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What is the name of your state (only U.S. law)? Wisconsin

Say the IRS is making a habit of levying my income as an independent contractor. Would having my clients make the check out to a business name instead of my name be a temporary reprieve until I have to file taxes under that name next year?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Say the IRS is making a habit of levying my income as an independent contractor. Would having my clients make the check out to a business name instead of my name be a temporary reprieve until I have to file taxes under that name next year?
No, because you would have to get an EIN number for the business in order to open a bank account to be able to cash the checks, and that would tie you to the business.
 
No, because you would have to get an EIN number for the business in order to open a bank account to be able to cash the checks, and that would tie you to the business.
Although forming a corporation would work because the EIN wouldn't be my social security. But then I would be facing double taxation.
 

tranquility

Senior Member
Double taxation? Maybe, maybe not--depending on your entity. But, the filing of the request for the EIN will link you to the corp and may subject anything you receive from the corp/pship/scorp/llc to garnishment.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Wisconsin

Say the IRS is making a habit of levying my income as an independent contractor. Would having my clients make the check out to a business name instead of my name be a temporary reprieve until I have to file taxes under that name next year?
Please explain why we should assist you in avoiding your legal requirement to pay your taxes...
 
Please explain why we should assist you in avoiding your legal requirement to pay your taxes...
I'm not trying to avoid it. I need time to earn more money. I've lost income this year and barely have enough to survive. I don't have enough money to form a corporation anyway.
 

abys32

Member
You may have already heard that there are many advantages to opening a business in order to collect payment from clients, particularly as an independent contractor. A big advantage, if done correctly, is that it limits a client's ability to access your personal assets if you are ever sued.

You can elect s-status as a corporation to avoid double taxation, but you must be able to keep on top of all the paperwork. An LLC also has benefits that avoid double taxation.

I think that others are saying that there would still be a garnishment if you attempt to draw from the business bank account. That, I don't know. Also don't know if an EIN would *delay* the garnishment process. It might matter if there are shareholders or members other than yourself.
 
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