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burrito143333
Returning Member

1099-K from Paypal and I don't have a business

I confirmed with both fanduel and draftkings that i will not be receiving the W2G as my winnings didn’t exceed the threshold to send that form out. So i can either not include the 1099-k on my tax return or just include it and write it off? I don’t want to be audited.

DawnC
Employee Tax Expert

1099-K from Paypal and I don't have a business

Whether you report it or not, you need to be sure you keep detailed records of the back and forth of that $42K.   If you don't report, make sure you can trace the money to show you had a net loss or at least no income to report.   You could receive an inquiry for not reporting the income or for the details of your 'write-off'.   

 

You can offset the income with expenses if you are engaged in the activity for profit by filing a schedule C (self-employed).   

 

If it is a hobby, you have to report any income and you can't offset the income with expenses.   

 

If you itemize instead of taking the Standard Deduction, you can deduct gambling losses up to the amount of your winnings.  You won't be able to deduct gambling losses if you lost more money than you won (excess losses) or if you're taking the Standard Deduction. For example, if you have $5,000 in winnings but $7,000 in losses, your deduction is limited to $5,000.

 

See this article about gambling loss deductions for more information.

 

Any other type of activity could be reported, as described in the solution on this thread, as Miscellaneous or Other Reportable Income, with a negative entry for the amount that is not taxable income.  

 

@burrito143333

 

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1099-K from Paypal and I don't have a business

Ok, since I'll be doing that, I can write off every transaction I have done for review since it is a 1099-k, correct? All the payments I received "as refunds" match all the items I paid directly through Amazon. Classified as self-employed, I should be able to write it off? 

1099-K from Paypal and I don't have a business

Yes, I received it last night. I do have to file it as a 1099-k taxable document. But since I am "self-employed" and this is my "business" without leaving me with any choice.... I will be able to write off every transaction since that is the only way I got to my amount. And since I am using my phone, in specific for my "own business" ofcourse, any phone expense within that year should also be written off. 

burrito143333
Returning Member

1099-K from Paypal and I don't have a business

@DawnC 

 

this isn’t a hobby. i’ve stopped. as for details, couldn’t they just be pleased with my transaction detail history from paypal that shows it was money going in and out of fanduel, draftkings and my account? 

 

if i don’t report this is there a chance i’ll get audited?

Vangmx
Returning Member

1099-K from Paypal and I don't have a business

Hello!! I am in the same boat but I have used my bank for sweepstakes games online but I received a 1099k instead. As well I have not worked in 2021 so my only source of income was my husband but he filed taxes and claimed me as a dependent because I did not realize that we would be getting this 1099k which is under $2000. Please help! 

Vanessa A
Employee Tax Expert

1099-K from Paypal and I don't have a business

Your husband cannot claim you as a dependent.  The options for a spouse are Married Filing Jointly and Married Filing Separately.  If he filed a joint return, then you will need to Amend Your Return  to include your income on the return as well.  The amended forms are not available in TurboTax until Feb 23rd. 

 

If, he somehow claimed you as a dependent, that will also need to be changed as a spouse is not a dependent. 

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hkweller
Returning Member

1099-K from Paypal and I don't have a business

Will a full 2021 paypal transaction history be proof enough to provide to IRS if they question why I didn't not report the 1099k? I do have $17,000 of winnings that I am claiming on W2G's. But that is still not enough to cover the "payouts" which were matched in deposits, which is not income as I deposited just as much to win it, if not more (very likely more). Just want to be sure I'm doing this correctly. Thank you.

Vanessa A
Employee Tax Expert

1099-K from Paypal and I don't have a business

Yes, your PayPal ledger is proof of money sent and received. It would be the same as having a paper receipt from a store showing you bought a specific item.

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Vangmx
Returning Member

1099-K from Paypal and I don't have a business

What if we are only traditionally married? And if we do amend it later on because I have not worked in 2021 my winnings from the 1099k will still count as income even if it’s sweepstakes winnings? 

Vanessa A
Employee Tax Expert

1099-K from Paypal and I don't have a business

Traditionally married as opposed to what?  If you are legally married and living together, you must file as married filing joint or married filing separate.  There are no other options.

 

Whether you work or not does not affect whether or not your other income is taxable.

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Vangmx
Returning Member

1099-K from Paypal and I don't have a business

Not legally married, only by our tradition/culture. 

ThomasM125
Expert Alumni

1099-K from Paypal and I don't have a business

@Vangmx Your marriage would have to be legally recognized where you live to allow you to file as married/joint on a federal tax return.

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Vangmx
Returning Member

1099-K from Paypal and I don't have a business

So I wanted to confirm. Will I have to file the 1099k taxes even if it’s under $2000 in winnings and since I have not worked at all in 2021? What will I also have to input when it asks for Small Business and small business code as this winning is from sweepstakes wins only? 

1099-K from Paypal and I don't have a business

You can still file your taxes while being claimed as a dependent. The 1099K was in your name right? If this were w2 income of a small amount, you would not file.  However a 1099-K is treated different. You would have to file an individual return.

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