Did you give anything in exchange for the money (such as property or services)?
In other words, does IRS audit you if you received or deposited money in your account but did not pay taxes on it?
IRS Audits generally never get to that point. Typically, there is a specific item (or items) on your return that will be questioned.
If, however, any brokerage/bank statements are requested and examined, the taxpayer typically has the burden of explaining the nature and source of any deposits (primarily large deposits).
No, but how would IRS know that? Money that you received is not "labeled" gift, or does it have to be?
Payers of income have strict reporting requirements with the IRS. This is the purpose of forms like the W-2, 1099-NEC, and other "1099" forms. Gifts that exceed the annual gift tax exclusion amount must be reported to the IRS by the donor.
And there can be criminal penalties for evading taxes:
For example, if one of your bank statements are examined and the IRS notices a $20,000 deposit, you are going to have to reveal the source and nature of that deposit.
If you cannot, the IRS (absent any other explanation) is going to consider the $20,000 to be taxable income.
I was wondering if self-employed people might evade taxes by claiming them as gift, a little far fetched, I guess.
So, I guess it is better to receive gift as a personal check or as a Zellepay transfer rather than cash, that way the source is already declared, right?
@tax_info_seeker987 wrote:
I was wondering if self-employed people might evade taxes by claiming them as gift, a little far fetched, I guess.
That would be illegal, of course, and subject those people to civil and criminal penalties.
As @TomD8 mentioned, there are tax reporting statements (1099-NECs and others) that are filed with the IRS to minimize, or eliminate, the ability to conceal income.
Again, if ever examined and questioned, deposits are presumed to be taxable income if there is no other explanation for their source and nature.
If you're self-employed, any client who paid you $600 or more during the year must issue you a 1099-NEC, a copy of which goes to the IRS.
@tax_info_seeker987 wrote:
So, I guess it is better to receive gift as a personal check or as a Zellepay transfer rather than cash, that way the source is already declared, right?
No, a personal check or transfer from Zelle is not the source.
The individual or company that wrote the check (or initiated the transfer) is the source.
Bottom line: it's not a good idea to try to get slick with the IRS.
Of course, the name of the person will be on the personal check or Zelle payment, so easier to keep track of the source? That's what I meant?
By self employed, I was referring to people like house painters, when we pay them, for example, $1500, we don't make a 1099 for it, so what if they try to evade taxes by claiming it as a gift?
@tax_info_seeker987 wrote:
By self employed, I was referring to people like house painters, when we pay them, for example, $1500, we don't make a 1099 for it, so what if they try to evade taxes by claiming it as a gift?
That is not your problem. 1099s are generally for trade or business reporting (i.e., reporting payments made in the ordinary course of business).
Paying someone (or some company) to paint your personal residence is not a payment made in the ordinary course of a business. If the house painter choses to claim that the payment is a gift, that is a potential issue with which they will have to deal if they are ever audited.
@tax_info_seeker987 wrote:
Of course, the name of the person will be on the personal check or Zelle payment, so easier to keep track of the source? That's what I meant?
Yes, so if you receive a gift (most notably a large one) via a personal check or Zelle payment, it would be prudent to retain a record of that.
But how will IRS find out if any product or service was provided in return for money received without auditing the recipient if they don't report it on their tax return? My point is that, wouldn't it be better if there is a requirement to report all gift money, even smaller amounts, on tax return upfront, so there is less confusion or chance of audit later?
@tax_info_seeker987 wrote:
,,,,wouldn't it be better if there is a requirement to report all gift money, even smaller amounts, on tax return upfront, so there is less confusion or chance of audit later?
Perhaps, but only annual (total) gifts to any one individual that exceed the exclusion amount (currently $16,000) are required to be reported by the donor; donees (recipients) of gifts do not have a reporting requirement (other than in certain, limited, instances).
See https://www.irs.gov/instructions/i709#en_US_2021_publink16784xd0e649
Without a doubt billions of dollars in taxable income goes unreported each year. But if the evaders are caught by the IRS, the penalties can be very harsh, up to and including prison time. Last year the IRS carried out over 2,500 criminal investigations and had a 90% conviction rate.
By the same token it's true that, to a large degree, our tax system rests on voluntary compliance by honest citizens.
@tax_info_seeker987 wrote:
What do you think?
What I think is largely irrelevant. If you want to change current tax policy, write letters to your representatives in Congress.