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Tax Law: Which is better 1099 vs W2? See details...
LK
LK
Lyubim Kogan, I don’t teach theory. Only what I survived. answered:

My answer will:
1️⃣ Break down the real-world pros and cons of 1099 vs W-2
2️⃣ Clarify how your LLC setup changes the equation
3️⃣ Highlight what others missed or made confusing

✅ TL;DR (Too Long; Didn’t Read)
If you're using your own LLC, working independently, and covering your own costs — being paid as a 1099 contractor can give you more tax flexibility, deductions, and control.
But it also means:
You pay self-employment tax
You don’t get employee benefits
You need to handle all compliance and bookkeeping yourself

Being a W-2 employee offers stability, payroll tax split with your employer, and access to benefits — but you lose tax deduction flexibility, especially after recent tax law changes.

🧠 Full Breakdown
📄 1. What’s a W-2 Employee?
Pros (W-2):

Employer pays half of payroll taxes
Access to benefits like health insurance, 401(k), etc.
Stable income helps with loan approvals
Covered by workers comp and unemployment insurance

Cons (W-2):
You can’t deduct business expenses easily
Tax law removed most unreimbursed expense deductions
Less control over how and when you work
You can’t legally expense your car, home office, or software

📃 2. What’s a 1099 Independent Contractor?
Pros (1099):
Deduct car, gas, laptop, software, and home office
Freedom over hours, methods, and tools
Often better cash flow with LLC write-offs
If taxed as an S-Corp, you may reduce self-employment taxes

Cons (1099):

Must pay 100% of self-employment tax (15.3%)
No unemployment benefits or paid time off
Handle your own tax filing, accounting, and compliance
No employer-provided benefits unless you set them up yourself

🔄 3. What Changes If You’re Using an LLC?
Since you're operating through an LLC and using your own resources, being paid via 1099 to your LLC gives you:
✅ More flexibility to write off business expenses
✅ Ability to elect S-Corp status to reduce self-employment taxes (with a reasonable salary)
✅ Control over your tax planning and retirement savings

❗ Just make sure the client treats you like a contractor:
You control your hours and tools
You invoice them
You’re not under direct supervision like an employee
Otherwise, it could trigger IRS scrutiny for misclassification.

🔍 What Others Missed
❌ “Financial advisors can help you decide” – most don’t know the tax impact of LLC/S-Corp vs. W-2 unless they’re CPAs, enrolled agents or have an accounting degree with work in this area
❌ “You get taxed either way” – Oversimplified. With 1099 + LLC, you have far more control over how and when you're taxed

✅ One answer correctly flagged self-employment tax, but didn’t explain that S-Corp election can cut it significantly

🧭 Final Word
✅ If you want more control, tax flexibility, and already operate as an LLC — 1099 makes sense
✅ If you value predictability, payroll benefits, and less admin — W-2 may be safer

Was this helpful? If yes, an upvote is appreciated — it helps others find the right answer faster.
Have questions or want to map out the best structure for your situation? Feel free to schedule a call.

Talk to Lyubim Upvote • Share
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