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I work in finance (not a tax professional) and see this a lot. Many debt collectors don't issue 1099-Cs even when they should because: 1. They don't want the administrative hassle 2. Their systems aren't set up to track and issue them properly 3. They can argue the debt isn't "officially" discharged in their system But here's the thing - the IRS puts the burden on YOU to report canceled debt regardless of whether you receive a form. If you're audited years later and they discover the forgiven amount, you'll owe back taxes plus penalties and interest. Document everything! Keep your settlement agreement, payment confirmation, and any communications about the 1099-C. If you report it properly now, you're protected even if they issue a 1099-C late.
How long after a debt is forgiven can they still issue a 1099-C? I had a credit card debt settled 3 years ago and just got a 1099-C for it this year!
There's technically no strict time limit for when a lender must issue a 1099-C after debt forgiveness occurs, but they should generally issue it for the tax year in which the identifiable event (like your settlement) took place. However, many lenders operate on their own internal timelines based on when they officially "write off" the debt in their accounting systems. Receiving a 1099-C three years later is unusual but not unheard of. The challenge now is that you may need to amend previous tax returns if you didn't report the forgiven debt in the year the settlement actually occurred. You should consult with a tax professional about filing Form 1040-X to amend the return for the year when the debt was actually settled, rather than the year you received the late 1099-C.
Has anyone used Credit Karma to file taxes with forgiven debt? I'm in this exact situation (settled $17k debt for $7k, no 1099-C) and wondering if their free software handles Form 982 for insolvency.
I tried using Credit Karma for this last year and they don't handle Form 982 very well. Had to switch to TurboTax Deluxe which has a much better walkthrough for the insolvency worksheet and Form 982. Paid like $70 but worth it for the peace of mind since I was dealing with about $23k in forgiven debt.
Just wanted to add something important - make sure you're also checking your state requirements! Federal might only need the 4868 personal extension, but some states require separate business extensions even for single-member LLCs. I learned this the hard way last year and got hit with a state penalty even though my federal extension was properly filed.
Oh crap, I didn't even think about state requirements! I'm in California - does anyone know if I need to file something separate for my LLC at the state level?
California requires an automatic 6-month extension for filing your state personal income tax return, so you don't need to file a separate extension form for that. However, you still need to pay any estimated tax you owe by the original due date. For your LLC specifically, California requires an annual LLC tax of $800, which is due by the 15th day of the 4th month of your taxable year (April 15 for calendar-year taxpayers). This payment isn't extended by your personal extension, so make sure you've paid that already if it applies to you.
If you're filing an extension, just remember that self-employment tax is no joke! I didn't set aside enough my first year with my LLC and got hit with a huge tax bill. What accounting software are you using to track your business expenses?
I've been using QuickBooks Self-Employed for my single-member LLC and it's been great for tracking everything. It even has a tax estimation feature that helps you set aside the right amount each quarter.
I'm a former IRS auditor, and I can tell you the "primary purpose" test is very real. We called these "mixed-purpose" trips and flagged them frequently. Here's what we actually looked for: 1) TIMING: Did the business activity align with when you would take personal trips (holidays, weekends)? Red flag. 2) DURATION: If you spent 2 days on "business" and 5 days with family, we'd likely disallow the transportation costs. 3) REVENUE: Did you actually make money? If you consistently lose money on these "business trips," we'd recharacterize them. 4) NECESSITY: Could the business activity have been done without traveling? Phone calls with relatives about business aren't travel-worthy. The rule of thumb: if you wouldn't have made the trip without the personal component, it's primarily personal.
What about if my side hustle truly can only be done in certain locations? I make custom furniture and sometimes source special wood when visiting my parents in Oregon. These woods aren't available where I live.
That's a more defensible position. If you can document that you're sourcing materials unavailable in your area, and if this activity is central to your business model, you've strengthened your case for the business purpose of the trip. Keep receipts for the materials purchased, document why these specific materials are necessary for your business, and maintain records showing how these purchases translate into business products and revenue. Remember though - if visiting parents is still the primary reason for timing the trip, you might only be able to deduct the specific business activities (like the extra mileage to visit lumber suppliers) rather than the entire trip cost. The IRS will still look at whether you would have made this trip without the personal component.
Anyone else been through an actual audit on travel expenses? I'm curious what documentation actually satisfied the auditor.
I went through one last year for my consulting business. What saved me was having a detailed calendar showing all appointments before the trip was booked, emails setting up meetings, receipts with business purpose noted, and a time log showing how many hours were spent on business vs personal activities. The auditor specifically mentioned that having documentation created BEFORE the trip (proving business intent) was key.
Here's what a tax preparer told me about this exact situation: If you're regularly doing these reviews and putting significant effort into them, it's more likely to be considered self-employment, even if you're doing it "for fun." The IRS looks at factors like whether you're conducting the activity in a businesslike manner, time and effort involved, and your expertise in the field. One big consideration: do you have other income from similar activities? Like, are you also getting paid for social media posts or other content creation? If so, the IRS might view all these activities together as a single self-employment business.
So if I'm understanding right, getting multiple similar 1099s might actually hurt you by making it more likely to be considered self-employment instead of a hobby? That seems backwards - wouldn't more activity make it more hobby-like?
It's actually the opposite - more regular activity in a similar field makes it look more like a business than a hobby. The IRS tends to view consistent income-generating activities as evidence of a profit motive, which is a key factor in the business determination. The logic is that someone with multiple income streams from related activities (like content creation, product reviews, sponsored posts) is demonstrating a pattern of trying to make money in that field, even if each individual activity is small. A hobby is more typically something you do primarily for enjoyment with occasional or incidental income.
Does anyone know if there's a dollar amount threshold where the IRS automatically considers it self-employment vs hobby? I got a 1099 for only $650 for some product reviews, and I'm wondering if I can just put it as hobby income and be done with it.
There's no specific dollar threshold in the tax code. It's more about the nature of the activity than the amount. That said, from practical experience, smaller amounts are less likely to trigger IRS scrutiny if reported as hobby income.
One thing to consider: even if you classify as hobby income, you still need to report it. Don't make the mistake of thinking small 1099s can be ignored! The IRS gets a copy of every 1099 issued to you.
Everett Tutum
22 One thing to consider - if your wife's country of residence has a tax treaty with the US, there might be special provisions that could affect how the HSA is treated. Some treaties have specific language about tax-advantaged accounts. What country is she from?
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Everett Tutum
β’1 She's from South Korea. We've been looking at the tax treaty but it's really confusing to interpret. There's something about retirement accounts but nothing specifically mentioning HSAs from what we could find.
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Everett Tutum
β’22 South Korea does have a tax treaty with the US, but you're right that it doesn't specifically address HSAs. Unfortunately, HSAs are relatively unique to the US tax system. The general rule still applies here - if she's a Non-Resident Alien (which it sounds like she is), she's not eligible for an HSA under US tax law regardless of the treaty. The treaty mainly affects taxation of income, dividends, interest, etc., but doesn't create eligibility for tax-advantaged accounts where it doesn't otherwise exist. I'd still recommend getting those contributions distributed from the account to avoid penalties. Once distributed, the tax treaty might affect how those funds are taxed, but it won't make the contributions valid retroactively.
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Everett Tutum
3 Something nobody's mentioned - check if your wife is actually on a qualifying high-deductible health plan (HDHP). Even if the NRA issue could be resolved, you can only contribute to an HSA if you're covered by an HDHP.
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Everett Tutum
β’17 Good point! Many people don't realize this. An HSA requires enrollment in a qualified HDHP with specific deductible minimums and out-of-pocket maximums.
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