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Kiki15
Returning Member

1099-NEC

I’m filing my W2G and my 1099-NEC. I’m Native American and both incomes were earned on native land, therefore I’m exempt. CORRECT? When I enter in my W2G its showing me the amount I’m supposed to get back $300 correctly (since I got the taxes taken out at the casino) but as soon as I put in my 1099-NEC it shows me that I suddenly owe $53 and get nothing back.  I shouldn’t owe anything, I should be getting $300 back since the money I earned with the 1099 wasn’t taxed. What am I doing wrong?????

INFO- My 1099-NEC was sent to me from the organization in my community. It shows nonemployee compensation, I don’t have my own business. This money from my 1099 is from me completing a certificate program for a stipend. Please help!  

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3 Replies
Vanessa A
Employee Tax Expert

1099-NEC

No.  You are not exempt from taxes. The 1099-NEC income, if from self-employment is subject to Self-Employment taxes and that would be the reason your went from a refund to owing.  The SE tax is 15.3% of your earnings. 

If this was not income from Self-Employment (performing services for pay even if you do not have an official business), then after you enter the 1099-NEC, you can select that this was hobby or sporadic activity.  This will remove the self-employment taxes, but will keep the income taxed as ordinary income.

 

Wages/Self-Employment Income In most situations, members of federally recognized tribes who work for an employer or who are self-employed are subject to federal income taxes on wages and self-employment income earned. The amount received from an employer (Form W-2 wages) is reported on the “wages” line of the individual’s tax return, while self-employment income is reported on Schedule C, Profit or Loss From Business. They are subject to both income and FICA tax (including self employment tax). Generally, your employer must: Withhold the employee’s share of taxes under the Federal Insurance Contributions Act (FICA), Withhold federal income tax from employees’ wages, and Pay federal employment taxes on wages paid to employees. Note: IRC Section 7873 provides an exemption for income earned from the exercise of treaty based fishing rights. Income Tax Guide for Native American
Individuals and Sole Proprietors  

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Kiki15
Returning Member

1099-NEC

Schedule OR-EIS states that any income earned on tribal land while the person is is also an enrolled member while earned in Oregon is exempt. My 1099-SEC checks all those boxes???? 

RobertB4444
Employee Tax Expert

1099-NEC

Which is correct for the Oregon tax return.  The federal tax return is exactly as @Vanessa A describes above.  

 

When filing your Oregon tax return you may have to make some adjustments to income so that the system recognizes that the income was earned on tribal land.  

 

@Kiki15 

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