Taxpayers must report gig economy earnings when filing taxes

Whether it’s a full-time job or just a side hustle, taxpayers must report gig economy earnings on their tax return. Understanding how gig work can affect taxes may sound complicated but, it doesn’t have to be. The IRS offers several resources to help gig economy taxpayers properly fulfill their tax responsibilities.

Here are some things gig workers should keep in mind.

Gig work is taxable:

  • Earnings from gig economy work is taxable, regardless of whether an individual receives information returns. The reporting requirement for issuance of Form 1099-K changed for payments received in 2022 to totals exceeding $600, regardless of the total number of transactions. This means some gig workers will now receive an information return. This is true even if the work is full-time, part-time or if an individual is paid in cash.
  • Gig workers may also be required to make quarterly estimated income tax payments and pay their share of Social Security and Medicare taxes.

Check worker classification:

  • While providing gig economy services, it is important that the taxpayer is correctly classified.
  • This means the business, or the platform, must determine whether the individual providing the services is an employee or independent contractor.
  • Taxpayers can use the worker classification page on IRS.gov to see how they are classified.
  • Independent contractors may be able to deduct business expenses, depending on tax limits and rules. It is important for taxpayers to keep records of their business expenses.

Pay the right amount of taxes throughout the year:

Courtesy of the Internal Revenue Service
  • An employer typically withholds income taxes from their employees’ pay to help cover income taxes their employees owe.
  • Gig economy workers who are not considered employees have two ways to cover their income taxes:
    • Submit a new From W-4 to their employer to have more income taxes withheld from their paycheck, if they have another job as an employee.
    • Make quarterly estimated tax payments to help pay their income taxes throughout the year, including self-employment tax.

The Gig Economy Tax Center on IRS.gov answers questions and helps gig economy taxpayers understand their tax responsibilities.

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Attorney-Client Privilege Waived

In a criminal action, the erroneous exclusion of State’s evidence supports mandamus, because double jeopardy bars re-trial. The circuit court barred from evidence a recording of incriminating statements made during an attorney-client meeting. But, when defendant disclosed that recording to a third person, by delivery to a third person who stored it with a fourth person, defendant waived the privilege as to that communication. The State need not prove that defendant intended to waive the privilege, and there is no evidence that shows common intent with any recipient to prepare a joint defense. Supreme Court makes permanent its preliminary writ requiring circuit court to rescind its order of exclusion.

State ex rel. John Garrabrant, Prosecuting Attorney of Ozark County, Relator, vs. The Honorable Calvin Holden, Respondent.
(Overview Summary)
Supreme Court of Missouri – SC98875

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How small business owners can deduct their home office from their taxes

The home office deduction allows qualified taxpayers to deduct certain home expenses when they file taxes. To claim the home office deduction on their 2021 tax return, taxpayers generally must exclusively and regularly use part of their home or a separate structure on their property as their primary place of business.

Here are some details about this deduction to help taxpayers determine if they can claim it:

Courtesy of the Internal Revenue Service
  • Employees are not eligible to claim the home office deduction.  
  • The home office deduction, calculated on Form 8829, is available to both homeowners and renters.  
  • There are certain expenses taxpayers can deduct. These may include mortgage interest, insurance, utilities, repairs, maintenance, depreciation and rent.  
  • Taxpayers must meet specific requirements to claim home expenses as a deduction. Even then, the deductible amount of these types of expenses may be limited.  
  • The term “home” for purposes of this deduction:  
    • Includes a house, apartment, condominium, mobile home, boat or similar property.
    • Also includes structures on the property. These are places like an unattached garage, studio, barn or greenhouse.
    • Doesn’t include any part of the taxpayer’s property used exclusively as a hotel, motel, inn or similar business.
       
