mon Feb 13 16:11:53 2023
    On Monday, February 13, 2023 at 9:01:44 AM UTC-6, JoeTaxpayer wrote:
    Background -
    I am working on my daughter's tax return.
    snip
    I know this income will go on Schedule C (and she'll pay 2X FICA on this amount), but the one real question I have now - How much of her health insurance cost can go as an expense (line 14) against this income? FWIW,
    the amount is about 25% of her total income for 2022.

    If eligible for this deduction, so far I think 100% of the health insurance cost
    gets reported on her Form 1040, Schedule 1, Line 17.

    One requirement for eligibility is that your daughter's "business" has to
    show a net profit on Schedule C.

    I have other questions about who is paying for what here. E.g. if this is
    a family insurance plan, then your wife and you technically pay
    the premium, right? I presume your daughter is reimbursing you all
    for her share. Is it kosher for the daughter to take a deduction for
    health insurance for which your wife and you technically paid?

    I presume you have already looked into questions like this. I am
    just not sure whether there is more that needs to be checked
    here before proceeding.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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  • From JoeTaxpayer@21:1/5 to Adam H. Kerman on Mon Feb 13 22:57:59 2023
    On 2/13/23 11:15 AM, Adam H. Kerman wrote:

    If she's taking the position that she was self employed on the days she
    was on that job, and employed on the days she was on the 5 other jobs,
    then up to the pro-rated share of that number of days of the year. But
    she'd better have business records showing this as I'm assuming she
    didn't literally write you a check for her share of the family medical insurance for this period.

    I just confirmed with her about the 1099. She is a dancer. This is a
    part time position teaching class. Apparently, the studio that pays her
    acts as third party arranging classes taught at a public school. To be
    clear, she shows up at a particular school, and teaches a class, twice a
    week. At least this makes sense why they 1099 her.

    No, she does not reimburse me for the insurance. For 2022, it would seem
    that the fraction of the insurance (at age 24 vs me at 60, I would even
    assume 1/2 is her's) and this work only being about 25% of her income,
    it's not worth attempting to write it off.

    Preparing for 2024 (tax year '24, filing in '25) when she is on her own insurance, can you give me a hint what records she'd need to keep to
    take some insurance deduction? None of the W2 employers are providing
    any benefit, and I take it, just pro-rating the 1099 income over total
    income is not sufficient?

    Thanks for the response.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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  • From Rick@21:1/5 to JoeTaxpayer on Mon Feb 13 23:26:23 2023
    "JoeTaxpayer" wrote in message news:tsdj64$264ea$1@dont-email.me...

    Background -
    I am working on my daughter's tax return. She is on her own, another state, >in fact, but at 24, still on a family insurance plan with me.
    She has multiple jobs, 6, and as I look at the W2's she forwarded, I see a >1099-NEC instead for one place she worked. Looking at pub 1779, which is
    now 10 years old, has a description of Independent contractor vs employee, >and there is nothing about the work that should have her as a 1099 >contractor. She is not comfortable discussing this with the company, so I'm >moving forward.

    I know this income will go on Schedule C (and she'll pay 2X FICA on this >amount), but the one real question I have now - How much of her health >insurance cost can go as an expense (line 14) against this income? FWIW,
    the amount is about 25% of her total income for 2022.


    There’s another possibility with this. A previous response on this
    newsgroup pointed out that a 1099-NEC doesn’t always imply self-employment income and a Schedule C, etc. If the 1099-NEC was for some one-off activity not related to her career or normal work, it’s possible the 1099 was mischaracterized and should have been a 1099-MISC. For this reason, you
    (or whoever does her taxes) should consider asking her what activity this 1099-NEC covered and whether it was actually legitimate Schedule C type
    income or just a one-time activity you report as "Other Income".


    --

    --
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    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
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  • From Adam H. Kerman@21:1/5 to JoeTaxpayer on Tue Feb 14 01:11:03 2023
    JoeTaxpayer <JoeTaxpayer@comcast.net> wrote:
    On 2/13/23 11:15 AM, Adam H. Kerman wrote:

    If she's taking the position that she was self employed on the days she
    was on that job, and employed on the days she was on the 5 other jobs,
    then up to the pro-rated share of that number of days of the year. But >>she'd better have business records showing this as I'm assuming she
    didn't literally write you a check for her share of the family medical >>insurance for this period.

    I just confirmed with her about the 1099. She is a dancer. This is a
    part time position teaching class. Apparently, the studio that pays her
    acts as third party arranging classes taught at a public school. To be
    clear, she shows up at a particular school, and teaches a class, twice a >week. At least this makes sense why they 1099 her.

