Do we file 1099s for teachers before we are a 501c3?

We board members just want to clarify something about issuing the 1099 to our five paid teachers. Do we need to wait until we have our 501(3)(c) status before we issue them?

In your book Paying Workers in a Homeschool Organization,  Chapter 3, you wrote about the difference between an independent contractor and a worker. I had a hard time trying to classify which one it would be for our teachers. Three of our teachers are former homeschool moms, one is a former homeschool student, and one is a single lady who has taught a variety of classes over the years. They really don’t have any expenses, but if they do, they get reimbursed for them. Is this enough information for you to tell me which category they fall under?

Thank you for taking the time to answer my questions,
Lisa

Dear Lisa,
You should not wait until your organization has 501c3 tax exempt status to issue the 1099-MISCs.

As soon as it formed as a nonprofit corporation, your homeschool group could legally start running your program, paying workers, etc.

As a matter of fact, your homeschool group is REQUIRED to file the 1099-MISC if it paid any individual more than $600 for their services in 2019.

That’s a requirement whether an organization has 501c3 tax exempt status or not.


To prepare your IRS Form 1099-MISC, I recommend Yearli.com. I’ve used them for years. It’s fast, easy, inexpensive ($4.99 per 1099-MISC) and all online, so there are no paper forms to mail!

If you use my Yearli referral link, you receive a 15% discount and I get a small referral fee. https://mbsy.co/rzrbp

Making a worker determination can be confusing. Unfortunately, I cannot determine if your teachers are Independent Contractors or employees from what you explained.

Since you have my book, Paying Workers in a Homeschool Organization, look at Chapter 3 and pay close attention to page 44 where I discuss workers who provide the key activity of the business.  It is a key factor that the IRS (and now states like California) uses in determining that your homeschool teachers are probably employees.

This blog post may help as well: Why I think most homeschool teachers should be paid as employees

I do offer a phone consultations to help you determine if your homeschool organization’s workers are employee or independent contractors. Worker Classification Consultation.
The phone call will be followed up with an email containing a fact-based determination and information to help you take the next steps. My fee for this consultation is $100/hour. Typically 1-1.5 hours. 

Please contact me to schedule a phone consultation.

Carol Topp, CPA
HomeschoolCPA.com
Helping Homeschool Leaders

The federal government might be shut down, but you still have to file 1099-MISC by January 31

The US government is partially shut down, but taxpayers still must file their 1099-MISC forms by January 31.

Your homeschool business, tutoring program, nonprofit organization, co-op or community must give a 1099-MISC to anyone you paid more than $600 in the previous year.

Greatland cpa academy webinar yearli logo

I recommend you use an online filing system like Yearli.com Core program by Greatland (my affiliate link). I’ve used them for years.

Yearli by Greatland is the best way for businesses to file 1099 and W-2 forms.

I used to buy forms at an office supply store, upload the software, type in the data, run the forms through my printer, and mail them all off! Even just a few 1099-MISC could take a long time! And heaven forbid you misfeed the red ink IRS forms into your printer (I did!). You could not make a mistake or back to the office supply store to but another set! Ugh!

Yearli by Greatland makes it so easy and they charge only $4.99 per 1099-MISC. They send a copy to the IRS and mail a copy to the recipient. Simple!

You’ll receive 15% off your filings because I referred you.
You will need the following information:

  • Your business or organization’s legal name, address and EIN number
  • The recipient’s name, address, SSN number and total amount paid.

Don’t forget you have to have the 1099-MISCs completed by January 31!

Carol Topp, CPA

HomeschoolCPA.com

Do I give a 1099-MISC to a place we rented?

Is a 501(c)(7) social club required to issue a 1099 to every vendor for an expenditure over $600? For instance, if we pay a band $1,000 for one of our dinner-dances or an event hall $800 for rental of their facility, does that mean we have to issue a 1099 to them?

Donald

 

Dear Donald,

The instructions for the 1099-MISC say:

File this form (1099-MISC) for each person to whom you have paid during the year at least $600 in:

rents;
services performed by someone who is not your employee;
prizes and awards;
other income payments;
medical and health care payments;
crop insurance proceeds;
cash payments for fish you purchase from anyone engaged in the trade or business of catching fish;
generally, the cash paid from a notional principal contract to an individual, partnership, or estate;
payments to an attorney; or
any fishing boat proceeds

I highlighted the issues that apply to you (rents and payments for services).

You do not have to give a 1099-MISC to corporations, so ask the band and the event hall if they are corporations. My guess is that the band is not a corporation, but the event hall is a corporation and therefore you don’t give them a 1099-MISC.

You should also have collected a IRS Form W-9 Request for Taxpayer Identification Number from the band and any person you pay for their services. On the Form W-9 they indicate if their business is a corporation or not.

I hope that helps,

Carol Topp, CPA

Tax Form 1099-MISC to Independent Contractors

Did your homeschool organization pay an Independent Contractor more than $600 in 2017? Then you need to give them a 1099-MISC form.

Accountant Carol Topp, the Homeschool CPA, explains how to fill out the form, how to get the form, and tips for filing it correctly.

To prepare your IRS Form 1099-MISC, I recommend Yearli.com. I’ve used them for years. It’s fast, easy, inexpensive ($4.99 per 1099-MISC) and all online, so there are no paper forms to mail! If you use my Yearli referral link, you receive a 15% discount and I get a small referral fee. https://mbsy.co/rzrbp

Featured resource

Are you paying workers in your homeschool organization? Can a volunteer be paid? Should a worker be treated as an employee or independent contractor? Do you know the difference?