  • Generally, there are two basic requirements for the taxpayer’s home to qualify as a deduction:  
    • There generally must be exclusive use of a portion of the home for conducting business on a regular basis. For example, a taxpayer who uses an extra room to run their business can take a home office deduction only for that extra room so long as it is used both regularly and exclusively in the business.
    • The home must generally be the taxpayer’s principal place of business. A taxpayer can also meet this requirement if administrative or management activities are conducted at the home and there is no other location to perform these duties. Therefore, someone who conducts business outside of their home but also uses their home to conduct business may still qualify for a home office deduction.  
  • Expenses that relate to a separate structure not attached to the home may qualify for a home office deduction. They will qualify only if the structure is used exclusively and regularly for business.  
  • Taxpayers who qualify may choose one of two methods to calculate their home office expense deduction:  
    • The simplified option has a rate of $5 a square foot for business use of the home. The maximum size for this option is 300 square feet. The maximum deduction under this method is $1,500.
    • When using the regular method, deductions for a home office are based on the percentage of the home devoted to business use. Taxpayers who use a whole room or part of a room for conducting their business need to figure out the percentage of the home used for business activities to deduct indirect expenses. Direct expenses are deducted in full.

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Get ready for taxes: Here’s what’s new and what to consider when filing in 2022

The IRS encourages taxpayers to get informed about topics related to filing their federal tax returns in 2022. These topics include special steps related to charitable contributions, economic impact payments and advance child tax credit payments. Taxpayers can visit IRS.gov/getready for online tools, publications and other helpful resources for the filing season.

Here are some key items for taxpayers to know before they file next year.

Changes to the charitable contribution deduction

Taxpayers who don’t itemize deductions may qualify to take a deduction of up to $600 for married taxpayers filing joint returns and up to $300 for all other filers for cash contributions made in 2021 to qualifying organizations.

Check on advance child tax credit payments

Families who received advance payments will need to compare the advance child tax credit payments that they received in 2021 with the amount of the child tax credit that they can properly claim on their 2021 tax return.

  • Taxpayers who received less than the amount for which they’re eligible will claim a credit for the remaining amount of child tax credit on their 2021 tax return.
  • Eligible families who did not get monthly advance payments in 2021 can still get a lump-sum payment by claiming the child tax credit when they file a 2021 federal income tax return next year. This includes families who don’t normally need to file a return.

In January 2022, the IRS will send Letter 6419 with the total amount of advance child tax credit payments taxpayers received in 2021. People should keep this and any other IRS letters about advance child tax credit payments with their tax records. Individuals can also create or log in to IRS.gov online account to securely access their child tax credit payment amounts.

Economic impact payments and claiming the recovery rebate credit

Individuals who didn’t qualify for the third economic impact payment or did not receive the full amount may be eligible for the recovery rebate credit based on their 2021 tax information. They’ll need to file a 2021 tax return, even if they don’t usually file, to claim the credit.

Individuals will need the amount of their third economic impact payment and any plus-up payments received to calculate their correct 2021 recovery rebate credit amount when they file their tax return.

Courtesy of the Internal Revenue Service

In early 2022, the IRS will send Letter 6475 that contains the total amount of the third economic impact payment and any plus-up payments received. People should keep this and any other IRS letters about their stimulus payments with other tax records. Individuals can also create or log in to IRS.gov online account to securely access their economic impact payment amounts.

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Covid-19 Relief Fraud Potentially Totals $100 Billion, Secret Service Says

The U.S. Secret Service said that nearly $100 billion has potentially been stolen from COVID-19 relief programs designed to help individuals and businesses harmed by the pandemic. The funds have “attracted the attention of individuals and organized criminal networks” world-wide, the agency said in a news release, though its estimate of stolen benefits represents just a fraction of the trillions of dollars in government relief provided since last year. The Secret Service said that it would work closely with a variety of federal agencies — including the Labor Department and Small Business Administration, which have key roles tracking and administering relief funds — to investigate and recover fraudulently disbursed funds. The bulk of the potentially misused funds are believed to have stemmed from fraud tied to unemployment insurance.

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Self-Defense Instruction Was Due

An instruction is due on request when substantial evidence supports it even where there is contrary evidence. Statutes allowed appellant to use deadly force if appellant “reasonably believe[d] that such deadly force [was] necessary to protect himself … against … any forcible felony[.]” An instruction that allowed self-defense for burglary, but not arson, deprived the jury of ruling on self-defense on the record in the light most favorable to the requested instruction. “It is all well and good to analyze the evidence on a moment by moment basis and claim the ability to parse these two individuals’ purposes and beliefs across each indivisible instant of time. Reality, however, is much different.”

