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My LLC is a small one. We made no profit at all. But we have a worker who we need to issue a 1099. We will not be requesting refunds etc from the IRS. What should I use?

 
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2 Replies

My LLC is a small one. We made no profit at all. But we have a worker who we need to issue a 1099. We will not be requesting refunds etc from the IRS. What should I use?

Is your LLC a Single Member S Corp?  Or do you file it on Schedule C in your personal tax return?   Either way you still need to file the LLC.  

You need to give a 1099NEC (previous a 1099Misc) to anyone you paid $600 or more to for the year. But not to corporations or for merchandise. You send the IRS a copy of the 1099NEC with the transmittal summary form 1096. These are due to the person by Jan 31 and to the IRS by Jan 31 also.  You need to use Online Premium or the Desktop Home & Business program or Desktop Business.

 

How to create W2s and 1099

https://ttlc.intuit.com/community/forms/help/how-do-i-create-w-2-and-1099-forms-in-turbotax/00/25869

 

Go to Quick Employer Forms

Quick Employer Forms

 

Quick Employer Forms FAQs

https://quickemployerforms.intuit.com/faq.htm

Vanessa A
Employee Tax Expert

My LLC is a small one. We made no profit at all. But we have a worker who we need to issue a 1099. We will not be requesting refunds etc from the IRS. What should I use?

When you say we, I am assuming there are multiple people in your LLC. If you have a multi-member LLC you will need to file a form 1065 which can be done through TurboTax BUSINESS.   Your LLC Partnership return is due March 15th NOT April 15th.  Also, although you can still issue the 1099-NEC to your worker, this is supposed to be done by January 31st. You can do this through Quick Employer Forms. 

An LLC cannot request a refund because it is a pass thru entity and it has no tax liability and does not pay taxes.  The individuals involved in the LLC are the ones that pay the taxes and can claim a refund if they overpaid or have the overpayment credited to the  next year.  

After you fill out your LLC return, it will generate a K-1, which you will then enter on your personal return.  To do your personal return, you would use TurboTax Premium Online or TurboTax Premiere or Home and Business Desktop version.


If you are a single member LLC, then you would only need to use the Quick Employer Forms to fill out the 1099-NEC for your employee and then you can use TurboTax Home and Business Desktop or TurboTax Premium Online to file a Schedule C.  You would include the wages paid to your worker as a business expense.

 

One thing to be sure of before you file the 1099-NEC is that this IS AN INDEPENDENT CONTRACTOR and NOT AN EMPLOYEE.  You can be subject to penalties and fees for misclassifying an employee as an independent contractor.  

 

If you have behavior or financial control then it is likely that this is an employee.  If you are providing the equipment they are using to do the job or if they are ONLY doing this for you, it is also a sign that it could lean more towards employee. If they are an employee, then you can issue the W-2 through Quick Employer Forms as well.  Again, this is something that is due by January 31st. 
 

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