• Casual eBay Sellers and new 1099-K Policy

    From Rick@21:1/5 to All on Sat Oct 16 19:29:02 2021
    Casual eBay sellers are up in arms over the new rule for 2022 that requires 1099-K for sellers with $600 or more in sales with no minimum transaction count. It's not a problem for high-volume sellers who already deal with
    this, and it also won't affect the low-volume seller who might only sell a
    few items per year.

    But what is the best strategy for the casual mid-range seller who treats
    eBay as an online garage sale and sells extra and unneeded items from around the house for more than $600 per year. It's not a business for these kind
    of sellers, and they probably sell most things for less than what they originally paid. So in their minds they are making money by selling stuff
    they no longer need, but in the strict accounting sense, they are really
    taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the
    original purchase price for the items sold is $2500. Assume that like many taxpayers today, the seller takes the standard deduction because they don't really have enough deductions to make itemizing worthwhile. What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in the tax law.

    2) Don't report any of it and assume the IRS won't worry about such a small amount. In the event an audit happens, explain to the auditor that it was
    for items that had a cost that exceeded the 1099-K amount.

    3) Pretend it's an actual business and fill out a Schedule C reporting
    sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for relatively small amounts option 2 might be optimal.

    --
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  • From ira smilovitz@21:1/5 to Rick on Sun Oct 17 01:01:14 2021
    On Saturday, October 16, 2021 at 7:31:29 PM UTC-4, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that requires 1099-K for sellers with $600 or more in sales with no minimum transaction count. It's not a problem for high-volume sellers who already deal with
    this, and it also won't affect the low-volume seller who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who treats
    eBay as an online garage sale and sells extra and unneeded items from around the house for more than $600 per year. It's not a business for these kind
    of sellers, and they probably sell most things for less than what they originally paid. So in their minds they are making money by selling stuff they no longer need, but in the strict accounting sense, they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the original purchase price for the items sold is $2500. Assume that like many taxpayers today, the seller takes the standard deduction because they don't really have enough deductions to make itemizing worthwhile. What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in the tax law.

    2) Don't report any of it and assume the IRS won't worry about such a small amount. In the event an audit happens, explain to the auditor that it was
    for items that had a cost that exceeded the 1099-K amount.

    3) Pretend it's an actual business and fill out a Schedule C reporting
    sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for relatively small amounts option 2 might be optimal.

    --

    Receipt of a 1099-K does not mean that there is income to report. It only documents that there were financial transactions. The casual seller on ebay doesn't have any reportable income (or loss) to report. Technically, their sales were at a loss since
    the used goods were sold for less than their original purchase price, but losses on the sale of personal property cannot be claimed. If they wanted to try to claim the losses, they would have to be able to prove that they had a profit motive. Your option
    2 is the correct choice.

    FWIW, the IRS has major problems trying to reconcile current 1099-Ks ($20K volume and/or 200 transactions) with reported sales for actual businesses since 1099-Ks include sales tax, tips, and other non-income amounts.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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  • From MZB@21:1/5 to Rick on Sun Oct 17 01:34:52 2021
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that
    requires 1099-K for sellers with $600 or more in sales with no minimum transaction count.  It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller
    who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who treats
    eBay as an online garage sale and sells extra and unneeded items from
    around the house for more than $600 per year.  It's not a business for
    these kind of sellers, and they probably sell most things for less than
    what they originally paid.  So in their minds they are making money by selling stuff they no longer need, but in the strict accounting sense,
    they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the original purchase price for the items sold is $2500.  Assume that like
    many taxpayers today, the seller takes the standard deduction because
    they don't really have enough deductions to make itemizing worthwhile.
    What is their best tax strategy?

    1)  Just report the $1500 as income and chalk it up to inequities in the
    tax law.

    2)  Don't report any of it and assume the IRS won't worry about such a
    small amount.  In the event an audit happens, explain to the auditor
    that it was for items that had a cost that exceeded the 1099-K amount.

    3)  Pretend it's an actual business and fill out a Schedule C reporting sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing?  Personally, I think for
    relatively small amounts option 2 might be optimal.

    I have the same question: slightly different context but really the same script. I do some recreational sports betting and poker playing, all
    online. I transfer money from these accounts to PayPal. It may be $1000
    more or less. That will generate a 1099=K, but I really don't make any
    money. So, how to handle this?

