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Effective date: 07/29/2022

1. Self-employment taxes FAQs

Do I need to pay self-employment taxes?

In most cases, if you earned more than $400, you will need to pay self-employment taxes. Unlike federal income taxes, these taxes are based on net earnings and not adjusted gross income. Self-employment taxes include both the “employer” and “employee” portion of Social Security and Medicare taxes.

For the 2020 tax year, the self-employed tax rate is 15.3% of the first $137,700 of combined wages, tips, and net earnings ($142,800 for 2021). The self-employment tax consists of 12.4% for Social Security and 2.9% for Medicare.

It is important to understand that the Medicare tax applies to all of your net earnings, even those exceeding the Social Security limit. If you earn over $200,000, you may have to pay additional Medicare taxes. To help you stay compliant, you should make self-employment tax payments quarterly.

What is the difference between a self-employed and a sole proprietorship?

In many ways, self-employed and sole proprietorships are the same. Both have to pay self-employment taxes and they have no liability protection. The only difference is how you get paid. If you are operating a sole proprietorship, your customers make payments to your business.

If you are self-employed, your client pays you individually and supplies you with a 1099-MISC form to report your income to the IRS. There are few advantages to operating your business or earning income in this way.

You may want to consider starting your own business. Even if you are a one-person business, there are potential advantages to incorporating or establishing a limited liability
company (LLC).

The first is that using a business entity separates your business and personal incomes and expenses. The second is liability protection. If your business fails, your personal assets may be protected.

If you are sued, your personal assets may be protected should you lose your case. The only difference to your clients is that they would be paying your business rather than paying you personally.

Are taxes higher if I’m self-employed?

Self-employed business owners are subject to the same income tax brackets as people who are employed by other businesses. However, entrepreneurs must also pay self-employment taxes on their earnings. In this respect, self-employed individuals pay higher taxes than people who work for other companies.

Self-employment taxes include Medicare and Social Security taxes. Everyone must pay these taxes. Individuals who earn wages from employment and have taxes deducted from
their regular paychecks pay the employee portion of Medicare and Social Security taxes
and their employers are responsible for the other one-half of these taxes.
Self-employed persons are responsible for the entire 15.3% of the first $137,700 of
earnings.

What types of tax deductions can I use if I’m self-employed?

Self-employed persons may benefit from a variety of tax deductions for expenses directly related to the business. To qualify as deductible, claimed expenses must be deemed both ordinary (customary for the type of business) and necessary.

Small business owners and entrepreneurs may be able to deduct expenses associated with:

    • Office or retail space
    • Vehicles used for business purposes
    • Equipment and technology
    • Materials and supplies
    • Payroll
    • Business retirement plans, and more
If you borrowed money for business purposes, you can generally deduct interest paid on such loans, as well as taxes paid for the business. For any items acquired or used for both business and personal use, your tax deduction will be limited to the portion/percentage related to the business.

What happens if I don't pay self-employment taxes?

The income tax system in the U.S. is a “pay-as-you-go” system, whether you are employed by someone else or are self-employed. If you do not pay your self-employment taxes or
underpay your taxes, you may also have to pay penalties and interest.
To help comply with IRS requirements, it is best if you make quarterly payments rather than facing a large tax bill at the end of the year
.
 
You may be able to avoid a self-employment tax underpayment if:
 
  • You owe less than $1000
  • You've paid at least 90 percent of what is due
  • If you have paid as much as you owed the previous year
  • You have suffered because of causality, disaster, or other "Act of God"
  • You retired or became disabled during the tax year
  •  
However, don't expect to avoid penalties. To avoid having to pay penalties, pay your quarterly estimated taxes as accurately as you can. If you owe, try to make a payment
arrangements with the IRS.
 
If you forgot to include a 1099-MISC with your taxes, you can file an amendment (1040X).

If you do not pay the IRS, your income and assets may be at risk. Talk to an attorney or tax p
rofessional if you require assistance.
 

2. Independent contractor taxes:

What do employers need to know?

Independent contractors, sometimes called freelancers or gig workers, can help businesses better control workforce costs and meet demands when workloads increase. To take full advantage of these benefits, however, employers must understand how to pay these individuals in accordance with payroll tax codes.