    Ok. That does sound like she's self employed.

    No, she does not reimburse me for the insurance. For 2022, it would seem
    that the fraction of the insurance (at age 24 vs me at 60, I would even >assume 1/2 is her's) and this work only being about 25% of her income,
    it's not worth attempting to write it off.

    Preparing for 2024 (tax year '24, filing in '25) when she is on her own >insurance, can you give me a hint what records she'd need to keep to
    take some insurance deduction? None of the W2 employers are providing
    any benefit, and I take it, just pro-rating the 1099 income over total
    income is not sufficient?

    I would suggest starting a business as a dance instructor, letterhead
    and business cards and brochures and a Web page, cell phone specific to
    the business, separate bank account, while keeping very careful records
    of receipts and expenses applicable to the business. If she can show
    that she's taking on students throughout the year, or she accepts work
    in these after school classes throughout the year, then that could be
    adequate to provide herself health insurance through the business.

    Maintaining a diary of her appointments to teach and keeping mileage
    records to and from her appointments and keeping receipts attributable to
    the business would go a long way toward demonstrating that her business
    is legitimate.

    As long as it's not a somewhat lengthy period of full-time jobs as an
    employee without gig jobs, I don't see why she couldn't provide health
    coverage to herself through her business throughout the year.

    Thanks for the response.

    I'm more concerned about her finding a somewhat affordable individual policy. Sometimes one can join a professional association that may offer a group
    plan.

    --
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  • From JoeTaxpayer@21:1/5 to honda....@gmail.com on Thu Feb 16 12:48:50 2023
    On 2/13/23 4:11 PM, honda....@gmail.com wrote:
    On Monday, February 13, 2023 at 9:01:44 AM UTC-6, JoeTaxpayer wrote:
    Background -
    I am working on my daughter's tax return.
    snip
    I know this income will go on Schedule C (and she'll pay 2X FICA on this
    amount), but the one real question I have now - How much of her health
    insurance cost can go as an expense (line 14) against this income? FWIW,
    the amount is about 25% of her total income for 2022.

    If eligible for this deduction, so far I think 100% of the health insurance cost
    gets reported on her Form 1040, Schedule 1, Line 17.

    One requirement for eligibility is that your daughter's "business" has to show a net profit on Schedule C.

    I have other questions about who is paying for what here. E.g. if this is
    a family insurance plan, then your wife and you technically pay
    the premium, right? I presume your daughter is reimbursing you all
    for her share. Is it kosher for the daughter to take a deduction for
    health insurance for which your wife and you technically paid?

    I presume you have already looked into questions like this. I am
    just not sure whether there is more that needs to be checked
    here before proceeding.


    The plan is just the two of us. (Wife is 65+. Medicare)
    No, I haven't been asking her to reimburse me for her share of the premium.
    In hindsight, I may have had her track her hours carefully, only it
    wasn't until a few weeks ago I saw that one job 1099ed her. She also has
    5 W2s.
    For the 1099 income, and the potential $200 tax savings (i.e. not much
    income from this gig, and 10% tax bracket), I'm not going to bother her
    with tracking this. I'll file the required Sch C and move on.

    I'll revisit this if her 1099 income goes up, to a level where the
    tracking is worth it.

    Thanks, all.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
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  • From Adam H. Kerman@21:1/5 to JoeTaxpayer on Thu Feb 16 14:09:24 2023
    JoeTaxpayer <JoeTaxpayer@comcast.net> wrote:

    . . .

    The plan is just the two of us. (Wife is 65+. Medicare)
    No, I haven't been asking her to reimburse me for her share of the premium. >In hindsight, I may have had her track her hours carefully, only it
    wasn't until a few weeks ago I saw that one job 1099ed her. She also has
    5 W2s.
    For the 1099 income, and the potential $200 tax savings (i.e. not much
    income from this gig, and 10% tax bracket), I'm not going to bother her
    with tracking this. I'll file the required Sch C and move on.

    I'll revisit this if her 1099 income goes up, to a level where the
    tracking is worth it.

    I don't agree. She shouldn't retroactively set up a business. She should
    do it now. The point is to make the health insurance plan she needs more affordable and if carrying the health insurance through the business is
    a way to make it more affordable, then do it that way. She's a dancer
    and dancers are subject to injury and she'd need to look for a plan that includes rehab.

    I think if she makes sure she takes gigs throughout the year, then she's
    got a legitimate year-round business which makes carrying the health
    insurance as a business expense reasonable.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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