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FAQ

How do you fill out a W2 tax form if I'm an independent contractor?
Thanks for asking.If you are asking how to report your income as an independent contractor, then you do not fill out a W-2. You will report your income on your federal tax return on Schedule C which will have on which you list all of your non-employee income and associated expenses. The resulting net income, transferred to Schedule A is what you will pay self-employment and federal income tax on. If this too confusing, either get some good tax reporting software or get a tax professional to help you with it.If you are asking how to fill out a W-2 for someone that worked for you, either get some good tax reporting software or get a tax professional to help you with it.This is not tax advice, it is only my opinion on how to answer this question.
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the company’s perspective) because at this time it is not known whether, or to what extent, the OP’s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OP’s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
What are some good places for independent contractors to fill out taxes online?
If you were simply filing employment income I would entirely agree with Ms. King’s response. Congratulations you are officially an entrepreneur! Considering only 5% of taxpayers are successful in venturing out on their own on the first try, you have a steep learning curve ahead. As you have been operating as a contractor your tax situation is now more complex.If you have access to a professional for advice, you might try doing it yourself via TurboTax. But I would counsel against that as, in all probability, you are not intimately familiar with the ins-and-outs of what you may or may not deduct as legitimate expenses, and how to compile your information in a manner that meets the reporting and organizational requirements of record keeping (as well as how to store and keep those records according to the Income Tax Act.It might cost a bit more initially to find a compatible tax preparer, I think it worth it the long run. I highly recommend it, especially if you find someone who will represent you for the year not just to prepare your taxes for that year. Build a relationship, just as you should do with your bank, its essential to your success.
How soon are you required to have your contractor sign a consulting agreement and a non disclosure agreement?
Hi, there.Within a few days, it’s usually not that big of a deal to start before you have the contract finalized, although I always recommend to my client to send an email to the developer / contractor that bullet-lists the high-level business issues, and make sure that developer / contractor responds that he or she agrees with the high-level issues.Make sure your agreement has a “Work Made for Hire” provision in it, so your startup owns the copyrights to whatever the developer creates for you. Also, note that Pres. Obama signed into law the Trade Secret Act, that requires certain language in your contract if you intend to enforce trade secrets for your company. Read more here: President Obama Signs Trade Secret Act | Law 4 Small Business, P.C. (L4SB)Good luck to you! Larry.
As one of the cofounders of a multi-member LLC taxed as a partnership, how do I pay myself for work I am doing as a contractor for the company? What forms do I need to fill out?
First, the LLC operates as tax partnership (“TP”) as the default tax status if no election has been made as noted in Treasury Regulation Section 301.7701-3(b)(i). For legal purposes, we have a LLC. For tax purposes we have a tax partnership. Since we are discussing a tax issue here, we will discuss the issue from the perspective of a TP.A partner cannot under any circumstances be an employee of the TP as Revenue Ruling 69-184 dictated such. And, the 2022 preamble to Temporary Treasury Regulation Section 301.7701-2T notes the Treasury still supports this revenue ruling.Though a partner can engage in a transaction with the TP in a non partner capacity (Section 707a(a)).A partner receiving a 707(a) payment from the partnership receives the payment as any stranger receives a payment from the TP for services rendered. This partner gets treated for this transaction as if he/she were not a member of the TP (Treasury Regulation Section 1.707-1(a).As an example, a partner owns and operates a law firm specializing in contract law. The TP requires advice on terms and creation for new contracts the TP uses in its business with clients. This partner provides a bid for this unique job and the TP accepts it. Here, the partner bills the TP as it would any other client, and the partner reports the income from the TP client job as he/she would for any other client. The TP records the job as an expense and pays the partner as it would any other vendor. Here, I am assuming the law contract job represents an expense versus a capital item. Of course, the partner may have a law corporation though the same principle applies.Further, a TP can make fixed payments to a partner for services or capital • called guaranteed payments as noted in subsection (c).A 707(c) guaranteed payment shows up in the membership agreement drawn up by the business attorney. This payment provides a service partner with a guaranteed payment regardless of the TP’s income for the year as noted in Treasury Regulation Section 1.707-1(c).As an example, the TP operates an exclusive restaurant. Several partners contribute capital for the venture. The TP’s key service partner is the chef for the restaurant. And, the whole restaurant concept centers on this chef’s experience and creativity. The TP’s operating agreement provides the chef receives a certain % profit interest but as a minimum receives yearly a fixed $X guaranteed payment regardless of TP’s income level. In the first year of operations the TP has low profits as expected. The chef receives the guaranteed $X payment as provided in the membership agreement.The TP allocates the guaranteed payment to the capital interest partners on their TP k-1s as business expense. And, the TP includes the full $X guaranteed payment as income on the chef’s K-1. Here, the membership agreement demonstrates the chef only shares in profits not losses. So, the TP only allocates the guaranteed expense to those partners responsible for making up losses (the capital partners) as noted in Treasury Regulation Section 707-1(c) Example 3. The chef gets no allocation for the guaranteed expense as he/she does not participate in losses.If we change the situation slightly, we may change the tax results. If the membership agreement says the chef shares in losses, we then allocate a portion of the guaranteed expense back to the chef following the above treasury regulation.As a final note, a TP return requires knowledge of primary tax law if the TP desires filing a completed an accurate partnership tax return.I have completed the above tax analysis based on primary partnership tax law. If the situation changes in any manner, the tax outcome may change considerably. www.rst.tax
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