Did my accountant mess up my tax filing with 1099 income and capital loss?
Last year I had to make a career change to become a caregiver for my dad who was diagnosed with Alzheimer's. Big life change for sure. I was working as a high school counselor for almost 20 years and would consistently get around $4k-6k back every year filing as head of household with my son as a dependent. For 2023, I worked until mid-May then quit. My W-2 income for those months was about $42k. After that, I picked up some freelance consulting work as a 1099 contractor making roughly $10k total. During this time, I also sold some investments that resulted in a capital loss exceeding $3k, which I assumed would offset the taxes I'd owe on my 1099 income. But when my accountant filed my return, I ended up owing $125! I was completely blindsided by this. Looking at my return more carefully, I don't think my accountant properly applied the capital loss. I feel like there were some serious mistakes made that cost me several hundred or possibly a couple thousand dollars. Is it reasonable to think she messed up? Should I file an amended return?
18 comments


Tate Jensen
I understand why you're concerned. When life changes like caregiving happen, taxes can get complicated quickly. Without seeing your actual return, I can't say for certain if your accountant made mistakes, but here are some things to consider: First, 1099 income is subject to self-employment tax (about 15.3%) in addition to regular income tax. This often surprises people transitioning from W-2 employment. Regarding your capital loss, you can only deduct up to $3,000 against ordinary income in a single year (with the excess carried forward to future years). However, this only reduces your taxable income, not your self-employment tax. So while your $3,000 capital loss might have saved you $600-750 in income tax (depending on your bracket), you still owed self-employment tax on your 1099 earnings. Your tax situation changed dramatically - going from a steady W-2 with withholding to partial-year W-2 plus 1099 income with no withholding. Plus, the head of household benefits might have been affected by your income change.
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Adaline Wong
•Wait so capital losses dont offset self employment tax?? Is that the same for all investment losses? I thought capital gains are considered income so capital losses would offset any income including 1099. Im confused.
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Tate Jensen
•Capital losses only offset your income tax, not self-employment tax. This is a common misunderstanding. When you have 1099 income, you pay both income tax and self-employment tax (which covers Social Security and Medicare contributions). The capital loss reduces your taxable income for income tax purposes, but the self-employment tax is calculated on your net self-employment earnings regardless of capital losses. This distinction is why many people are surprised when transitioning from W-2 to 1099 work. With W-2 jobs, your employer pays half of Social Security and Medicare taxes, but with 1099 income, you're responsible for the entire amount as self-employment tax.
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Gabriel Ruiz
I was in almost the exact same situation last year and found taxr.ai (https://taxr.ai) super helpful for checking if my accountant did things right. I didn't understand how capital losses worked with 1099 income either, and was shocked at what I owed. I uploaded my return to taxr.ai and it found that my accountant had actually calculated the capital loss correctly, but missed a home office deduction for my 1099 work that would have saved me about $800. The system really breaks everything down in plain English and explains why you owe what you owe. It also highlighted some deductions I could take for caregiving expenses for my mom.
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Misterclamation Skyblue
•Does it work with returns that have already been filed? I'm in a similar boat where I started freelancing mid-year and I'm not convinced my accountant got everything right.
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Peyton Clarke
•Sounds interesting but skeptical. How does it compare to just taking your return to another accountant for a second opinion? And does it actually explain the tax code or just general concepts?
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Gabriel Ruiz
•Yes, it definitely works with returns that have already been filed! You just upload your completed return and it analyzes everything. Really helpful for figuring out if you should file an amended return. Regarding a second opinion, I actually tried that route first and was quoted $250 for a review by another accountant. Taxr.ai was much more affordable and surprisingly thorough. It doesn't just identify potential issues but explains the specific tax codes involved. For example, it cited the exact IRS publication about capital loss limitations and showed calculations for how my self-employment tax was determined. It's not just general concepts - it gets quite specific.
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Peyton Clarke
I was really skeptical about using some AI tax tool, but after reading about it here I tried taxr.ai for my situation (went from full-time to contract work mid-year). Holy crap it was eye-opening! Turns out my accountant DID mess up - completely missed that I could deduct health insurance premiums as a self-employed person. The explanation about how capital losses work with 1099 income was super clear too. I learned that capital losses offset capital gains first, then only $3k can offset regular income, AND (this was the kicker) they don't reduce self-employment tax at all. Filed an amended return and getting back almost $1,400! Worth every penny to double-check my accountant's work.