    Mel

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From ira smilovitz@21:1/5 to MZB on Sun Oct 17 09:39:18 2021
    On Sunday, October 17, 2021 at 1:36:51 AM UTC-4, MZB wrote:
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that
    requires 1099-K for sellers with $600 or more in sales with no minimum transaction count. It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller
    who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who treats eBay as an online garage sale and sells extra and unneeded items from around the house for more than $600 per year. It's not a business for these kind of sellers, and they probably sell most things for less than what they originally paid. So in their minds they are making money by selling stuff they no longer need, but in the strict accounting sense,
    they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the original purchase price for the items sold is $2500. Assume that like
    many taxpayers today, the seller takes the standard deduction because
    they don't really have enough deductions to make itemizing worthwhile.
    What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in the tax law.

    2) Don't report any of it and assume the IRS won't worry about such a small amount. In the event an audit happens, explain to the auditor
    that it was for items that had a cost that exceeded the 1099-K amount.

    3) Pretend it's an actual business and fill out a Schedule C reporting sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for
    relatively small amounts option 2 might be optimal.
    I have the same question: slightly different context but really the same script. I do some recreational sports betting and poker playing, all
    online. I transfer money from these accounts to PayPal. It may be $1000
    more or less. That will generate a 1099=K, but I really don't make any
    money. So, how to handle this?

    Mel
    --

    Gambling winnings are reportable income. Gambling losses are deductible as other itemized deductions, but only if you itemize deductions and only up to the amount of your winnings. You can't net your winnings and losses, but must report winning and
    losses separately. This has been true whether or not you receive a W-2G or 1099-K or any other tax reporting document. You can find more information in IRS Pub. 529, Miscellaneous Deductions, www.irs.gov/pub/irs-pdf/p529.pdf. Although not mentioned in
    the IRS Pub, you may be able to reduce your reportable earnings by using the "session method" of tracking your gambling activiity. This is clearly allowed for slot machine play (IRS Notice 2015-21), but less clear for other forms of gambling.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Rick@21:1/5 to All on Sun Oct 17 13:37:04 2021
    "ira smilovitz" wrote in message news:9b66dc5c-aacf-4367-8e88-94793184d91an@googlegroups.com...

    On Sunday, October 17, 2021 at 1:36:51 AM UTC-4, MZB wrote:
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that
    requires 1099-K for sellers with $600 or more in sales with no minimum
    transaction count. It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller
    who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who
    treats
    eBay as an online garage sale and sells extra and unneeded items from
    around the house for more than $600 per year. It's not a business for
    these kind of sellers, and they probably sell most things for less than
    what they originally paid. So in their minds they are making money by
    selling stuff they no longer need, but in the strict accounting sense,
    they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the
    original purchase price for the items sold is $2500. Assume that like
    many taxpayers today, the seller takes the standard deduction because
    they don't really have enough deductions to make itemizing worthwhile.
    What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in
    the
    tax law.

    2) Don't report any of it and assume the IRS won't worry about such a
    small amount. In the event an audit happens, explain to the auditor
    that it was for items that had a cost that exceeded the 1099-K amount.

    3) Pretend it's an actual business and fill out a Schedule C reporting
    sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for
    relatively small amounts option 2 might be optimal.
    I have the same question: slightly different context but really the same
    script. I do some recreational sports betting and poker playing, all
    online. I transfer money from these accounts to PayPal. It may be $1000
    more or less. That will generate a 1099=K, but I really don't make any
    money. So, how to handle this?

    Mel
    --

    Gambling winnings are reportable income. Gambling losses are deductible as >other itemized deductions, but only if you itemize deductions and only up
    to the amount of your winnings. You can't net your winnings and losses, but >must report winning and losses separately. This has been true whether or
    not you receive a W-2G or 1099-K or any other tax reporting document. You
    can find more information in IRS Pub. 529, Miscellaneous Deductions, >www.irs.gov/pub/irs-pdf/p529.pdf. Although not mentioned in the IRS Pub,
    you may be able to reduce your reportable earnings by using the "session >method" of tracking your gambling activiity. This is clearly allowed for
    slot machine play (IRS Notice 2015-21), but less clear for other forms of >gambling.

