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November 24, 2020

Convert 1099 contractor to employee

  • November 24, 2020
  • 5 replies
  • 38 views

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This topic has been closed for replies.

5 replies

Level 15
November 24, 2020

If the worker really was an employee the entire time (such as a shareholder/owner of the corporation, based on your comment on another question), yes payroll forms need to be filed for all quarters that the employee receive wages.  The shareholder never was a "1099 contractor".

If that is not your situation, you need to add some more details about the situation.

November 24, 2020

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Just-Lisa-Now-
Intuit Community Champion
November 24, 2020
There's no such thing as a "1099 payment". A 1099 is issued to independent contractors for services rendered.

Youre saying someone that is actually an employee was paid throughout the year with a straight check, no payroll taxes withheld?
♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
IRonMaN
Level 15
November 24, 2020
BobKamman
Level 15
November 24, 2020

@IRonMaN 

I don't see anything that says the employee is an officer, either.   

IRonMaN
Level 15
November 24, 2020

"or just Corp to owner"

Owner kinda sounds close enough to me.

Slava Ukraini!
abctax55
Level 15
November 24, 2020

@66814 

Are you the "CPA" that created this mess, or are you the owner of this 'One person very small s Corp, minimal income'.

HumanKind... Be Both
November 24, 2020

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abctax55
Level 15
November 24, 2020

Hi there,

You’ve come to an Intuit site supporting tax professionals, and you may be looking for support as an individual taxpayer. Please visit the TurboTax Help site for support.

*************

@66814  You have a mess on your hands, one that can't easily be solved by on-line chatter.  Seek local, professional help before the penalties eat up what little profit you may have.

 

HumanKind... Be Both
IRonMaN
Level 15
November 24, 2020

This dead horse has been kicked so much it is starting to whimper.  To sum up the eulogy - a W-2 needs to be prepared and payroll tax returns need to be filed for the year ----------------- anything other than that is wrong.  RIP dearly departed pony.

Slava Ukraini!
November 24, 2020

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qbteachmt
Level 15
November 24, 2020

"Is the CPA making a mistake in putting this business income on a schedule C?"

Yes. You cannot be in That Specific Business two different ways. Either this is a Corporation or it is the Sole Proprietorship. The business cannot be Both at the same time.

"It is also possible that an S-Corp has gross revenue from past projects like a film release. So if there is residual gross income that is not connected to the current officers / owner/ shareholder's time how is this classified as income?"

Royalty income still is income. If it belongs to the Corporation, that makes it Corporate income. It doesn't have to be connected with any Person. Corporate Income means it is part of the business.

You seem to be overlooking that the corporation cannot run itself; it hires one or more employees, who will run the corporation, do its business, and generally keep it "in" business. Whether or not there also are new products or services performed each year, is part of Operations.

"what is the penalty for filing Payroll at the end of December for Q1, Q2, Q3, Q4?"

You would typically do one Year End payroll, perhaps. For example, right now, if all of 2020 was overlooked. your Next payroll will include all Year To Date. Or, sure, you could go back by backdating and do 1 per quarter. For any payroll being done late, there is interest and penalties. You can look that up through the web. There are some ways to apply for penalty waiver, too.

"How does estimated quarterly payments factor into this if the s-corp officer has already paid all estimated taxes thinking he is self employed per the CPA's recommendation."

Estimated 1040 is a Personal Income tax issue. I would (and do) submit a W4 showing no income tax withholding, which allows those payments to stand as they are. What you need to do is catch up for FICA, though (and FUTA/SUTA). Because 1040ES is "these stand as credits against all personal income tax total owed" you might not have an overpayment condition by year end. It depends on the Corp return as a pass-through entity, as well as their other Personal Life financial issues. No one on the internet can answer that part. If they don't intend to continue 1040ES, they need to determine their W4 Withholding requirement, then. And they still might need to send 1040ES, due to those other Personal Life financial issues. Not filing a Sched C does not eliminate the possibility that a person falls in the 1040ES requirement category. Just like filing a Sched C won't require 1040ES, as long as W2 withholding helps meet their prepayment requirement.

The things you asked are not requirements against each other; they are part of the full picture.

"How do do Payroll when the State Labor and Withholding office states there is a 30-90 day delay in getting the state # to even file set up Payroll and with holding /unemployment."

Well, the sooner you start, the sooner you are in compliance.

"Can this be done in Jan or Feb retroactively?"

Not for the Prior year without also being considered Late. That's because Payroll is based on the Pay Date. Not the Pay Period. If I pay you in Jan 2021 for all of 2020, that still is 2021 payroll.

Don't yell at us; we're volunteers
IRonMaN
Level 15
November 24, 2020

That certainly was a lovely visit.  As long as he/she/it/whatever is deleting things, is it possible to delete my time here so I can recoup it and use it someplace else more worthy?

Slava Ukraini!
abctax55
Level 15
November 24, 2020

Again, I state that you need to seek professional help..... oh, wait you aren't @66814.

I agree with you, Mr. Yote - another waste of time trying to help someone that NEVER should have been allowed to post in the first place.

And I have serious doubts that the "CPA" is the one at fault here.

HumanKind... Be Both