When was the last time you wrote a check? Checks, and even cash, were losing favor to digital means even before the Covid crisis moved us all to touchless transactions. Now, we routinely put even small amounts on debit and credit cards and often use third-party settlement organizations (TPSOs) to facilitate online transfers to pay money we owe friends. Small business owners and hobbyists regularly accept digital payment for goods and services they provide to the public.
Way back in 2021, Congress passed a law that would make recipients of funds processed through TPSOs subject to being issued Form 1099-K to report amounts received. Since then, Congress has pushed out the enforcement of the new regulations several times. However, the IRS recently clarified that in 2024 anyone receiving over $5000 should get a 1099-K, with the threshold dropping to $2500 in 2025 and only $600 in 2026.
The intent of the legislation is to catch the estimated millions of dollars of taxable funds that are not being reported by freelancers, workers in the gig economy, and others who use digital platforms to accept payments. To be clear, the law has always stated that all income, unless on a very short list of exemptions, is to be reported on the tax return. Many people erroneously think income below $600 is exempt, but they’re confusing different parts of the tax code; all income is reported on the receiver’s tax return, but the payer is only obligated to issue 1099s when the amount transferred exceeds certain limits, such as $600 to most independent contractors.
It's anticipated that many small business owners and gig workers will correctly receive these 1099-Ks and will need to make sure they include an accurate Schedule C to report their income and related expenses on their tax return. However, it is inevitable that many individuals will be mailed 1099-Ks that include non-taxable transactions, such as being reimbursed by a friend for their share of the dinner check or receiving birthday money from a favorite relative.
Because the regulations have been put on hold several times since the law was enacted, some TPSOs have indicated that they are ready to meet the more stringent $600 threshold now and will start issuing forms following this lower reporting limit. Therefore, we expect many of our clients to find a 1099-K or two in their mailboxes soon.
So what do you do with the form if you get one? If the form accurately reports income you took in during 2024 for goods or services you provided, then you simply include that amount on your Schedule C (you were doing that even without the 1099-K, right?).
However, if your 1099-K reports money that is not taxable (that dinner tab you picked up or the holiday cash you received) the IRS has provided guidance on how to handle it. You’ll still report the total amount on the form but will follow a special procedure to back out any non-taxable transactions. This is why it is a good idea to track non-taxable funds you receive. A log reporting the date, amount, payer, and reason for the payment will come in handy at tax time; more importantly, it can help you avoid paying more tax than you actually owe, and that’s always worth a few minutes of record keeping.
Digital transactions are here to stay, and as technology evolves so will the IRS’s efforts to make sure no one is using electronic transfers to skirt the rules. Stay on the right side of the law by reporting all taxable events, but keep good records of the non-taxable ones!
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