    Ira Smilovitz, EA
    Leonia, NJ


    The big problem with reporting gambling losses up the amount of winnings is that so many people are now taking the standard deduction rather than itemizing. Typical scenario is a person gets lucky and wins $1000 on a scratch-off but spent $5000 during the year on losing tickets. They
    receive a W2-G so they have to report the $1000 but have no way of reporting the $5000 in losses. It's one of the unintended consequences of the high standard deductible. Another is that charitable contributions dropped quite
    a bit with the new rule because people stopped itemizing and could no longer deduct much for charity. They've since allowed for up to $300 per person in charity deductions over and beyond the standard deduction, but I don't think they've made similar exceptions for other deductions.


    --

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Alan@21:1/5 to Rick on Sun Oct 17 19:12:35 2021
    On 10/17/21 10:37 AM, Rick wrote:
    {SNIP}
    Another is that charitable
    contributions dropped quite a bit with the new rule because people
    stopped itemizing and could no longer deduct much for charity.

    According to the following article, charitable contributions went up
    after TCJA, not down!

    https://taxfoundation.org/tax-cuts-jobs-act-affect-charitable-giving/

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From ira smilovitz@21:1/5 to Rick on Sun Oct 17 19:14:39 2021
    On Sunday, October 17, 2021 at 1:37:40 PM UTC-4, Rick wrote:
    "ira smilovitz" wrote in message news:9b66dc5c-aacf-4367...@googlegroups.com...

    On Sunday, October 17, 2021 at 1:36:51 AM UTC-4, MZB wrote:
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that
    requires 1099-K for sellers with $600 or more in sales with no minimum >> > transaction count. It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller >> > who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who
    treats
    eBay as an online garage sale and sells extra and unneeded items from
    around the house for more than $600 per year. It's not a business for
    these kind of sellers, and they probably sell most things for less than >> > what they originally paid. So in their minds they are making money by
    selling stuff they no longer need, but in the strict accounting sense, >> > they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the
    original purchase price for the items sold is $2500. Assume that like
    many taxpayers today, the seller takes the standard deduction because
    they don't really have enough deductions to make itemizing worthwhile. >> > What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in
    the
    tax law.

    2) Don't report any of it and assume the IRS won't worry about such a
    small amount. In the event an audit happens, explain to the auditor
    that it was for items that had a cost that exceeded the 1099-K amount. >> >
    3) Pretend it's an actual business and fill out a Schedule C reporting >> > sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for
    relatively small amounts option 2 might be optimal.
    I have the same question: slightly different context but really the same >> script. I do some recreational sports betting and poker playing, all
    online. I transfer money from these accounts to PayPal. It may be $1000
    more or less. That will generate a 1099=K, but I really don't make any
    money. So, how to handle this?

    Mel
    --

    Gambling winnings are reportable income. Gambling losses are deductible as >other itemized deductions, but only if you itemize deductions and only up >to the amount of your winnings. You can't net your winnings and losses, but >must report winning and losses separately. This has been true whether or >not you receive a W-2G or 1099-K or any other tax reporting document. You >can find more information in IRS Pub. 529, Miscellaneous Deductions, >www.irs.gov/pub/irs-pdf/p529.pdf. Although not mentioned in the IRS Pub, >you may be able to reduce your reportable earnings by using the "session >method" of tracking your gambling activiity. This is clearly allowed for >slot machine play (IRS Notice 2015-21), but less clear for other forms of >gambling.

    Ira Smilovitz, EA
    Leonia, NJ

    The big problem with reporting gambling losses up the amount of winnings is that so many people are now taking the standard deduction rather than itemizing. Typical scenario is a person gets lucky and wins $1000 on a scratch-off but spent $5000 during the year on losing tickets. They
    receive a W2-G so they have to report the $1000 but have no way of reporting the $5000 in losses. It's one of the unintended consequences of the high standard deductible. Another is that charitable contributions dropped quite
    a bit with the new rule because people stopped itemizing and could no longer deduct much for charity. They've since allowed for up to $300 per person in charity deductions over and beyond the standard deduction, but I don't think they've made similar exceptions for other deductions.


    --

    I never said the tax code was fair. It is what Congress intended it to be.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From MZB@21:1/5 to ira smilovitz on Tue Oct 19 01:05:00 2021
    On 10/17/2021 7:14 PM, ira smilovitz wrote:
    On Sunday, October 17, 2021 at 1:37:40 PM UTC-4, Rick wrote:
    "ira smilovitz" wrote in message
    news:9b66dc5c-aacf-4367...@googlegroups.com...

