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AvaNicastro
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

The key word is, "typically". Are you saying that TurboTax is only typically guaranteeing the maximum refund? I understand that often 1099-NEC is self-employment income. But not always and not in my case. So yes, it is a TurboTax error and I should be refunded under the TurboTax Maximum Refund Guarantee. How do I get refunded?

I understand what NEC stands for. The issuer purposely used a 1099-NEC because the income is earned. Starting this year Form 1099-MISC is only used other types of payments, such as rents, royalties, fishing boat proceeds, and payments to an attorney for legal services. If they had used a 1099-MISC it would have been unearned income for me.

keithkrueger
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

I had the same experience as the originator of this discussion. I received a 1099-NEC for being poll worker at three elections in Ohio in 2023. Obviously this is not self-employment business. Because I had to enter this 1099-NEC, I was required to upgrade to the TurboTax Basic product, otherwise I could have used TurboTax Basic online; my taxes are that simple. In entering the 1099-NEC, I was then required by TurboTax to create an associated Schedule C business and pay additional self-employment taxes.  Seeing this result, I went to the IRS and found this instruction for reporting my 1099-NEC income: “If the income reported on Form 1099-NEC is not self-employment income, but instead from a sporadic activity or hobby, report it on line 8, Other Income”, on Schedule 1 (1040)”.  Since TurboTax did not have this option, I had to do this manually.

AnnetteB6
Expert Alumni

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

TurboTax does have the option of reporting income on Form 1040 Schedule 1 line 8 when the income is not considered to be self-employment.  

 

Here are the steps:

 

  • Go to Wages and Income > Other Common Income > Income from Form 1099-NEC and click Start or Update
  • Enter the details reported on your Form 1099-NEC
  • Describe the reason you received the income
  • On the screen titled 'Does one of these uncommon situations apply?', select the This is not money earned as an employee or self-employed individual, it is from a sporadic activity or a hobby choice 

 

The result is that the income is reported on Form 1040 Schedule 1 line 8z with the amount and description that you entered.

 

@keithkrueger 

 

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AvaNicastro
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

This advice is NOT CORRECT and was previously recommended in this thread by a TurboTax Expert.  Following this method will result in the income being classified as unearned income in my case (as a Dependent on my parent's return).  I posted the correct approach earlier in this thread.

 

The only question I have on this topic is how do I submit claim to get refunded under the TurboTax Maximum Refund Guarantee?

 

This is the third time in this thread I have asked how to submit a refund claim.  I'm starting to question is this guarantee really exists.  I am not asking for an opinion regarding the validity of my claim nor am I any longer asking for help to complete my taxes.  PLEASE JUST ANSWER MY QUESTION!

AnnetteB6
Expert Alumni

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

Use the following link and select the license agreement for the TurboTax product that you used.  Then search the document for the term 'maximum refund' using CTRL-F.  There you will find the details for how to submit a claim under the guarantee.

 

TurboTax Agreements and Licensing Disclosures
 

@AvaNicastro 

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AvaNicastro
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

Thank you!

 

Posting the claim process below for others.  Seems like a lot of "hoops"  for a customer that just helped TurboTax and other users by identifying a problem in their software.  But, I guess I'll play the game.

 

(b) TurboTax Maximum Refund Guarantee – Individual Returns. The TurboTax Maximum Refund (Tax Savings) Guarantee is for the lifetime of your 2023 individual tax return, which Intuit defines as seven (7) years from the date you filed it using TurboTax Online. The Guarantee applies only to individual returns filed using TurboTax (excluding business returns), and only if filed with the IRS or, in the case of state returns, the relevant state tax authority, all subject to the
terms below:

  1. If you are a registered user of TurboTax and use TurboTax for preparation and filing of your 2023 individual return, and later file an amended return using identical information and data but using a tax preparation method other than TurboTax, and you receive a larger refund amount or pay a smaller tax due amount using such alternative method (excluding where any tax law changes made by federal or state governments after your original TurboTax-based return was filed cause a change in refund or tax due), then Intuit will refund to you the applicable purchase price actually paid by you for the preparation and filing of your 2023 federal and/or state individual return using TurboTax Services. TurboTax Free Edition customers are entitled to payment of $30 in such case. To qualify, the larger refund or smaller tax due cannot be attributed to variations in the information or data you used for such alternate tax preparation method or for positions taken by you or your alternate preparer or method that are contrary to the law, or to changes in tax law that occurred after you filed your return using TurboTax.
  2. Claims must be submitted within sixty (60) days of the date you receive a larger refund amount or pay a smaller tax due amount and no later than seven (7) years after the return was filed, which Intuit defines as the lifetime of the tax return.
  3. To submit a claim, you must provide Intuit with the following documents via first-class U.S. mail and add USPS Tracking to your shipment to ensure tracked delivery:
    1. copy of your TurboTax proof of payment (i.e., sales receipt) and/or shipment packing slip,
    2. copy of your proof of payment for another tax preparation method (unless done manually by you),
    3. copy of your TurboTax data file and return,
    4. copy of the printed and filed tax return from the other tax preparation method; and
    5. a letter summarizing your refund or tax due amount using TurboTax and your refund or tax due amount using another tax preparation method.

      You must send all of the foregoing by mail to TurboTax Maximum Refund Guarantee, 2800 E Commerce Center Place, Tucson, AZ [removed]. You must maintain separate copies of all submitted items for your records. Claims of non-payment of a refund of your TurboTax purchase price will require photocopy substantiation of all required items. Please allow up to 6 weeks for processing and delivery. If after 8 weeks you have not received your check, contact us via the TurboTax support website. Any materials submitted to Intuit are understood to be non-returnable. You are responsible for maintaining all documents necessary to qualify for the Guarantee.
  4. All other fees you may have paid to Intuit for additional services or as add-ons to your Tax Year 2023 return are excluded from this money-back guarantee, including but not limited to electronic filing fees, Audit Defense, Refund Processing Service and technical support fees, if any. This guarantee cannot be combined with the Satisfaction Guarantee below. This guarantee does not apply to business returns.
AvaNicastro
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

How do I submit the TurboTax data file by US mail?

 

Isn't there an email address or online form submital for claims?

AvaNicastro
Returning Member

TurboTax is not correctly treating 1099-NEC income that is earned but not self-employment.

How do I submit a claim under the TurboTax Maximum Refund Guarantee?

 

The instruction in this thread (see above) require submitting the TurboTax data file which is a multi-megabyte binary file, which cannot be printed.  The online submittal form discussed elsewhere in this forum only supports claims for the Accuracy Guarantee.  Upon searching this forum for others having a problem submitting a claim under the Maximum Refund Guarantee I found no resolution.  It seems most people just gave up.

 

I submitted this same question one week ago in this thread (see above) but did not receive a response from anyone at TurboTax.  At this time I am disputing the TurboTax fee with my credit card company which I am hoping will force TurboTax to respond to with a method to submit the TurboTax data file.

 

 

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