Homeschool leader and CPA, Carol Topp, has the answers to your questions in her book Paying Workers in a Homeschool Organization.

This 130 page book covers paying workers as employees or independent contractors. There are also chapters on paying volunteers and board members. It includes sample forms, tips and advice to help you pay workers in accordance with the IRS laws to help your organization pay their workers correctly. Written specifically for homeschool organizations.

Click Here to request more information!

Carol Topp, CPA

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CC Directors: Do not give yourself a 1099-MISC

I have spoken to several Classical Conversations (CC) Directors lately who tell me that they gave themselves a 1099-MISC to report what they paid themselves.

But this is not correct! CC Directors should not give themselves a 1099-MISC.

I can understand their confusion. These Directors are business owners of a Classical Conversations community offering classes for homeschool students and their parents in how to educate their children using classical methods. Typically, these Directors hire tutors as independent contractors to teach a class once a week and frequently the Directors also teach a class themselves.

They give their tutors a 1099-MISC to report their earned income and so they think they should give themselves a 1099-MISC as well. But this is not the correct way to report income as a CC Director.

As a business owner (and I’m referring to a sole proprietorship filing a Schedule C on their Form 1040) a CC Director is not paid as an independent contractor. Business owners are not “paid” at all. Instead they get to keep all the profit that the business makes. That profit is their “pay” or earnings from the business.

How to correctly report your income from your CC business

One Director told me that she reported her 1099-MISC as her total income on her Schedule C Business Income or Loss. But this is not correct. I explained that she needed to report all the income that the participating families paid her. That amount is her total income, not what she “paid herself” and reported on a 1099-MISC (incorrectly).

“Oh dear,” she replied, “I’ve been doing it wrong for three years!” Yes, she had been. 🙁

I explained that she needed to file a Form 1040X  Amended Tax Return to correctly report her income on her Schedule C for those prior years.

I also advised her to contact a local CPA to help her learn how to correct her tax returns and prepare it properly in the future.

How to correct a 1099-MISC

If you have given yourself a 1099-MISC, then you need to correct it ASAP!

Start by reading IRS Instructions to Form 1099-MISC page 10. Follow the instructions carefully. Check the CORRECTED box. Include yourself with $0 (zero) in Box 7  Non-employee compensation.

I recommend you contact a local CPA to help you file the corrected 1099-MISC.

If you’ve already prepared your tax return with the incorrect 1099-MISC, you’ll need to file a 1040X as well to amend your tax return.  It’s time to get professional help!


There is a lot to learn about running a business. I don’t mean to discourage you or anyone else away from operating a homeschool business. You provide a valuable service to homeschool families! I am offering this webinar to help you understand the tax implications:

I recorded a webinar on Tax Preparation for Homeschool Business Owners. It should be a lot of help to tutors, non-employee co-op teachers and other homeschool business owners! You can watch the recording at HomeschoolCPA.com/HSBIZTAXES for a small fee of $10.

Carol, thank you again for the webinar. It was one of the BEST webinars I’ve EVER attended. If you do hold another one, I would pay for it hands down. Totally worth the $10! -Denise, webinar attendee

“I actually don’t care for webinars at all – it is not my learning style at all and I struggle to focus, but this one was extremely value and had my attention”. -Mary, webinar attendee


Business taxes and paying employees or independent contractors is not a guessing game! There are professionals like CPA and tax professionals who can help you file your 1099-MISC and tax returns correctly.

How to find a local CPA or accountant
I recommend you hire a local CPA or tax professional because they know your state and local laws best. If you do not already have a CPA or tax professional (and I don’t mean a store front tax preparation service) I recommend you try Dave Ramsey’s Endorsed Local Providers or Quickbooks Proadvisors. A lot of CPAs listed on these sites specialize in small businesses.

Business Consultation

I am not accepting new tax clients, but I will offer a phone consultation for CC Directors, tutors and other homeschool business owners. Contact me to request a phone consultation.

 

Carol Topp, CPA

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Independent contractors and W-9 form

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Carol,
I wanted to check with you about a sentence that is in our Independent Contractor Agreement. No one has ever given us a W-9 before even though they have signed our agreement. Why are the contractors submitting any tax related information to us? I thought they were to complete all of that completely on their own. Is that part necessary?

Thank you so much!!!
Tanya B

Tanya,

The W-9 is the official way to collect an Independent Contractor’s name and SSN or business name and EIN (Employer Identification Number).   This information is needed if you pay them over $600 a year and issue them a 1099-MISC.

You can get the Form W-9 from the IRS website.

The W-9 is also the unofficial way to determine if you are dealing with ethical people. Some people do not like giving their information on a W-9 because they were not going to report the income on their tax return.  Having them fill in a W-9 indicates that your organization obeys the law and expects them to obey the law as well.

Your organization keeps a copy of the W-9 filled in by the Independent Contractor. You do not sent it into the IRS.

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Have more questions about paying workers in your homeschool organization? My book Paying Workers in a Homeschool Organization is being updated and expanded and will be available in print and ebook form later in 2016. Sign up for my email list to get notice of when its ready!

 

Carol Topp, CPA