State of Missouri, Respondent, vs. Samuel Jerry Whitaker, Appellant.       
(Overview Summary)       
Supreme Court of Missouri – SC98856

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Orlando sisters sentenced in $25 million tax fraud scheme

Petra Gomez and her co-conspirator, her sister, Jakeline Lumucso, were sentenced to eight and four years in federal prison, respectively. They operated a tax preparation business with five locations in central Florida that filed more than 16,000 false tax returns for clients from 2012 to 2016 with a total estimated loss to the IRS of $25 million.

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Lee’s Summit Man Pleads Guilty to Arson, Insurance Fraud Conspiracy

A Lee’s Summit, Missouri, man has pleaded guilty in federal court to leading an arson and insurance fraud conspiracy and to illegally possessing firearms. Wandale J. Fulton, 40, pleaded guilty on Thursday, Jan. 27, to one count of conspiracy to use fire in the commission of wire and mail fraud, one count of arson in the commission of a federal felony, and one count of conspiracy to commit bank fraud. Fulton also pleaded guilty to the charge contained in a separate federal indictment, one count of being a felon in possession of firearms.

By pleading guilty, Fulton admitted that he participated in an arson and insurance fraud conspiracy from 2013 through 2019. Fulton and co-conspirators bought houses in Kansas City, Mo., insured them, had them burned or vandalized, and then filed insurance claims on the houses. The conspirators made false claims on insurance applications, such as claiming the houses were rented or occupied, that there were valuable contents in the houses, and that the houses had been renovated. After obtaining insurance, a co-conspirator would set fire to the house. The homeowner would then claim a total loss with the insurance company.

Additionally, Fulton admitted that he and his co-conspirators submitted fraudulent loan applications to Heartland Community Credit Union. They presented fraudulent bills of sale for automobiles to Heartland to obtain loans for purchasing cars. The plea agreement cites four fraudulent automobile loans obtained by Fulton and his associates from the credit union, ranging from $18,300 to $25,000. In each of those instances, Heartland issued a check to the loan applicant and the checks were delivered directly to Fulton, who deposited them into his own bank account.

ATF agents executed a search warrant at Fulton’s residence in March of 2019 where they found several firearms including a Taurus .40-caliber semi-automatic handgun, and Anderson Manufacturing AM-15 semi-automatic firearm, as well as a Taurus 9mm pistol.

Fulton has a prior felony conviction for manslaughter, which means that under federal law, Fulton’s possession of any firearm is illegal.

Four of Fulton’s co-conspirators have also pleaded guilty and await sentencing. Fulton is subject to a sentence of up to 20 years in federal prison without parole, plus a mandatory consecutive sentence of 10 years in federal prison. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

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DC Solar owner sentenced to 30 years in prison for billion dollar Ponzi scheme

Jeff Carpoff, the owner of California-based DC Solar, was sentenced to 30 years in federal prison and forfeited $120 million in assets to the U.S. government for victim restitution after creating a Ponzi-scheme that involved the sale of thousands of manufactured mobile solar generator units (MSGs) that didn’t exist. He committed account and lease revenue fraud and purchased a sports team, luxury vehicles, real estate and a NASCAR team with the proceeds.

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Capital One Settles a Class-Action Lawsuit for $190 Million in a 2019 Hacking

Capital One has agreed to pay $190 million to settle a class-action lawsuit filed by customers of the bank after a hacker stole the personal data of more than 100 million people in 2019. The settlement would cover 98 million customers who were affected by the breach, which was one of the largest data thefts from a bank. Amazon Web Services, Capital One’s cloud services provider, denied liability but the case is being settled “in the interest of avoiding the time, expense and uncertainty of continued litigation,” according to a filing this week in federal court in the Eastern District of Virginia. The hacker, Paige Thompson, left an online trail for investigators to follow as she boasted about the breach, according to court documents in Seattle at the time. She was arrested and charged with one count of computer fraud and abuse. Capital One has set aside funds for the settlement and is investing in its cybersecurity program under new leadership, it said in a statement. 

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