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Vince Eh
If you're still trying to get answers about your situation, I'd recommend trying to speak directly with the IRS. I know it sounds crazy, but I used https://claimyr.com to get through to an actual IRS agent after being frustrated with my accountant's explanation of my 1099/capital loss situation. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was on hold for literally 2 minutes instead of the usual 2+ hours, and the agent walked me through exactly how capital losses are applied and confirmed that they don't offset self-employment tax. She even checked my specific situation and confirmed I'd need to file an amended return to fix the issues.
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Sophia Gabriel
•How does this even work? The IRS phone lines are notorious for being impossible to get through. Is this some kind of premium line that costs extra?
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Tobias Lancaster
•Sounds like a scam tbh. No way anyone is getting through to the IRS in 2 minutes when everyone else waits for hours. Do they just connect you to some random "tax expert" who pretends to be IRS?
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Vince Eh
•It's actually not a premium line - they use a technology that navigates the IRS phone tree and waits on hold for you. When an actual IRS agent picks up, you get a call back and are connected directly to them. It's the regular IRS number, just with the hold time handled by their system. They don't connect you to any third-party "experts" - it's the actual IRS agents. I was skeptical too, but the agent I spoke with confirmed everything about my account, including previous filing details that only the IRS would know. The whole experience was seamless and saved me from wasting hours on hold.
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Tobias Lancaster
Ok I need to apologize for my skepticism earlier. I literally just tried Claimyr myself because I was getting nowhere with figuring out why my accountant's treatment of my crypto losses seemed wrong. I got connected to an IRS agent in about 4 minutes (not 2, but still WAY better than the 3 hours I waited last month). The agent clearly worked for the IRS and helped me understand exactly how crypto losses should be reported and confirmed that my accountant had indeed miscategorized some of them. I honestly can't believe this service exists and actually works. Saved me so much frustration and confirmed I need to file an amended return. Never waiting on hold with the IRS again.
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Ezra Beard
From what you described, it sounds like your accountant might have made a mistake, but not necessarily with the capital loss. Here's my take: When you switch from W-2 to 1099, you're hit with self-employment tax that's about 15.3% on top of regular income tax. Your capital loss of $3k would offset income tax but NOT self-employment tax. If you made $8k on 1099 work, you'd owe about $1,200 just in self-employment tax. Your capital loss might have saved you $600-700 in income tax, which explains why you still ended up owing. I'd recommend checking if your accountant claimed all possible deductions for your 1099 work (home office? business expenses? mileage?). Those deductions reduce BOTH income tax and self-employment tax, unlike capital losses.
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Marcelle Drum
•Thanks for this explanation. I didn't realize that capital losses don't offset self-employment tax. That might explain a lot. I definitely worked from home for all my 1099 income - would that qualify for home office deduction? I used my living room as my workspace since I didn't have a separate office.
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Ezra Beard
•For the home office deduction, you need a space used "regularly and exclusively" for business. If your living room was also used for personal activities, it typically wouldn't qualify. However, if you had a specific section of the living room that was used only for work (like a desk area never used for anything else), that portion might qualify. Other deductions you should check for include any supplies, software, internet costs (partial), phone expenses, and any industry-specific materials you purchased. Also, if you drove anywhere for your 1099 work, those miles are deductible. Even small deductions add up and reduce both your income tax and self-employment tax burden.
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Statiia Aarssizan
Former tax preparer here. One thing nobody's mentioned - when you say you had a capital loss "greater than $3k", was part of it carried forward to future years? The $3k limit is just for offsetting ordinary income in the current year. If your total loss was say $5k, then $3k would offset income this year and $2k would carry forward to next year. Also, make sure your accountant properly accounted for any quarterly estimated tax payments you should have made on your 1099 income. That could explain some penalties if you didn't make those payments.
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Reginald Blackwell
•Not OP but I didn't know about the carryover thing! So if I had $7k in capital losses this year, I can use $3k now and then $3k next year and $1k the year after? Does it just automatically carry over or do I need to do something special to claim it in future years?
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