Quote:
Originally Posted by microbet
That explains confusing reality with law. Although that's taking things further than usual. Usually lawyers confuse right and wrong with legal and illegal rather than real vs imaginary. Did you minor in philosophy?
(I hate emoticons, but want to indicate I'm semi-teasing and don't want you to hate me. hmm.... )
I'm not naive about these things. I've seen 9-figure deals blow up over questionable payroll withholding practices. Obviously it is true that you can claim that you an IK and report your wage income as qualifying for the passthrough activities deduction. If you get your employer to go along with the scheme and issue a 1099 instead of a W-2, that would certainly help. I'm just saying two things:
1. Just because your employer gives you a 1099 and you have an LLC doesn't make you an IK, and the IRS can audit you and say you're an employee instead.
2. The IRS sometimes is lax (as a priority for audit resources) about worker classification issues, because worker classification doesn't usually affect how much tax they are owed, it's just an issue of collection. If, however, they see $100k of W-2 wages getting paid to Joe Smith disappear and get replaced by $100k of 1099 income paid by the same employer to Joe Smith, then Joe Smith starts claiming a 23% deduction on those wages, that will probably interest them quite a bit. In practice they probably go after the employer, because they can collect the tax for all misclassified employees at once, but they might come after you personally.