Bingo! The new 1099-K forms — just
one of a number of tax-form changes this year — caught a PayPal seller.
This young man, selling things from his home, did not think of himself as being
in business, but he just received a Form 1099-K. It doesn’t take into account
any of his charge-backs or refunds. This is exactly the kind of person they had
in mind when they created the 1099-Ks.
The 1099-Ks are one of many new forms aimed at helping the IRS collect more
money without raising taxes. This form is issued to eBay sellers and folks who
sell things and get paid by PayPal, Visa, MasterCard, American Express,
Discover, etc. To get caught by this form, you must have had over $20,000 in
sales or over 200 transactions. The casual eBay garage-sale-type seller
wouldn’t get one of these 1099-Ks.
For decades, the IRS made only minor changes to tax forms. Generally, they
simply reflected tax rates, limits or percentage changes effective that year.
But this year, there are important changes to the way you report information —
and additional information the IRS wants to see.
What other new forms or changes will be affecting you?
If you have other income that was not paid to you via credit cards or online
payment systems, be sure to report the rest of the income on the next line.
Remember, if you had refunds or charge-backs report those as returns and
A similar line has been added to business returns. However, according to Lynn
Freer, enrolled agent, of Spidell Publishing Inc., the IRS decided that
businesses will not be required to reconcile their gross receipts with merchant
card transactions reported on Form 1099-K on their 2012 or later returns.
Another line was added for statutory employees . They are a special category of
workers whose W-2s have the “statutory employees” box checked. These folks get
W-2s, but all their wage income and related expenses are reported on Schedule
C. Since the Social Security and Medicare withholding have already been taken
on the W-2, these Schedule C profits are not subject to self-employment taxes.
The changes to Schedule D are of major importance to investors. Schedule D is now
simply a summary of data coming from a brand new form, Form 8949
, “Sales and Other Dispositions of Capital Assets.”
This new form is designed to reconcile the information reported on the Form
1099-Bs. Read: Investors, prepare
for tax headache on cost basis.
The new 1099-Bs are required to include the basis of the securities that were
sold. Sometimes, they don’t include everything, or the basis is wrong.
Investors may have to file as many as six copies of Form 8949 with their tax
returns if they get many 1099s for sales of securities.
[Also see: Best Free Smartphones for Each Carrier]
There are three boxes at the top of the first page of the form, related to
short-term capital gains. Another three are on top of the second page, for
long-term capital gains. Since you may only check one box on the form, you must
use a separate Form 8949 for short- and long-term gains; for brokerage reports
with and without the basis reported; and for those reports that don’t quite fit
into either category. For instance, where some items sold show a basis and some
The good news is, there is now a way to report the sale of personal residences
again. The IRS eliminated the “sale of personal residence” form many years ago,
but still chased after people who didn’t report the sale. Now you can report
the sale on Form 8949 and use a code H to avoid paying tax on the sale.
Codes! Yes, this new form requires you to enter a variety of codes. You will
find a list of codes on page 10 of the Schedule D/Form 8949 instructions.
You may have noticed that the financial institutions sent out letters saying
that the 1099s will be late. They are hoping to only send out one version this
year. It will take a year or two before this reporting goes smoothly. For now,
prepare to be frustrated.
Schedule E is titled “Supplemental Income and Loss.” The IRS has added some new fields
requiring taxpayers to report the number of personal-use days and business-use
days for each mixed-use rental property. That’s going to be a lot of fun to
report, since most people never really keep track. The tax code has always
required the tracking. These new fields just put the data right up front.
Form 8938 is the Statement of Specified Foreign Financial Assets. You’re familiar with
all the hoopla over the unreported overseas bank accounts. IRS exerted such
powerful muscle these last few years that they have even been able to get
information from the Swiss banks. Taxpayers must already report any overseas
financial account with $10,000 or more to the U.S. Treasury each year on Form TD-F 90-22.1, or Report of Foreign Bank and Financial Accounts , known
as the FBAR. Failure to report the existence of these accounts can result in
penalties high enough to wipe out the accounts. Read: Watchdog chides IRS
on offshore amnesty program.
This new form goes beyond the FBAR requirements. The Form 8938 requires
American taxpayers in the U.S. and overseas to report their foreign assets,
including real estate, trusts and businesses. The penalty for not filing this
new form is $10,000. Read: Tax mines that could blow up your return.
Who is affected?
Taxpayers living in the U.S., American Samoa, Puerto Rico:
– Unmarried or married filing separately: Assets of $50,000 or more at year-end
and over $100,000 throughout the year.
– Married filing jointly: Assets of $100,000 or more at year-end and over
$200,000 throughout the year.
Bona fide residents abroad, or presence for 330 days in 12 months:
– Married filing jointly: Assets of $400,000 or more at year-end and over
$600,000 throughout the year.
– Not filing joint return: Assets of $200,000 or more at year-end and over
$400,000 throughout the year.
If no income tax return needs to be filed, no need to file Form 8938.
Form 2848 is a Power of Attorney form. This was revised in October 2011. Starting March
1, the IRS will no longer accept the old version of this form. (Forms 2848
already on file will remain valid.)
The new Form 2848 allows for one taxpayer per form. Married couples will now
have to sign separate power of attorney forms for their tax representatives.
Since these forms expire after about a year, it may be a good idea to get new
ones signed before your rep needs to contact the IRS again.
This year, filing will be a new and exciting adventure. It may take a while for
all the processes to sort themselves out. People will have to work a little
harder at keeping more detailed records, especially when it comes to sales of securities
or sales on eBay. More people will be paying taxes on their online businesses.
And folks owning securities will be scrambling to update their tax basis in
their securities accounts.
By Eva Rosenberg | MarketWatch – Fri, Feb 24, 2012 2:23 PM EST