Page 192 - Individual Forms & Instructions Guide
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            5. You materially participated in the   that may reduce the loss, if any, that you   sources.  You  may  receive  one  or  more
         activity  for  any  5  of  the  prior  10  tax   may  enter  on  Schedule  C,  line  31.  For   Forms  1099  from  people  who  are  re-
         years.                               details, see Pub. 925.              quired to provide information to the IRS
            6. The activity is a personal service                                 listing amounts that may be income you
         activity in which you materially partici-  Line H                        received as a result of your trade or busi-
         pated  for  any  3  prior  tax  years.  A  per-  If  you  started  or  acquired  this  business   ness activities. The following is a list of
         sonal service activity is an activity that   in 2022, check the box on line H. Also,   some of the common Forms 1099.
         involves performing personal services in   check the box if you are reopening or re-  • 1099-MISC. For more information
         the field of health, law, engineering, ar-  starting  this  business  after  temporarily   about  what  is  being  reported  on  Form
         chitecture, accounting, actuarial science,   closing  it,  and  you  did  not  file  a  2021   1099-MISC, see the Instructions for Re-
         performing  arts,  or  consulting,  or  any   Schedule C for this business.  cipient included on that form.
         other trade or business in which capital                                    • 1099-NEC.  For  more  information
         is not a material income-producing fac-  Line I                          about  what  is  being  reported  on  Form
         tor.                                                                     1099-NEC, see the Instructions for Re-
                                              If  you  made  any  payment  in  2022  that   cipient included on that form.
            7. Based on all the facts and circum-
                                                                                     • 1099-K.  For  more  information
         stances,  you  participated  in  the  activity   would  require  you  to  file  any  Forms   about  what  is  being  reported  on  Form
         on a regular, continuous, and substantial   1099,  check  the  “Yes”  box.  Otherwise,   1099-K,  see  the  Instructions  for  Payee
         basis for more than 100 hours during the   check the “No” box.           included on that form and go to IRS.gov/
         tax year.Your participation in managing   You may have to file information re-  Gig.
         the activity does not count in determin-  turns for wages paid to employees, cer-
         ing  if  you  meet  this  test  if  any  person   tain payments of fees and other nonem-  Income  you  report  on  Sched-
         (except you) (a) received compensation   ployee  compensation,  interest,  rents,   TIP  ule C may be qualified business
         for  performing  management  services  in   royalties, real estate transactions, annui-  income and entitle you to a de-
         connection with the activity, or (b) spent   ties, and pensions. You may also have to   duction  on  Form  1040  or  1040-SR,
         more hours during the tax year than you   file  an  information  return  if  you  sold   line 13.
         spent  performing  management  services   $5,000 or more of consumer products to
         in  connection  with  the  activity  (regard-  a  person  on  a  buy-sell,  a  deposit-com-  Line 1
         less of whether the person was compen-  mission, or other similar basis for resale.
         sated for the services).                                                 Enter  gross  receipts  from  your  trade  or
                                                     The  Guide  to  Information  Re-  business.  Be  sure  to  check  any  Forms
         Rental of personal property.  General-  TIP  turns  in  the  2022  General  In-  1099  you  received  for  business  income
         ly,  a  rental  activity  (such  as  long-term   structions for Certain Informa-  that must be reported on this line.
         equipment leasing) is a passive activity   tion  Returns  identifies  which  Forms
         even if you materially participated in the   1099  must  be  filed,  the  amounts  to  re-  If  you  received  one  or  more  Forms
         activity. However, if you met any of the   port, and the due dates for the required   1099-NEC,  be  sure  line  1  includes
         five  exceptions  listed  under  Rental  Ac-  Forms 1099.                amounts properly shown on your Forms
         tivities  in  the  Instructions  for  Form                               1099-NEC.  If  the  total  amounts  that
         8582,  the  rental  of  the  property  is  not                           were  reported  in  box  1  of  Forms
         treated as a rental activity and the mate-  Part I. Income               1099-NEC  are  more  than  the  total  you
         rial  participation  rules  explained  earlier                           are  reporting  on  line  1,  attach  a  state-
         apply.                                                                   ment explaining the difference.
                                              Except as otherwise provided in the In-
         Exception  for  oil  and  gas.  If  you  are   ternal  Revenue  Code,  gross  income  in-  Statutory employees.  If you received a
         filing Schedule C to report income and   cludes income from whatever source de-  Form  W-2,  Wage  and  Tax  Statement,
         deductions  from  an  oil  or  gas  well  in   rived.  In  certain  circumstances,  howev-  and  the  "Statutory  employee"  box  in
         which  you  own  a  working  interest  di-  er, gross income does not include extra-  box 13 of that form was checked, report
         rectly or through an entity that does not   territorial income that is qualifying for-  your income and expenses related to that
         limit your liability, check the “Yes” box.   eign  trade  income.  Use  Form  8873  to   income on Schedule C. Enter your statu-
         The activity of owning a working inter-  figure the extraterritorial income exclu-  tory  employee  income  from  box  1  of
         est is not a passive activity, regardless of   sion.  Report  it  on  Schedule  C  as  ex-  Form W-2 on line 1 of Schedule C and
         your participation.                  plained  in  the  Instructions  for  Form   check the box on that line. Social securi-
                                                                                  ty  and  Medicare  tax  should  have  been
         Limit on losses.  Your business activity   8873.                         withheld from your earnings; as a result,
         loss may be limited if you checked the                                   you do not owe self-employment tax on
         “No”  box  on  line  G.  In  addition,  your   If you were a debtor in a chapter 11   these  earnings.  Statutory  employees  in-
         rental activity loss may be limited even   bankruptcy case during 2022, see Chap-  clude  full-time  life  insurance  agents,
         if you materially participated. In gener-  ter 11 Bankruptcy Cases in the Instruc-  certain agent or commission drivers and
         al,  a  business  activity  in  which  you  do   tions for Form 1040 (under Income) and   traveling  salespersons,  and  certain
         not materially participate or a rental ac-  the Instructions for Schedule SE.  homeworkers.
         tivity is a passive activity and you have   Be sure to report all income attributa-
         to use Form 8582 to apply a limitation   ble  to  your  trade  or  business  from  all



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