If you received an erroneous 1099-Misc
You have several choices:
1. Ideally, you get a corrected 1099-misc from the payer
2. Don't report it on your return. Attach a copy of the 1099 and a statement explaining the circumstances. You can't e-file. From the IRS instructions for form 1099-Misc: Form 1099-MISC incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
3. Report the Income on schedule C and take a deduction, for the same amount, under other expenses
4. Report the income as misc line 21
income (enter in TurboTax at the
1099-Misc screen) . Then enter a
line 21 deduction, for the same amount. In TurboTax (TT), enter at:
- Federal Taxes tab
- Wages & Income
- “I’ll choose what I work on” Button
Scroll down to:
-Less Common Income
-Misc Income, 1099-A, 1099-C
- On the next screen, choose – Other
reportable income - Enter the number with a minus sign (-) in front. Briefly
explain at description.
5. Do nothing and hope you can explain it away when & if the IRS contacts you
Why do you think it is nontaxable? Getting a 1099-Misc usually means it is taxable. What did you get this money? By "I put amount in box 7" do you mean the 1099-Misc you received had the money in box 7? If not, what box was it in?
Thank you. Yes, the funds were put in box 7. This was a nontaxable lawsuit settlement not associated with wages, punitive damage, or anything else that would trigger a taxable event.
You still haven't said why you DID get the money. All income is taxable unless the tax law specifically exempts it (e.g Veterans benefits).
According to the tax code, the only damages you can enjoy tax-free are those that compensate you for physical injury or physical sickness. (26 U.S.C. § 104(a).)
References:
<a rel="nofollow" target="_blank" href="https://www.nolo.com/legal-encyclopedia/question-won-lawsuit-pay-tax-award-28353.html">https://www.nolo.com/legal-encyclopedia/question-won-lawsuit-pay-tax-award-28353.html</a>
<a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-utl/lawsuitesawardssettlements.pdf">https://www.irs.gov/pub/irs-utl/lawsuitesawardssettlements.pdf</a>
It was a payment from an insurance trust where my wife was supposed to receive a portion of the insurance but instead had to sue for it.
The settlement agreement says "The Settlement Payment shall be made free of any
income, gift or estate tax to the payees"
Settlement agreements cannot make money nontaxable. Taxability goes by IRS rules and tax law. What sometimes happens is the award is just increased to give you additional money to pay the taxes.
Taxability probably goes back to reason the insurance company originally funded the trust
If you received an erroneous 1099-Misc
You have several choices:
1. Ideally, you get a corrected 1099-misc from the payer
2. Don't report it on your return. Attach a copy of the 1099 and a statement explaining the circumstances. You can't e-file. From the IRS instructions for form 1099-Misc: Form 1099-MISC incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
3. Report the Income on schedule C and take a deduction, for the same amount, under other expenses
4. Report the income as misc line 21
income (enter in TurboTax at the
1099-Misc screen) . Then enter a
line 21 deduction, for the same amount. In TurboTax (TT), enter at:
- Federal Taxes tab
- Wages & Income
- “I’ll choose what I work on” Button
Scroll down to:
-Less Common Income
-Misc Income, 1099-A, 1099-C
- On the next screen, choose – Other
reportable income - Enter the number with a minus sign (-) in front. Briefly
explain at description.
5. Do nothing and hope you can explain it away when & if the IRS contacts you
I have a similar situation. I received settlement monies for a defamation claim and received a 1099 MISC Box 7 filled in with the settlement amount. On my 1040, TT put it on line 21- Other Income with "Settlement Income" from 1099MISC. However, I just received a proposed change notice from the IRS where they also added the Self Employment taxes. I thought defamation was in the category of Ordinary Income and not subject to SE taxes. Thoughts anyone?
@KPChin You reported the income correctly. The problem is that your 1099-MISC was completed incorrectly by the payer. Your settlement income should have been reported in Box 3 of the 1099-MISC, not Box 7. (Income reported in Box 7 is regarded by the IRS as self-employment income.)
You should try to obtain a corrected 1099-MISC from the payer. Alternatively, contact the IRS using the contact information on the notice you received, and explain the situation.
I can´t find the TAB mentioned: Can you please explain further.. thanks.
" Report the income as misc line 21 income (enter in TurboTax at the 1099-Misc screen) . Then enter a line 21 deduction, for the same amount. In TurboTax (TT), enter at:
- Federal Taxes tab
- Wages & Income
- “I’ll choose what I work on” Button
Scroll down to:
-Less Common Income
-Misc Income, 1099-A, 1099-C
- On the next screen, choose – Other reportable income - Enter the number with a minus"
This is an old post referring to 2107 and earlier tax returns. For 2019, the entries go on line 8 of Schedule 1, not line 21 of form 1040.
If you received an erroneous 1099-Misc
You have several choices:
1. Ideally, you get a corrected 1099-misc from the payer
2. Don't report it on your return. Attach a copy of the 1099 and a statement explaining the circumstances. You can't e-file. From the IRS instructions for form 1099-Misc: Form 1099-MISC incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly.
