Can I Have A W2 And Be A Sole Proprietor?

  • John A. Osborne
  • May 15, 2023
Small Business Insurance New Mexico

Being a sole proprietor has its own advantages and disadvantages. If you are a sole proprietor, you own the business and have complete control over it. You are responsible for all the decisions and risks that come with it. However, when it comes to taxes, many people wonder if they can have a W2 as a sole proprietor. The answer is not straightforward, but in this article, we will explore the possibilities.

First, let’s understand what a W2 is. A W2 is a tax form that an employer sends to their employees at the end of the year. It shows the employee’s wages, taxes withheld, and other deductions. As a sole proprietor, you do not have an employer, so you may think that you cannot have a W2. However, there are situations where you can receive a W2 even as a sole proprietor.

Working as an Employee and a Sole Proprietor

It is possible to work as an employee and a sole proprietor at the same time. For example, you may work for a company as an employee and also have a side business as a sole proprietor. In such a situation, you will receive a W2 from your employer and a 1099 form from your clients as a sole proprietor. You will have to report both your income sources when you file your taxes.

However, if you are working as an employee and have a side business, you need to be careful about certain things:

  • Make sure you inform your employer about your side business.
  • Do not use your employer’s resources for your side business.
  • Do not let your side business interfere with your work as an employee.

Receiving a W2 from Your Own Business

As a sole proprietor, you do not have an employer, but you can still receive a W2. However, it is not common, and it requires a separate legal entity. You can create a separate legal entity, such as an LLC or a corporation, for your business. You can then hire yourself as an employee of that entity and receive a W2 from it.

However, creating a separate legal entity for your business may not be necessary for everyone. It depends on your business structure, size, and goals. It is best to consult with a tax professional to determine if creating a separate legal entity is the right choice for you.

Filing Your Taxes as a Sole Proprietor

As a sole proprietor, you will file your taxes using Schedule C of your personal tax return. You will report all your business income and expenses on this form. You will also pay self-employment taxes, which include Social Security and Medicare taxes. The tax rate for self-employment taxes is higher than the tax rate for employees.

It is essential to keep accurate records of all your business income and expenses. You can use accounting software or hire a bookkeeper to help you with this. Keeping accurate records will help you file your taxes correctly and avoid any penalties or audits.

Conclusion

In conclusion, as a sole proprietor, you can have a W2 in certain situations. If you work as an employee and a sole proprietor at the same time, you will receive a W2 from your employer and a 1099 form from your clients. If you create a separate legal entity for your business, you can hire yourself as an employee and receive a W2 from it. However, creating a separate legal entity may not be necessary for everyone. As a sole proprietor, you will file your taxes using Schedule C of your personal tax return and pay self-employment taxes. It is important to keep accurate records of your business income and expenses to file your taxes correctly.

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