Hello. I have a rental property and after my last tenant moved out, I had to do different repairs and improvements. For this, I purchased the parts from store and did some work myself while hiring some help for portions as well. The cost of labor surpassed the $600 and I never sent a 1099-Misc to the laborers I utilized to help me. Can someone please help me figure out how I need to resolve this as I am trying to complete my taxes for 2018 and trying to figure out what to specify when TurboTax asks me if I paid anyone $600 or more for work related to the property. Do I just select the statement that says Yes, I paid for work required a form 1099 and then answer the sub statement that says No, I did not issue 1099?
Thanks in advance for your assistance!
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IRS official position would be for you to issue the 1099-MISC -- with copy to the IRS. It has no effect on your return or filing thereof. However, if the worker employed by you did provide you with his/her SSN and you are providing 1099-MISC late, his/her return may have to be amended ( depending on whether he/she declared that income or not). This may or may not make the worker happy
On the other hand , if you tell TurboTax that either (a) I was not required to issue 1099-misc or (b) I have issued the 1009-misc -- perhaps it would be too far a stretch of the actual situation.
Neither is an easy choice
difference is if your rental is a trade or business or a passive activity because you're an investor......it's easier now because there is the qbi deduction and if your rental is not a trade or business you don't have to issue any 1099s but then you can't take the qbi deduction.
i don't have their SSN. they were more of like day laborers and referred by others as i was working at the house. i paid them by checks and didn't really get an invoice from them. i could possibly get a SSN for a couple of them as i used them this year as well
my rental was the house i grew up in and then when the family moved on, i rented it for a while because market was really bad in the city and i would have to have sold it at a loss. this is the only property i have and is not registered under an LLC.
The simple answer is: you do not need to issue 1099-misc for the work you had done. Just say no when asked if you paid for work requiring a form 1099.
As you can tell from the other replies, taxes aren't simple and there is some subtleties to the situation.
I have three rentals myself and pay a guy well over $600 for yard care and other help turning the property around when I have a property vacant between renters. I've never issued them a 1099-MISC and always select "no" for the 1099-MISC. It's never been a problem.
Now a number of years back congress passed a law that, in the way it was worded I was "required" to issue the 1099-MISC. But that same year congress revised the wording so that it didn't apply to rental property owners if rental income was not your primary business and primary source of income. So if you are not a real estate professional, just select no and press on.
@Shuja not wanting to beat a dead horse and having gone through replies from @Hal_Al and @Carl , here is something to consider :
(a) the purpose of the rule by the IRS is to tap into the underground economy --- where small independent workers earn an amount but do not report the income on their returns ( actually , as a volunteer to the treasury I heard this being discussed by Neena Olsen, the taxpayer advocate, when she visited Argentina and learned how there each and every sale results in a tax receipt that both the buyer and seller must report -- thus cutting off the grey economy ) -- thus not paying the IRS and the State and also not paying the 15.3% net to the SSA
(b) what IRS is trying to do is make you responsible for ( and paying the extra 15.3 % that the worker would have to pay when income reported ) being their watchdog -- especially since the rule applies only for payments to independents ( presumed to be untrustworthy in the land of innocence till proven guilty ) but not to businesses ( whom are always to be trusted because they probably know better or have CPAs involved , whom are surely trustworthy, never mind that almost all the tax-preparers sanctioned by the IRS are all CPAs
(c) As @Carl mentioned , you employed a person to do the work, you paid them and really , how he/she does or does not report the income really is beyond your control unless of course you choose to pay extra ( because the worker surely will have to charge extra for the privilege of paying SSA )
But you are correct that the rule ( not the law ) requires you to issue 1099-misc and TurboTax as a responsible service provider has to ask the question.
that is my view
Generally, I don't reference a non-IRS website when it comes to tax law. But I found something on the Nolo website that gives a good, clear, concise, easy to comprehend understanding of this issue at https://www.nolo.com/legal-encyclopedia/do-landlords-need-to-file-form-1099-misc.html
The only bad thing, is that this webpage does not cite it sources. So while the guidance there is good, without sources I don't declare it the de-facto.
It makes sense if you meet the requirements with rental property to qualify for the QBI deduction, as it helps support your claim for the QBI. But most rental property owners I know dont' eve come close to meeting the requirements. I Know I don't on the time requirement. Even with the three rentals I own, I don't come anywhere close to the 250 hours required to be directly involved in all of my rentals combined.
In relation to the webpage, understand that an LLC (single or multi member) is unincorporated.
Thanks for all the replies guys!
I am in the same boat as you are with three rental properties and never gave a 1099-misc even though I have paid way over $600 for repairs. Didn't even know I was to include the cost of materials! Well, what's done is done, it's too late to go back. I will be moving forward and doing for the coming year.
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