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1099 K From PayPal -

I think you are making this more complicated than it really is. Capital gain is reported on (checks Google) Schedule D. It's straightforward. CG doesn't factor into self-employment tax. (The fed cutoff is not 20k/200 transactions- that, I understand, is just what triggers a 1099). Again, if you want to take less value for something to avoid paying taxes, well, that's one way to go... but I'd rather pay a tax on a gain than just give up all the gain.

This was where I saw that 1099-K is reported on Schedule C: Understanding Your Form 1099-K | Internal Revenue Service

But this specifies that self-employment tax is on *net* earnings, not gross receipts. So it should be fine, just a pain in the ***. Topic No. 554 Self-Employment Tax | Internal Revenue Service
 
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This was where I saw that 1099-K is reported on Schedule C: Understanding Your Form 1099-K | Internal Revenue Service

But this specifies that self-employment tax is on *net* earnings, not gross receipts. So it should be fine, just a pain in the ***. Topic No. 554 Self-Employment Tax | Internal Revenue Service

if you have capital gain it is taxed as capital gain. If you bought a widget for $50 and sell it for $200 you have a $150 capital gain and it is reported as CG. Forget anything about self-employment tax when you are considering how CG is taxed.
 
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Aren't gross receipts subject to the self employment tax on Schedule C?

My tax guy said that 'net receipts' are subject to self employment tax and not gross receipts. Also, if you want to claim deductions then you need to report yourself as a business and as a business you need to show a profit two out of five years. Otherwise, IRS considers it a hobby. Essentially, what my tax guy wanted from me is an excel sheet showing what PayPal claimed as gains and the cost it took me to aquire those items. Now whether I can find all of those receipts is a different story. IRS = pain.
 
Massachusetts gives a good overview. They're saying that if you sold something for a loss, you don't need to report it. (Meaghan example) I could find nothing on the Illinois site nor the Maryland site. Looked through Maryland's law that enacted the change and it's buried in definitions that change to follow a named IRS definition rather than just saying that you get a 1099-K if you received more than $600 in payments.

Frequently asked questions about Form 1099-K notices from third party payment processors
 
My tax guy said that 'net receipts' are subject to self employment tax and not gross receipts. Also, if you want to claim deductions then you need to report yourself as a business and as a business you need to show a profit two out of five years. Otherwise, IRS considers it a hobby. Essentially, what my tax guy wanted from me is an excel sheet showing what PayPal claimed as gains and the cost it took me to aquire those items. Now whether I can find all of those receipts is a different story. IRS = pain.

Right, I have zero receipts for anything I purchased. It's a new requirement, so I'm going to use retail as my best guess.
 
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Thought I'd summarize because I put some incorrect information in here and cannot edit it due to the timeout of the edit feature.

What: Federal guidelines state that if you have had $20k and 200 or more transactions processed in a calendar year, the third party processor is required to issue a 1099-K to you. This is probably done as a notice - hey we see what looks like a business. Now some states are requiring that same 1099-K notice be given when you hit much lower threshold of money processed, mostly a threshold of $600 with no limit on the number of transactions.

Why are they doing this? It's not to catch us, it's being done because Uber, Lyft and other gig economy types of jobs are considering themselves third-party processors that are just processing payments for their contracted drivers, etc. This gives them tax advantages and an occasional Uber driver that might do $5k in fares in a year would slip under the radar.

If you do not make a profit on your sale, you will not have to pay tax on the sale. But, you may need to file the paperwork. Check with your state to see what they say specifically. Vermont and Mass say that you don't need to file if you sell something at a lower price than you originally paid for it.

What should we do going forward: save your receipts when you buy something. I haven't and I can't really prove what I paid for anything. I'm going to use retail as a proxy for not having the receipt for something I purchased 5 years ago.

If I'm being taxed on profit, then I can write-off a loss, right? Possibly, but I'd only use the losses to offset other profits. You can technically write off $1500 individual / $3000 joint capital gains losses. But you and I know that unless you're making big bucks and have a few politicians' cell number on speed dial, then the tax system benefits aren't for us. So, keep the possibility in mind, but consult your tax professional.

Current states affected: Massachusetts, D.C., Mississippi, Vermont, New Jersey, Arkansas, Illinois, Virginia and Maryland. Look for the others to follow in the next few years.
 
Wasn't this covered in another thread about a year ago? Why yes it was, except it was three years ago.

1099-K Form From Paypal?

Lol, that's my thread from three years ago. Can't believe this thread has gone to 9 pages about this. Pretty simple: if you process more than 20 grand which includes the selling price and the shipping price plus you have at least 200 transactions per year through Paypal it triggers a 1099 and you have to report that income to the IRS. I created a separate Paypal account since then to work around this issue.
 
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Lol, that's my thread from three years ago. Can't believe this thread has gone to 9 pages about this. Pretty simple: if you process more than 20 grand which includes the selling price and the shipping price plus you have at least 200 transactions per year through Paypal it triggers a 1099 and you have to report that income to the IRS. I created a separate Paypal account since then to work around this issue.

But that’s not correct. There are now 7, I think, states that require a 1099-K for amounts as low as $600 total with no restriction on the number of transactions.
 
Guess I'll have to create more Paypal accounts, lol. Not a big deal, I expect to report most of what I sell anyway. I'm a high volume seller on Ebay for motorcycle parts although they don't rely on Paypal as much anymore.

It's just a matter of time before all the states do this. It's to catch the ride-share drivers that aren't reporting income and Uber / Lyft is avoiding taxes too. So, we get screwed.
 
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Paypal told me I have to go through and audit my own transactions to figure out which are sales of used personal gear vs my little side hustle sales. Then my accountant said I have to put that stuff on Schedule C. I dont know how to make sure it's associated properly but here goes nothin'...
 
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OBTW for anyone who mentioned Reverb - I don't know if Reverb has to do 1099Ks because they're not a *payment processing* company like Paypal is... Paypal says they specifically have to because they are a financial transaction company.
 
Not sure about other states, but Maryland has a $1000 / instance of third-party processors not providing 1099-K when it meets their (Maryland's) new cutoffs. That would be a good reason to work around things and reclassify as not a processing entity.