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TAX





                          1099-K could reflect transactions besides those   of goods sold or deductible business expenses.
                          involving the provision of goods and services, such   “The IRS expects amounts reported on the
                          as for reimbursements, charitable contributions, and   Form 1099-K to include things like credits, refunds,
                          personal payments (for more, see “New, Lower Form   fees, and other adjustments,” said Wendy Walker,
                          1099-K Threshold Prompts Cautions, Criticisms,”   principal of tax information reporting for Sovos, a
                          JofA, March 10, 2022).                    provider of tax and regulatory compliance solutions,
                            CPAs with tax clients in the gig economy   and chair of the Information Reporting Subgroup
                          therefore will be more likely to have to reckon   of the IRS Advisory Council (IRSAC). “However,
                          with the form and with the fact that it may report   getting to what is actually taxable is far from easy,
                          transactions that do not involve the provision of   especially when you receive a 1099-K form.”
                          goods and services and are therefore nontaxable.   CPAs should inform their gig economy clients
                          Electronic payment facilitators, which process   that they will, in many cases, need to file Schedule
                          payments, do not necessarily have a relation-  C, Profit or Loss From Business (Sole Proprietorship).
                          ship with a participating payee and must obtain   Not reporting net income from activities such as
                          the payee’s tax identification number from the   Uber driving, dog-walking, and similar activities
                          third-party settlement organization that connects   could spawn assessments and penalties, Walker
                          buyers and sellers of goods or services (see “Tax   pointed out.
                          Clinic: Form 1099-K Information Returns: New   “The IRS is constantly on the lookout for gaps
                          Rules Beginning 2022,” The Tax Adviser, Jan.   in income tax reporting,” she said. Increasingly,
                          2022; also IRS, Form 1099-K Frequently Asked   that scrutiny may turn to independent contractors,
                          Questions (FAQs)).                        including those receiving Form 1099-K.
                            Moreover, participating payees (generally, persons   MBO Partners, an online workforce manage-
                          who accept a payment card as payment or a payment   ment platform, released a report that found that
                          made by a third-party settlement organization)   the number of U.S. independent contractors rose by
                          may not be able to distinguish payments that are   34% to 51 million in 2021, in an ever-wider range
                          for goods or services from those that are not, unless   of occupations and work settings — even including
                          the third-party settlement organization allowed the   accounting firms.
                          payer to designate payments that were not for goods   “Many CPA professionals are independent
                          or services, such as for reimbursements or personal   contractors,” Walker said. “And if they’re using a
                          payments. Such errors on Form 1099-K generally   freelancer platform, they should expect to receive a
                          require payee taxpayers to contact the filer or pay-  Form 1099-K from the platform company.”
                          ment settlement entity and request a corrected form
                          (see IRS FAQs: General).                  MIDYEAR STANDARD MILEAGE RATE CHANGE
                            What can such taxpayers expect from the new   Speaking of common small business deductions,
                          increased Form 1099-K reporting? For one thing,   CPAs need to keep in mind that clients using
                          the gross amount reported does not reflect the cost   the standard mileage rate for business use of a




         IN BRIEF                           Card and Third Party Network      transactions on Form 1040, U.S.
                                            Transactions — much lower than    Individual Income Tax Return, and some
         ■  Tax year 2022 returns for CPA tax   previously. However, the IRS postponed   other returns in the Form 1040 series
           preparers’ clients may be simpler in   its implementation until 2023.  has been changed again for 2022, which
           some ways than for the year before,   ■  Taxpayers using the standard mileage   may cause confusion for taxpayers.
           with most of the pandemic relief   rate for business, medical, or moving   ■  Businesses that previously deducted
           provisions that were applicable to   deductions will have to calculate   research or experimental (R&E)
           2021, such as the advance child tax   their deductions twice, since the IRS   expenditures under Sec. 174 will now
           credit, no longer a factor.      adjusted the rates midyear. One rate   have to amortize them over five years
         ■  Some taxpayers faced complications   applies before July 1, 2022, and the   for domestic R&E activities, or for 15
           from a new-for-2022 $600 reporting   other on that date or after.  years if the research is conducted in a
           threshold for Form 1099-K, Payment   ■  The question about cryptoasset   foreign country.
         To comment on this article or to suggest an idea for another article, contact Paul Bonner at Paul.Bonner@aicpa-cima.com.


         8    |   Journal of Accountancy                                                           January 2023
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