There are
ways in which hobby (or sporadic) income and expenses/deductions are treated
differently than those of a business and there are ways in which they are
treated the same. It's important to know these differences because the US Internal
Revenue Service (IRS) and state revenue agencies do.
First,
all income from a hobby (or sporadic activity) or a business is subject to
taxation. BUT, as indicated before just how much and how it is taxed will vary
between the two tax structures.
Second,
all expenses/deductions used in a hobby or business MUST be reasonable and
necessary, but how they are treated in the calculation for taxable income --
and even some of the forms used -- is different.
Let’s
look at an example:
Ima Writer
not only earned money writing a newsletter for her friend's business but she
also received a Form 1099-MISC. In a panic, she called her friend because she
had never seen one of these forms before and wanted to know what it meant.
Also, she hadn't realized that she had made as much money as the document
indicated because she really didn’t keep track of the income she received.
Her friend
calmed her down and advised her to talk with a tax professional. Ima Writer
said that she didn't know how to even begin to choose one of those since her
return had always been so easy to do in the past. Her friend gave her the name
of her own accountant and advised Ima Writer to contact her.
The
accountant explained that a 1099-MISC form was issued for a variety of reasons
to include reporting to the IRS money tendered to independent contractors such
as herself, and that these documents were required when the total amount of
money tendered/received at one time, or over a given tax year, was $600 or
more.
Perplexed,
Ima Writer queried as to what an independent contractor was and the accountant
explained that this is someone who provides a service to someone else or to a
business, and who is not an employee of that person or business. (More
discussion on the difference between an employee and an independent contractor
will be presented in a future Blog.)
It was
clear that Ima Writer had much to learn about the impact of receiving money for
helping her friend and the resulting effect on her federal and state income tax
returns. Even though she felt she had
earned very little money over the year, she knew she needed to take this
situation very seriously. Armed with the advice of the accountant, Ima Writer
set out to have a better understanding of just what she had gotten herself
into. So, she accessed the IRS website (www.IRS.gov) and downloaded the following publications, forms and
instructions for tax year 2013 per the accountant's advice:
Publication
17 - Your Federal Income Tax
Form 1040
Form 1040
Instructions
Schedule
A (Form 1040)
Schedule
A Instructions (Form 1040)
Form
1099-MISC
Form
1099-MISC Instructions
After
reading the materials listed above, it was clear to Ima Writer that she would
have to include the amount of income indicated on line 3 of Form 1099-Misc on
her federal tax return. For tax year 2012
if Ima Writer were considered a hobbyist and not a business then the income
reflected on line 3 of Form 1099-Misc would be included on line 21 of Form 1040 as
Other Income. Ima Writer will have to
confirm that the 2013 version of Form 1040 has Other Income on line 21 as well since tax forms are subject to change each year based on laws passed by
Congress.
It is important
to note at this time that due to receiving Form 1099-Misc, Ima Writer must now
use the federal Form 1040 and is no longer eligible for Form 1040A or Form 1040EZ
as she has been in the past. The good news is that with the tax preparation software
today it is fairly easy and straight forward to have the income correctly
listed on one’s federal and state income tax returns.
Ima
Writer believes that she is indeed a hobbyist because she never intended to
make a profit and she is not actively seeking to earn money from her writing
endeavors. Her friend came to her and
basically asked Ima Writer to help out with her business but insisted on paying
her for the work that she provided. In
the end, Ima Writer’s friend was so pleased with her work that she asked her to
produce not only the newsletter but a few brochures as well. Still, Ima Writer only accepted the work when
she had time and didn’t treat it as a business.
Ultimately,
Ima Writer earned $750 from her writing which is reflected on line 3 of Form 1099-Misc
that her friend’s accountant provided.
The $750 is the amount of other income that is then included on line 21
of the federal Form 1040. To appreciate
the impact that this amount of money could have on someone’s federal income tax
return you need to understand that this amount affects what is known as the Adjusted
Gross Income (AGI) of an individual’s federal tax return and the AGI affects
thresholds for tax credits, brackets and so much more. Additionally, income received on Form
1099-Misc typically does not have any corresponding withholdings sent to the IRS
or state revenue department to offset any income tax owed.
We will
continue this discussion next week by looking at Ima Writer’s 2012 tax profile
and demonstrate how earning $750 as an independent contract impacts that
return. At this time we have to use the
2012 forms and rules because the rules for 2013 have not yet been fully
released.
Dear
Writer – if you haven’t done so already, you too should download the
publications, forms and schedules mentioned above, and keep that calculator handy
because we're going to keep looking at the numbers just so you can see where
the money flows on Ima Hobbyist's federal tax return. We'll also see just how
much of her hobby income is taxed and how it affects the rest of her federal
tax return calculations.
This is a very thought provoking article. I am glad to see this topic being covered. I really enjoy reading these types of articles they help to keep me in the loop.
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