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Something nobody's mentioned yet - if your gambling activity is substantial and consistent enough, you might actually qualify as a "professional gambler" for tax purposes, which changes how you report everything. Instead of putting winnings on Line 8b and losses on Schedule A (subject to the 2% floor), you'd report everything on Schedule C. The key factors the IRS looks at: whether you approach gambling in a businesslike manner, your expertise, time invested, expectation of profit, and history of income from gambling. From your detailed record-keeping, it sounds like you might qualify. Benefits: You can deduct all losses (not just when itemizing) and deduct related expenses (travel to casinos, internet for online play, etc). Downsides: You'll pay self-employment tax on net profits. I'm not saying this is definitely your situation, but worth discussing with your CPA given how organized you are with tracking everything.
I appreciate that perspective but I don't think I would qualify. This is definitely a hobby for me - I have a full-time job and just do this for entertainment. My record-keeping is just because I'm paranoid about taxes! Plus I only made about $7,850 for the year which isn't substantial enough to be considered professional. But you make a good point about the different tax treatment. I've always reported as a casual gambler, and I'm not really looking to complicate things further by trying to qualify as a professional. Just want to make sure I'm handling this 1099-K situation correctly without paying more taxes than I should.
That makes complete sense - the professional gambler status is definitely not worth pursuing for your situation. The record-keeping you're doing is still perfect for a casual gambler and will serve you well with this 1099-K issue. You're approaching this exactly right - declare the actual gambling income on Line 8b, itemize losses if applicable on Schedule A, and then reconcile the 1099-K amounts separately to avoid double taxation. Your detailed logs will be invaluable if there are ever any questions.
I went through almost the exact same situation last year with multiple online casinos and PayPal 1099-Ks. The advice here is spot-on - you're definitely on the right track with your detailed record keeping. One thing that really helped me was creating a simple reconciliation statement that I attached to my return. I made three columns: "PayPal Transaction," "Transaction Type," and "Actual Gambling Income." For each 1099-K transaction, I noted whether it was a deposit (no income), withdrawal of original deposit (no income), or withdrawal of actual winnings (taxable income). This made it crystal clear to anyone reviewing my return that I wasn't trying to hide anything - I was just properly categorizing what was actual gambling income versus money movements. My CPA said having this level of documentation made him much more comfortable with how we reported everything. The double-counting concern you mentioned with W2-G forms is real, but your detailed logs will protect you. Just make sure when you report gambling winnings on Line 8b that you're not including the same win twice if it appears on both a W2-G and gets captured in your PayPal withdrawals. You're being more careful than most people in this situation, so I think you'll be fine as long as you keep documenting everything the way you have been.
Under IRC ยง32(m) and ยง24(e), as amended by the Protecting Americans from Tax Hikes Act of 2015 (P.L. 114-113, Div. Q), the IRS is prohibited from issuing refunds for tax returns claiming the EITC or ACTC before February 15th. This applies regardless of when you file - January 1st or February 14th, the earliest possible refund date remains the same. For business owners specifically, this typically only affects you if your business is a pass-through entity (Schedule C, S-Corp, Partnership) AND your personal income falls within EITC thresholds (for 2024: below $63,398 with three or more qualifying children, $59,478 with two children, $52,918 with one child, or $17,640 with no children). If your business is profitable enough to exceed these thresholds, PATH Act holds won't directly affect your refund timing.
I've been filing taxes for over 20 years, and I remember the pre-PATH days when early filers with EITC could get refunds by late January. One alternative approach I've seen work well: if you need your refund quickly and typically claim these credits, you could adjust your W-4 withholding throughout the year to be more accurate. This reduces your refund amount but puts more money in each paycheck. Then the PATH delay affects a smaller portion of your annual tax benefit. I've found this especially helpful for my clients who are small business owners who also have W-2 income from a side job or spouse.
Does adjusting W-4 withholding affect quarterly estimated payments too? I'm trying to better balance my tax payments throughout the year.
W-4 adjustments primarily affect your W-2 withholding, while quarterly estimated payments are calculated separately based on your expected annual tax liability. However, they work together in your overall tax strategy. If you increase W-4 withholding to get closer to your actual tax liability, you might be able to reduce your quarterly estimates accordingly (as long as you meet safe harbor rules - generally 100% of prior year tax or 90% of current year). The key is that your total payments (withholding + estimates) should cover your expected tax liability to avoid underpayment penalties. I'd recommend running the numbers quarterly to ensure you're staying compliant while optimizing cash flow.