    On Sunday, October 17, 2021 at 1:36:51 AM UTC-4, MZB wrote:
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that
    requires 1099-K for sellers with $600 or more in sales with no minimum >>>>> transaction count. It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller >>>>> who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who
    treats
    eBay as an online garage sale and sells extra and unneeded items from >>>>> around the house for more than $600 per year. It's not a business for >>>>> these kind of sellers, and they probably sell most things for less than >>>>> what they originally paid. So in their minds they are making money by >>>>> selling stuff they no longer need, but in the strict accounting sense, >>>>> they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the >>>>> original purchase price for the items sold is $2500. Assume that like >>>>> many taxpayers today, the seller takes the standard deduction because >>>>> they don't really have enough deductions to make itemizing worthwhile. >>>>> What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in
    the
    tax law.

    2) Don't report any of it and assume the IRS won't worry about such a >>>>> small amount. In the event an audit happens, explain to the auditor
    that it was for items that had a cost that exceeded the 1099-K amount. >>>>>
    3) Pretend it's an actual business and fill out a Schedule C reporting >>>>> sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for
    relatively small amounts option 2 might be optimal.
    I have the same question: slightly different context but really the same >>>> script. I do some recreational sports betting and poker playing, all
    online. I transfer money from these accounts to PayPal. It may be $1000 >>>> more or less. That will generate a 1099=K, but I really don't make any >>>> money. So, how to handle this?

    Mel
    --

    Gambling winnings are reportable income. Gambling losses are deductible as >>> other itemized deductions, but only if you itemize deductions and only up >>> to the amount of your winnings. You can't net your winnings and losses, but >>> must report winning and losses separately. This has been true whether or >>> not you receive a W-2G or 1099-K or any other tax reporting document. You >>> can find more information in IRS Pub. 529, Miscellaneous Deductions,
    www.irs.gov/pub/irs-pdf/p529.pdf. Although not mentioned in the IRS Pub, >>> you may be able to reduce your reportable earnings by using the "session >>> method" of tracking your gambling activiity. This is clearly allowed for >>> slot machine play (IRS Notice 2015-21), but less clear for other forms of >>> gambling.

    Ira Smilovitz, EA
    Leonia, NJ

    The big problem with reporting gambling losses up the amount of winnings is >> that so many people are now taking the standard deduction rather than
    itemizing. Typical scenario is a person gets lucky and wins $1000 on a
    scratch-off but spent $5000 during the year on losing tickets. They
    receive a W2-G so they have to report the $1000 but have no way of reporting >> the $5000 in losses. It's one of the unintended consequences of the high
    standard deductible. Another is that charitable contributions dropped quite >> a bit with the new rule because people stopped itemizing and could no longer >> deduct much for charity. They've since allowed for up to $300 per person in >> charity deductions over and beyond the standard deduction, but I don't think >> they've made similar exceptions for other deductions.


    --

    I never said the tax code was fair. It is what Congress intended it to be.

    Ira Smilovitz, EA
    Leonia, NJ

    This is weird. I am in the category of taking the standard deduction.
    Now suppose I play poker and bet sports online, say 1-2 times a week.
    Suppose I win $1000 and lose $500.No W-2g forms involved, Just bits and
    pieces. Are you saying technically I would have to report $1000 as
    income? Wow. That's crazy. But I guess it's true.

    Mel

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From ira smilovitz@21:1/5 to MZB on Tue Oct 19 03:38:43 2021
    On Tuesday, October 19, 2021 at 1:09:48 AM UTC-4, MZB wrote:
    On 10/17/2021 7:14 PM, ira smilovitz wrote:
    On Sunday, October 17, 2021 at 1:37:40 PM UTC-4, Rick wrote:
    "ira smilovitz" wrote in message
    news:9b66dc5c-aacf-4367...@googlegroups.com...

    On Sunday, October 17, 2021 at 1:36:51 AM UTC-4, MZB wrote:
    On 10/16/2021 7:29 PM, Rick wrote:
    Casual eBay sellers are up in arms over the new rule for 2022 that >>>>> requires 1099-K for sellers with $600 or more in sales with no minimum >>>>> transaction count. It's not a problem for high-volume sellers who
    already deal with this, and it also won't affect the low-volume seller >>>>> who might only sell a few items per year.

