Employment status

Asked by mlynndaniel {160}
7/23/2010 2:28:57 PM

What are the disadvantages of freelance reporters receiving W-2's (as opposed to 1099's), if any?  I realize most freelance reporters receive 1099's, but a few firms still issue W-2's.  I'm curious what specific advantages and disadvantages may be applicable to each.

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Answered by kelly {79}
7/24/2010 2:42:58 AM

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If you receive a W-2, that means that you are an employee, not an independent contractor (1099).

As an employee, it also means that they take withholding out for you and forward it to the IRS & your state tax authority.  Also, they pay 50% of your Social Security and Medicare taxes.

If you are an independent contractor, you must pay your withholding quarterly (called an estimated tax payment) to both the IRS & state tax authority.  You also will be subject to self-employment tax on your net profit.  This is 100% of your Social Security and Medicare taxes.

As an employee, it is a lot harder to write off your business expenses.  There are several limitations in place that you must exceed in order for you to be able to write off your expenses.

As an independent contractor, you are going to report all of your income and expenses on a Schedule C.  This way, you are able to deduct almost everything that you spent related to your business, including your mileage. 

Which one is better (employee vs. independent) is hard to say.  It depends on the amount you make, and whether or not you're disciplined enough to keep track of your income, expenses, making your estimated payments on time, etc....If you don't keep track of all this, and make your quarterly payments, then you're going to be paying taxes on more income than you need to, and you'll be paying penalties on top of that for not making timely payments.

I hope this helps somewhat.



Answered by Rosalie {3062}
7/23/2010 9:43:30 PM

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I didn't know that a firm could give a freelance reporter a W-2, unless they are taking out federal and state taxes.  Very interesting question.  Can't wait for responses.  What state are you in?

Florida, Southwest.    -    mlynndaniel 7/26/2010 1:07:52 AM | Flag


Answered by spdefngrs {276}
http://www.knoxvillecourtreporter.com
7/25/2010 8:06:50 PM

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There are some firms that want to treat you like an employee but give you the benefits of an indepdent contractor...no benefits!

If they are treating you like an employee, but paying you like an independent contractor, they can be reported to the IRS. It may not improve your relationship with the company, but it may prevent them from doing it to other reporters in the future. The form to file with the IRS is SS-8.    -    kelly 7/26/2010 12:12:55 AM | Flag
Honestly, I worked as a paralegal for an attorney. Kelly is right. I think I made $30K that year, and they 1099'd me. I owed a lot of money in taxes, but filled out that form, and the IRS sided with me. I owed zero in taxes, and the firm had to pay for a portion of my SS and Medicare taxes.    -    mlynndaniel 7/26/2010 1:10:41 AM | Flag


Answered by Christi6746 {98}
7/26/2010 12:39:12 AM

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I have been both, employee and independent contractor.  I think, in my humble opinion, there are a few very big benefits, pun intended, to being an employee:  Insurance and W-2's, as opposed to having to take care of all your own withholding and such.  At my current firm, I have a great health insurance plan, 401k, and some other benefits.  At my IC firm, I had nothing, and as a single mom of two kids, that's no bueno!

I don't notice any difference as far as job status goes, such as taking what I want versus being told what to take, et cetera.  I can ask off just the same as I did as an IC.  I can cover for other firms, the same as I did for IC.  I don't notice anything amiss as far as that goes.

Hope this supplements.  :)

Employee sounds better to me, because I can still take off whenever I want. But I wasn't sure if I could write off mileage or the lease on my writer, which is pretty significant. I'm like you, Christi, Im a mom and am the sole provider.    -    mlynndaniel 7/26/2010 1:12:31 AM | Flag


Answered by naolavaughn {269}
7/26/2010 12:53:09 AM

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I have also been both and know that there's a definite discrepancy in income being an employee versus and independent contractor.  I make more as an IC than an employee.   The firms I worked at as an employee provided NO benefits, other than they withheld the taxes from your pay and sent it in.  No insurance, no 401K, etc.  And you absolutely could not work for another firm.  I've worked for IC firms that did not allow you to work for other firms as well - those are the ones that should be reported to the IRS!

However, as an independent contractor I can incorporate my business and enjoy the tax benefits of a corporation.  As an employee of my own corporation, I have a cafeteria plan and so can set aside money for medical care, childcare, etc., that is not taxed.  

Naola

 

Noala, that is very interesting. I never thought about incorporating. What types of tax benefits would there be to setting up a corporation? It's all getting so confusing to me. I'm straight out of school.    -    mlynndaniel 7/26/2010 1:14:51 AM | Flag
I am also incorporated as an LLC. For tax purposes you can't beat it. My checks get direct deposited into my business account, and I pay all my business expenses out of that account, including utilities for my home, (home office expense), car payments, insurance, steno supplies, phone bill, etc. I pay very little in taxes this way.    -    Sunlady 7/27/2010 8:20:49 AM | Flag
I got side-tracked the other day and forgot to answer you. I am a C corp, not an LLC. As an LLC you still function pretty much like you were self-employed. As a C corp, there are more deductions you can take, such as no taxes on money in your cafeteria plan. I also can lease my equipment that I use back to the corporation. Lease payments are not taxable income. I also lease my vehicle to the corporation. I pay myself rent for the use of my home office - I can set the rental fee versus deducting a percentage from your mortgage payment. My husband is an officer of the corporation, so we can set him up with a cafeteria plan as well, and when he went to school the corporation paid his educational expenses and we got better tax benefits because of that. We can also have our corporate meeting someplace other than home - such as a trip to Florida or California on the beach - and it's deductible. There's many more advantages to being a corporation versus an LLC.    -    naolavaughn 7/27/2010 11:21:23 AM | Flag


Answered by Christi6746 {98}
7/26/2010 1:21:31 AM

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Oh, that's what I forgot to cover!  The only thing I'm not allowed to claim that I did when I was independent is mileage from my home to the job.  Now I have to calculate all mileage from my firm's office to the job, but I still get to deduct mileage, all supplies, all continuing ed, all equipment, tolls, all that stuff.  Feel free to ask about specific things.  I'm pretty well-versed in tax stuff.  YAY.  LOL



Comments from Facebook

Darlene Yow-May
I was in firm that you were considered an employee with W-2s. The best advantage is that my taxes were taken out so I did not have to do it and would receive a huge refund. Now with being 1099`d, I always owe. Disadvantage was the firm owner would not let us take other work at slow times because we were employees.
Monday, July 26, 2010
Suzanne Kirby
a 1099 means you`re a self-employed, independent contractor. You have to pay not only taxes, but also Social Security taxes. You do get to deduct your home office and driving expenses and things like that. I have always gotten a 1099, but often wished to be an employee. I think it would be easier.
Monday, July 26, 2010
Suzanne Kirby
a 1099 means you`re a self-employed, independent contractor. You have to pay not only taxes, but also Social Security taxes. You do get to deduct your home office and driving expenses and things like that. I`ve always gotten a 1099, but often wished to be an employee. I think it would be easier.
Monday, July 26, 2010
Cheryl Gilliam
I freelanced for the first 18 years of my career, and it was a pain in the butt. I always owed, and I had no benefits, which was very expensive if you`re not with a group. That was one of the reasons I wanted to be an official -- no driving all over creation lugging all my equipment, taxes taken out, and benefits. Although you still have to pay taxes on the 1099 we get for transcripts, it`s easier to manage. But freelance you do have more freedom with your schedule, and if you like to drive
Tuesday, July 27, 2010

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