Form 1099-K
New Law Lowers Filing Threshold –
What Does It Mean to
Your Clients?
Larry L Gray, CPA, CGMA
National Association of Tax Professionals
Rev 6/27/2023
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What We Will Cover
Overview
Know the law
1099-K roadmap
Form 1099-K scenarios
Overview
Form 1099-K, Payment Card and Third-Party Network Transactions
Reports payments and transactions from online platforms, apps or payment
c
ard processors
Personal transactions such as sending money to family and friends, not in
exchange for goods or services, should not be reported on Form 1099-K
Form 1099-K
Who, what, why, when and how
American Rescue Plan of 2021/IRS
New, reduced 1099-K reporting threshold
In 2023, >$1 trillion projected to transact via person-to-person (P2P) apps
Reduced reporting threshold delayed until 2023 tax year (2024 filing season)
IRS and real-world scenarios explained
What Is Impacted?
Third-party network transactions
Gig
economy players
U
ber
Lyft
DoorDash
Etc.
Platform
marketplaces
Facebook Marketplace
Amazon
eBay
Etc.
Person-to-person
(P2P) apps
PayPal
Venmo
Cash App
Etc.
What Is NOT Impacted By the Lower Threshold?
Payment card transactions
Credit & debit card
transactions
Visa
Mastercard
Amex
Discover
They are already
required to report
all amounts and
transactions
P2P Apps Have Seen Unprecedented Growth
64% of Americans use P2P
81% of 18 29-year-olds use P2P
It is projected that Zelle*, Venmo and Cash App will have 225 million users
by 2025
Consumer Reports, Jan. 24, 2023
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What Do We Tax Professionals Have To Do?
Communicate the law
Educate and train our clients
Verify if the 1099-K is correct
Report correctly on the tax return
Know the Law
The Law Report Your Income
There are no changes to what counts as income or how the tax is calculated
You must report all your income on your tax return, unless it’s excluded
by law
Personal Hobby Business Investment
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Know the Law 1099s
1099-K
Used to report payment card and third-party network transactions
1099-NEC
R
einstated in 2020 to report payments made to
independent contractors
1099-MIS
C
Used to report nonemployee earnings from income streams like
royalties, rent and prize winnings
Form 1099-K
Used to report all payment card transactions
Debit cards Credit cards Stored-value cards
Form 1099-K, Cont.
Used to report third-party payment network transactions
above the minimum reporting thresholds
2022
G
ross payments that
exceed $20,000, AND
More than 200
transactions
2023
Gross payments for
goods and services that
exceed $600, AND
Any number of
transactions
Roadmap
If Your Client Gets a 1099-K, Ask Questions
Personal?
Hobby?
Business?
Investment?
Transfer?
Shared account?
Documentation?
Fees Paid to Sell Personal Items Online
1099-K reports gross amounts of payment transactions
Not adjusted for
Fees
Refunds
Chargebacks
Other costs
Adjust your gain or loss on personal items
by your selling expenses.
Train Your Clients
Document, document and document
Documents must support personal, hobby, business or investment transactions.
Form 1099-K Scenarios
Received Form 1099-K in Error
If:
1099-K not yours or duplicate
Payee TIN incorrect
Gross amount incorrect
# of transactions incorrect
Merchant category code
(MCC) does not correctly
describe your business
Recourse:
Contact payment settlement
entity (PSE)
Name and number should be in
lower-left of form
Contact filer
Number shown in upper-left corner
of form
Retain all correspondence
Received Form 1099-K in Error
No recourse
1099-K Received in Error
800
Reimbursed a
friend $800 for
a concert ticket
he bought
1099-K Received in Error
800
Personal
Personal Items Sold at a Loss
Form 1040, Sch. 1
You receive $600 for selling your couch online.
Cost of couch was $1,000.
Two ways to report:
Personal Items Sold at a Loss
Form 1040, Sch. 1
600
1099-K Personal item sold at a loss
1099-K P
ersonal item sold at a loss
600
OR
Personal Item Sold at a Loss
Form 8949 and Sch. D
Okay to file here if there are other items to file on 8949 or Sch. D
Couch
10/01/20 02/14/22
$600
$1000
L $400
$0
Personal Item Sold at a Gain
Form 8949 and Sch. D
Sold couch for $1,200.
Okay to file here if there are other items to file on 8949 or Sch. D
Couch
10/01/20 02/14/22
$1200
$1000
$200
If No Receipt for Personal Items You Sold
If records lost, destroyed or not available due to circumstances beyond your
control, and you are audited
Examiners may allow you to present reconstructed records, or
Examiners may accept oral testimony
Mix of Personal Items Sold
Some at a gain and others at a loss
Your gains and losses are to be reported separately
and
Gains on the sale of personal assets cannot be offset by losses from the
sale of personal assets
Mix of Personal Items Sold – Example
Sold two sets of four tickets (bought for personal use) to two separate
sporting events for $1,000
Sold one set for $800
Sold the other set for $200
Purchased each set for $250 ($500 total)
Purchased two months prior to selling them
Sold One Set of Tickets for $800
X
Tickets
3/15/22
5/15/22
800 250
550
Sold Set Two for $200
1099-K Personal item sold at a loss
200
OR
1099-K Personal item sold at a loss
200
Sold One Set of Tickets for $800 & One Set for $200
X
Tickets
3/15/22
5/15/22
Tickets
3/15/22
5/15/22
200
250
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50
800
250
550
0
Hobby
Hobby Rules
Activity does not raise to the level of a trade or business
You only get COGS and no business expenses
Report on Schedule 1, Additional Income and Adjustments to Income
Business
Schedule C Trade or Business
Reconciling Information Reporting
Information reporting
1099-K
1099-NEC
1099-MISC
Method of payment
Check
Credit card
Venmo
ACH
Investment
Schedule D
Other Issues
Other Issues
Sharing your credit card terminal with another person or business
Bought or sold your business during the year
Cont .
Other Issues, Cont.
Change your business entity structure during the year
Business use: multi-s
ources of income
Take-A-Ways
Due diligence
What questions to ask your clients
Ignoring 1099-K = IRS notice
Your roadmap
Contact Information
Larry L Gray, CPA, CGMA
219 W. State Route 72
Rolla, MO 65401
573-364-1700
larry@agccpa.com
THANK YOU!