3. Report the Income on schedule C and take a deduction, for the same amount, under other expenses
4. Report the income as other income (enter in TurboTax at the 1099-Misc screen) on line 8 of Schedule 1. Then enter a line 8/Schedule 1 deduction, for the same amount. In TurboTax (TT), enter at:
- Federal Taxes tab
- Wages & Income
Scroll down to:
-Less Common Income
-Misc Income, 1099-A, 1099-C
- On the next screen, choose – Other reportable income - Enter the number with a minus sign (-) in front. Briefly explain at description.
5. Do nothing and hope you can explain it away when & if the IRS contacts you
When you receive a 1099-MISC and the income is recorded in box 7, you have to pay social security tax on the income in addition to federal tax; however, the money the person in this situation received was not "wages, and therefore, the payment should have been recorded in box 3 as "other income", to rightfully make them responsible for only federal tax, which is what has happened to me and how I found this post. I've asked the payer to make the correction, in my case the money received was from a lawsuit settlement, which is also "other income", verified by the CPA doing my taxes, but the payer is ignoring me, so with the deadline coming up and no corrected 1099-MISC, I also need to know what to do.
Thank you to the Intuit Tax counselor who posted the suggested solutions.
The path of least resistance is the #3 Sch C route ... it suits your purpose and has the least rate of IRS questioning.
From the IRS instructions for form 1099-Misc: Form 1099-MISC incorrect? If this form is incorrect or has been issued in error, contact the payer. If you cannot get this form corrected, attach an explanation to your tax return and report your income correctly. You cannot efile with an attachment. You will have to mail in your return.
The key to getting TurboTax to treat it as other income is to follow these steps:
Enter the 1099-Misc
On the next screen Describe what the payment was for
On the next screen select "none of these apply"
On the next screen select "No it didn't involve work like my main job"
On the next screen select "I got it in 2019" ONLY
On the next screen select No, it didn't involve intent to earn money
TT will put the amount on line 8 of Schedule 1 as other income
Thank you Critter 3 and Hal_Al for the helpful information. It's truly appreciated!
I have the same issue. How did you file it, and did the IRS send you a letter about it. I just got a letter. I put it in line 8 of schedule 1, but like you they reported it in box seven instead of three.
This is why I suggested the Sch C route earlier ... less chance of an IRS letter ... now all you can do is simply respond to the IRS notice to explain why you should not owe SE taxes on the 1099-misc box 7 amount.
How would the information be entered and credited if it were reported on 1099-NEC instead of 1099-MISC?
The 1099-NEC is new for 2020. For purposes of the thread above, it is the same as having received a 1099-Misc with the amount in box 7.
The IRS considers anything on a form 1099-NEC to be self employment income. Enter the 1099 income, at Other Common income / income from a 1099-NEC . TurboTax (TT) will complete Schedule C for you and allow you to deduct any expenses associated with this income. You'll also have to pay self employment tax (social security & Medicare) on any profits greater than $432. These types of payments are frequently done this way. Your "employer" is not the only one.
If you feel that this is not self employment income, see above for how to work around reporting it, on Schedule C, as self employment.
It doesn't report on Schedule C.. when I enter 1099-NEC under personal it adds it to Schedule 1 1040. My question is then how to make the adjustment on Schedule 1 Part II Adjustments to Income to get the same amount to credit.
The "crediting" does not go on Part II (Adjustments) of Schedule 1. Instead, it is a 2nd (negative) entry on line 8 of Schedule 1*.
In TurboTax (TT), enter at:
- Federal Taxes tab
- Wages & Income
Scroll down to:
-Less Common Income
-Misc Income, 1099-A, 1099-C
- On the next screen, choose – Other reportable income - Enter the number with a minus sign (-) in front. Briefly explain at description.
But, you haven't said why you got this money. Telling you how to enter it, as offsetting amounts, doesn't necessarily mean that's how it SHOULD be entered.
* On 2018 and earlier forms, it went on line 21 of form 1040.
IT WAS A CLASS ACTION LAWSUIT CREATED BY PEOPLE WHO WHERE HIRES WITH A GUARNTEED HEALTH INSURANCE PROGREM THE EMPLOYEE WAS HIRED UNDER CONTRACT. IN 1990'S THE COMPANY CHANGED OVER TO ANOTHER PLAN AND IT DID NOT PROVIDE THE BENEFITS THE ORIGINAL PLAN DID. THEREFORE THE PEOPLE WHO WERE EFFECTED FILED A LAWSUITE AND WON. I RECIEVED 1000 FOR MY DECEASED HUSBAND WHO WORKED THERE AND ANOTHER 1000 AS A SURVIVOR. PROBLEM IS SOCIAL SECURITY HELD UP MY MONTHLY CHECKS THINKING I WAS WORKING A JOB AND NOT REPORTING IT. THE LAWSUITE ATTORNEY SAYS IT'S NON TAXABLE BC IT HAS TO DO WITH MEDICAL BENEFITS? THANKS