Questions

I am now focused on sales and marketing for the company and I am using my own resources (from my business which is an LLC) such as car, gas, computer, printer, software and home office. I am wondering if it would be a benefit to become a 1099 employee versus a W2? What are the Pros and Cons of 1099? What are the pros and cons of W2

It sounds like you are currently employed with a company, and you are spending your own money to complete tasks as an employee? If you are an employee of a company, your employer will issue you a W-2 which reports your annual wages, federal income taxes withheld, payroll taxes withheld, deductible health insurance premiums, and other employer provided fringe benefits. If an employee spends their own money on business related expenses for which the employer did not reimburse the employee, the individual is generally allowed to claim a miscellaneous itemized deduction for those unreimbursed employee expenses. The expenses are reported on IRS Form 2106 and carried over to Schedule A. However, recent U.S. tax reform has eliminated most of these expenses for employees.

If you want to be able to deduct those expenses, you'll need your employer to switch your status from an employee to an independent contractor. Your independent contractor compensation is reported on Form 1099-MISC, which is ultimately reported on Schedule C of your Form 1040. Those expenses you incurred through the LLC can then be reported on Schedule C and deducted. However, the IRS or state tax authority may challenge your independent contractor status depending upon the facts and circumstances.


Answered 4 years ago

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