    But what is the best strategy for the casual mid-range seller who
    treats
    eBay as an online garage sale and sells extra and unneeded items from >>>>> around the house for more than $600 per year. It's not a business for >>>>> these kind of sellers, and they probably sell most things for less than >>>>> what they originally paid. So in their minds they are making money by >>>>> selling stuff they no longer need, but in the strict accounting sense, >>>>> they are really taking a loss.

    Let's assume a taxpayer has eBay sales for the year of $1500, but the >>>>> original purchase price for the items sold is $2500. Assume that like >>>>> many taxpayers today, the seller takes the standard deduction because >>>>> they don't really have enough deductions to make itemizing worthwhile. >>>>> What is their best tax strategy?

    1) Just report the $1500 as income and chalk it up to inequities in >>>>> the
    tax law.

    2) Don't report any of it and assume the IRS won't worry about such a >>>>> small amount. In the event an audit happens, explain to the auditor >>>>> that it was for items that had a cost that exceeded the 1099-K amount. >>>>>
    3) Pretend it's an actual business and fill out a Schedule C reporting >>>>> sales and expenses, which in this case would show a net loss.

    Is there another strategy I'm missing? Personally, I think for
    relatively small amounts option 2 might be optimal.
    I have the same question: slightly different context but really the same >>>> script. I do some recreational sports betting and poker playing, all >>>> online. I transfer money from these accounts to PayPal. It may be $1000 >>>> more or less. That will generate a 1099=K, but I really don't make any >>>> money. So, how to handle this?

    Mel
    --

    Gambling winnings are reportable income. Gambling losses are deductible as
    other itemized deductions, but only if you itemize deductions and only up >>> to the amount of your winnings. You can't net your winnings and losses, but
    must report winning and losses separately. This has been true whether or >>> not you receive a W-2G or 1099-K or any other tax reporting document. You >>> can find more information in IRS Pub. 529, Miscellaneous Deductions,
    www.irs.gov/pub/irs-pdf/p529.pdf. Although not mentioned in the IRS Pub, >>> you may be able to reduce your reportable earnings by using the "session >>> method" of tracking your gambling activiity. This is clearly allowed for >>> slot machine play (IRS Notice 2015-21), but less clear for other forms of >>> gambling.

    Ira Smilovitz, EA
    Leonia, NJ

    The big problem with reporting gambling losses up the amount of winnings is
    that so many people are now taking the standard deduction rather than
    itemizing. Typical scenario is a person gets lucky and wins $1000 on a
    scratch-off but spent $5000 during the year on losing tickets. They
    receive a W2-G so they have to report the $1000 but have no way of reporting
    the $5000 in losses. It's one of the unintended consequences of the high >> standard deductible. Another is that charitable contributions dropped quite
    a bit with the new rule because people stopped itemizing and could no longer
    deduct much for charity. They've since allowed for up to $300 per person in
    charity deductions over and beyond the standard deduction, but I don't think
    they've made similar exceptions for other deductions.


    --

    I never said the tax code was fair. It is what Congress intended it to be.

    Ira Smilovitz, EA
    Leonia, NJ

    This is weird. I am in the category of taking the standard deduction.
    Now suppose I play poker and bet sports online, say 1-2 times a week.
    Suppose I win $1000 and lose $500.No W-2g forms involved, Just bits and pieces. Are you saying technically I would have to report $1000 as
    income? Wow. That's crazy. But I guess it's true.

    Mel
    --

    That's exactly true. You would report $1000 of income with no deductions.

    Ira Smilovitz, EA
    Leonia, NJ

    --
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  • From Stuart O. Bronstein@21:1/5 to ira smilovitz on Tue Oct 19 10:28:04 2021
    ira smilovitz <ira.smilovitz@gmail.com> wrote:

    This is weird. I am in the category of taking the standard
    deduction. Now suppose I play poker and bet sports online, say
    1-2 times a week. Suppose I win $1000 and lose $500.No W-2g forms
    involved, Just bits and pieces. Are you saying technically I
    would have to report $1000 as income? Wow. That's crazy. But I
    guess it's true.

    That's exactly true. You would report $1000 of income with no
    deductions.

    In the case of a professional gambler, you can deduct wagering losses
    up to the amount of winnings, but not more. You can, though, deduct
    other business expenses such as travel and lodging, when necessary.

    https://www.irs.gov/pub/irs-utl/am2008013.pdf

    --
    Stu
    http://DownToEarthLawyer.com

    --
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    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
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