# Corp to Corp invoice instead of 1099?



## kideyse (Oct 22, 2015)

I have a NJ LLC that I use for my consulting business and that account is where Uber has paid me. I asked uber for corp to corp through invoice (s) instead of 1099 since legal name they would be paying is an LLC. It fell on deaf ears and they sent a 1099.
The way I file income from the LLC is through form K-1 from the LLC filing onto schedule E for my personal return. All the expenses are then LLC expenses and par deducted on the LLC return. The income or loss then passes through to schedule E on my 1040.
Question:
Can I put the 1099 on the LLC filing and do the pass through to my Schedule E?
Any help appreciated. Thanks


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## therides (Mar 1, 2016)

Those situations are more involved and require time, consult your tax professional


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## UberTaxPro (Oct 3, 2014)

Is your contract between you and Uber or your LLC and Uber?
Is the 1099 issued to your name or the name of the LLC?


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## kideyse (Oct 22, 2015)

LLC for both


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## UberTaxPro (Oct 3, 2014)

I would think in that case you should file it through your LLC. How is your LLC taxed as corp, partnership or disregarded entity? Are you the only owner of the LLC?


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## therides (Mar 1, 2016)

Not sure how op wanted to get invoice for his services to begin with....


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## kideyse (Oct 22, 2015)

LLC Limited Liability Company. Filed as partnership form 1069 I think. I used to use a chapter S corp using form 1120 b4 the flat tax for S corps in NJ became too expensive. Then I switched to LLC.
No partners or principals other than myself. Uber would not take my invoice, stuck with 1099 made out to LLC.


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## therides (Mar 1, 2016)

Why did you need uber to take your invoice, I'm trying to understand... I guess you using llc for liability reasons?


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## kideyse (Oct 22, 2015)

Standard procedure for my consulting biz. Shelter from liability is essential. Particularly in high risk exposure.


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## StarzykCPA (Aug 6, 2015)

Yes, file it on your LLC return and it can pass through to you. I'm guessing your LLC has more than one member? I'm pretty sure an LLC with one member is not eligible to be taxed as a partnership (a C-Corp or S-Corp, yes).


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## therides (Mar 1, 2016)

Correct partnership by definition has two or more partners


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## StarzykCPA (Aug 6, 2015)

kideyse said:


> I have a NJ LLC that I use for my consulting business and that account is where Uber has paid me. I asked uber for corp to corp through invoice (s) instead of 1099 since legal name they would be paying is an LLC. It fell on deaf ears and they sent a 1099.


FYI, they can still send you a 1099 even if they paid through your invoices. And as an LLC, they would need to know/request your tax status (if you are a corp or not) so they know for sure whether or not a 1099 is required since an LLC can be a sole proprietor. But even if they find out it's not required, they can still send one...


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## kideyse (Oct 22, 2015)

It's the 1st time I'm putting 1099 on a 1069 return. Is there a line item for it specifically? Or just misc.


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## therides (Mar 1, 2016)

Get a CPA to do it


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## kideyse (Oct 22, 2015)

Thank you. Appreciate all your help


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## UberTaxPro (Oct 3, 2014)

kideyse said:


> It's the 1st time I'm putting 1099 on a 1069 return. Is there a line item for it specifically? Or just misc.


kideyse I think you mean 1065 form not 1069 right? Looks like it would go in box 1a combined with other partnership income. Deductions are what I'm thinking about.I think the way for you to go is to have the partnership reimburse you at the standard mileage rate for your Uber miles and have the partnership enter actual expenses (including your reimbursement) on the 1065


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## kideyse (Oct 22, 2015)

Thanks again. Appreciate it


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## IDOPKGS (Jan 2, 2016)

1099 yourself as an independent contractor from your corporation. Business can't take the mileage deduction only true expenses.


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## Older Chauffeur (Oct 16, 2014)

IDOPKGS said:


> 1099 yourself as an independent contractor from your corporation. Business can't take the mileage deduction only true expenses.


Not according to this from the IRS:
*Methods for Deducting Car and Truck Expenses*

For local transportation or overnight travel by car or truck, you generally can use one of the following methods to figure your expenses.


Standard mileage rate.

Actual expenses.


*Standard mileage rate.* You may be able to use the standard mileage rate to figure the deductible costs of operating your car, van, pickup, or panel truck for business purposes. For 2015, the standard mileage rate is 57.5 cents per mile.









If you choose to use the standard mileage rate for a year, you cannot deduct your actual expenses for that year except for business-related parking fees and tolls.

*Choosing the standard mileage rate.* If you want to use the standard mileage rate for a car or truck you own, you must choose to use it in the first year the car is available for use in your business. In later years, you can choose to use either the standard mileage rate or actual expenses.

If you use the standard mileage rate for a car you lease, you must choose to use it for the entire lease period (including renewals).

*Standard mileage rate not allowed.* You cannot use the standard mileage rate if you: 

Operate five or more cars at the same time,

Claimed a depreciation deduction using any method other than straight line, for example, ACRS or MACRS,

Claimed a section 179 deduction on the car,

Claimed the special depreciation allowance on the car,

Claimed actual car expenses for a car you leased, or

Are a rural mail carrier who received a qualified reimbursement.


*Parking fees and tolls.* In addition to using the standard mileage rate, you can deduct any business-related parking fees and tolls. (Parking fees you pay to park your car at your place of work are nondeductible commuting expenses.)

*Actual expenses.* If you do not choose to use the standard mileage rate, you may be able to deduct your actual car or truck expenses.


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## UberTaxPro (Oct 3, 2014)

IDOPKGS said:


> 1099 yourself as an independent contractor from your corporation. Business can't take the mileage deduction only true expenses.


 Generally, officers of a company cannot be classified as independent contractors.


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## IDOPKGS (Jan 2, 2016)

If you don't have a payroll, you can be considered an independent contractor. As for the prior posts, they stated they were paid as a corporation. The IRS information is correct you sent for individuals, not a corporation. A corporation can not take miles, only a person. This is the reason to have the company issue you a 1099 as an independent contractor, then miles can be claimed.


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