Don't overlook the liability aspects too! Being a partner potentially exposes you to more business liability than being just an employee, depending on how the partnership is structured. If it's a general partnership interest, you could have unlimited personal liability for the business's debts and legal issues. If it's a limited partnership interest, your liability is usually capped at your investment. Since you mentioned it's an LLC, you should have some liability protection, but make sure to understand exactly what your partnership agreement says about this. Also check if the company maintains proper liability insurance for partners.
This is a really important point. I became a partner in an LLC last year and we had to increase our liability insurance coverage. Our attorney also recommended we each get personal umbrella policies as an extra layer of protection.
One aspect that hasn't been fully covered is the potential impact on your Social Security benefits calculation. As an employee, your employer pays half of your Social Security taxes, but as a partner, you'll pay the full 15.3% self-employment tax on your earnings (though you can deduct half of it). However, this actually means more of your income will count toward your Social Security earnings record, which could result in higher future Social Security benefits when you retire. Also, regarding the 401(k) loss - while you'll lose access to any employer matching, a Solo 401(k) as a partner can actually allow you to contribute both as the "employee" (up to $23,000 for 2024, or $30,500 if over 50) AND as the "employer" (up to 25% of compensation), potentially letting you save much more for retirement than a traditional employer plan. The key is running the numbers for your specific situation. The immediate tax changes might look concerning, but the long-term wealth-building potential of ownership, combined with the tax advantages available to business owners, often makes it worthwhile.
Quick tip: make sure you keep checking your transcript weekly. Sometimes they dont even send updates when they process stuff
Thanks! Where exactly should I look on the transcript?
I'm dealing with the exact same situation! Filed my amended return in November, got the 4883c letter in December, verified through id.me immediately, and still nothing on my transcripts. It's so frustrating because you do everything they ask and then just... wait indefinitely. At least we're not alone in this mess! ๐ค
Ugh same timeline here! Filed amended in October, got the letter in November, verified right away and still waiting. The worst part is not knowing if something went wrong or if it's just taking forever. Have you tried calling the practitioner priority line? I heard sometimes they can at least tell you if your verification went through properly.
Dominique Adams
I'm a retired postal worker on FERS disability too. What I learned after years of confusion is that the "UNKNOWN" in box 2a is actually OPM's way of telling you that YOU need to calculate the taxable portion. The formula is: Gross Distribution (box 1) minus the amount of your contributions you recover this year. To figure out how much of your contributions you recover each year, divide your Total Employee Contributions (box 9a) by the number of expected monthly payments based on your age when payments started (from IRS Publication 575). For example, if your husband was 45 when payments started and has a survivor benefit, you'd use 410 as the number of expected payments. So you'd recover about $15.85 tax-free per month ($6,500 รท 410 = $15.85 ร 12 months = $190.20 per year). So taxable amount would be $13,500 - $190.20 = $13,309.80 Hope this helps!
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Marilyn Dixon
โขThis is super helpful! But what about the insurance premiums in box 5? Do those figure into the calculation at all? That's what's confusing me.
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Dominique Adams
โขThe insurance premiums in box 5 don't directly figure into the taxable amount calculation using the Simplified Method. They're already accounted for in the gross distribution amount (box 1), as they've been deducted from your husband's annuity before it was paid to him. Box 5 is showing you how much of the gross distribution went to insurance premiums, but for calculating the taxable amount, you're only concerned with recovering your husband's after-tax contributions (box 9a) over time. The insurance premiums might be deductible elsewhere on your tax return depending on your situation, but they don't affect the simplified method calculation.
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Louisa Ramirez
Dont overthink this. Calculate taxable amount as: Box 1 minus (Box 9a divided by life expectancy from IRS tables) I been doing this for 8 years on my federal disability. Your tax guy is making it more complicated then it is. The UNKNOWN is just OPM being lazy and making us do the math ourselves.
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TommyKapitz
โขWhich IRS table should be used though? There seem to be different ones in Publication 575 and I'm not sure if I should use the single life expectancy or joint with survivor benefit.
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Freya Collins
โขSince the original post mentioned the annuity includes a survivor benefit option, you should use Table 2 (Joint Life and Last Survivor Expectancy) from Publication 575. You'll need both your husband's age and your age when the annuity payments started to find the correct number of expected payments. This gives you a more accurate calculation than using the single life table since the survivor benefit affects the total expected payout period.
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