Who pays independent contractor taxes?

Independent contractors generally pay self-employment tax. So, although employers may not be responsible for withholding and depositing taxes for these individuals, they must be careful not to misclassify employees as independent contractors. The distinction between the two is not always clear and will depend on the unique circumstances in each case.

Employers who need help with worker classification may wish to seek the advice of course and or refer to IRS Form SS-8, Determination of Worker Status for Purposes of Federal
Employment Taxes and Income Tax Withholding

Form W-9, Request for Taxpayer Identification Number & Certification

Independent contractors provide their legal name and taxpayer identification number (TIN) on Form W-9. The IRS recommends that businesses save this document for at least four years.

Form 1099-NEC, Nonemployee Compensation

Depending on how much employers pay independent contractors each year, they may have to report those payments using Form 1099-NEC. Filing this form isn’t always required if
certain exemption criteria are met.

When to withhold independent contractor taxes

Because independent contractors pay self-employment tax, employers typically do not have to withhold taxes from their wages. There is, however, an exception known as backup
withholding.

Independent contractor taxes for the self-employed

Self-employed individuals might not have taxes automatically withheld from their paycheck as they would if they had an employer, but that doesn’t necessarily mean they are off the hook. In most cases, they’re required to pay taxes and file an annual return

What is backup withholding?

Backup withholding is a tax deduction that occurs when independent contractors provide the wrong TIN or incorrectly report their income on a tax return. In this event, employers
may be required to withhold a percentage of any future payments made to the contractor
and deposit it directly with the IRS.

Deadlines for paying independent contractors

Terms of payment, including payment schedules, are usually an agreement between the employer and the independent contractor. However, Form 1099-NEC must be filed with the IRS and a copy provided to the contractor by specific deadlines.

What taxes do independent contractors have to pay?

Independent contractors generally must pay income tax and self-employment tax, which is a combination of Medicare and Social Security taxes. Specific tax obligations will depend on whether the business resulted in a net profit or a net loss.

Should the self-employed pay quarterly estimated taxes?

The IRS typically requires independent contractors and sole proprietors to pay estimated taxes quarterly using Form 1040-ES, Estimated Tax for Individuals. This “pay-as-you-go” approach helps them avoid a large tax bill at the end of the year.

Can independent contractors deduct business expenses?

Depending on the circumstances, self-employed individuals may be able to deduct certain business expenses from their taxable income as independent contractors.
These include:

    • The employer-equivalent portion of the self-employment tax
    • The cost of health insurance
    • Home office expenses

How to run payroll as one employee?

Running payroll is not usually necessary for independent contractors. They can typically draw income directly from their business profits and in most cases, there is no need to
withhold taxes because they pay estimated quarterly taxes.
 
3. Frequently asked questions about independent

contractor taxes

What is the tax form for an independent contractor?

There are generally two tax forms associated with independent contractors. Employers use
Form 1099-NEC reports how much they pay to non-employees each year and
independent contractors use Form 1040-ES to estimate and pay their quarterly taxes.

What percent do independent contractors pay in taxes?

The self-employment tax rate is 15.3%, of which 12.4% goes to Social Security and 2.9%
goes to Medicare. Income tax obligations vary based on net business profits and losses,
among other factors.

Can I withhold taxes for an independent contractor?

In most cases, businesses do not withhold taxes from any payments to an independent
contractor. If, however, backup withholding applies, employers may be required to deduct a
portion of the individual’s earnings and send it to the IRS directly.

Do you pay more in taxes as an independent contractor?

Independent contractors generally pay both the employer and employee portion of
Medicare and Social Security taxes. This is known as self-employment tax. In some cases,
they may be able to deduct the employer-equivalent portion of the tax on their annual
return.

Can an independent contractor be paid a salary?

Independent contractors are typically paid hourly or by the job. Details such as these may be
outlined in the payment agreement between the employer and the contractor.

How are taxes calculated for independent contractors?

To calculate their quarterly taxes, independent contractors must estimate their adjusted
gross income, taxable income, taxes, deductions, and credits. It’s often helpful to use the
previous year’s federal tax return as a guide.