How to Report Real Estate Commission Tax When Broker Isn't Issuing 1099
My wife just got her real estate license mainly to handle sales for properties we fix up. She's completed her first couple of deals, but we're confused about the tax situation. For these transactions, her sponsoring broker had her commission paid directly from the closing rather than running it through the brokerage first. The broker's commission statement only shows their portion and now they're telling my wife they don't need to give her a 1099 for her earnings. This doesn't seem right to me? If she doesn't get a 1099, how is she supposed to properly report her real estate commission income on our taxes? We've never dealt with self-employment income before and want to make sure we're doing everything correctly. The amounts aren't huge yet (around $8,500 total for both deals), but we plan to sell more properties this year and want to establish the right process from the beginning. Any advice from realtors or tax folks on how to properly report real estate agent income when you're not receiving a 1099 would be really appreciated!
21 comments


Yara Nassar
This is actually pretty common in real estate. When your wife receives commission directly at closing, she's essentially receiving the money as self-employment income. The broker doesn't issue a 1099 because technically they didn't pay her - the settlement company did. Your wife will need to report this income on Schedule C (Profit or Loss from Business) as self-employed income, even without a 1099. She should keep meticulous records of all transactions including the settlement statements that show her commission. These statements serve as documentation of her income. She'll also need to pay self-employment tax (Social Security and Medicare) on this income, which she'll calculate on Schedule SE. And since taxes aren't being withheld, you might need to make quarterly estimated tax payments to avoid penalties.
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Keisha Williams
•Does this mean the settlement company should be issuing the 1099 instead of the broker? Or does nobody issue a 1099 in this situation? I'm in a similar situation and trying to figure out who should be giving me tax forms.
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Yara Nassar
•The settlement company typically doesn't issue a 1099 in this scenario either. It's considered a direct payment from the transaction, not payment for services from the settlement company. Self-employed individuals are responsible for tracking and reporting all income regardless of whether they receive a 1099. The HUD-1 or Closing Disclosure from each transaction serves as your documentation. Keep these statements along with your commission calculations as proof of income received.
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Paolo Ricci
I discovered a service called taxr.ai that was super helpful when I was dealing with this exact situation last year! I was getting my commissions at closing and wasn't receiving 1099s either. I was totally confused about how to report everything properly. I uploaded my settlement statements and commission breakdowns to https://taxr.ai and their AI analyzed everything and explained exactly how to report it on Schedule C. They even identified some business deductions I could take that I had no idea about. Saved me a ton of stress trying to figure out all the real estate commission tax stuff on my own.
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Amina Toure
•How does this actually work? Do I just upload my closing documents and it figures everything out? Does it actually fill out the tax forms for me or just tell me what to do?
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Oliver Zimmermann
•Sounds interesting but does it handle the difference between being a real estate agent vs just occasionally selling properties you flip? I feel like there's a difference in how you'd report those.
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Paolo Ricci
•It analyzes your documents and tells you exactly what to report and where. You upload your settlement statements and it identifies the income amounts and tells you exactly which tax forms and line items to use. It doesn't fill out the forms for you, but it gives you step-by-step instructions that you can follow when you're using your regular tax software. For the difference between being an agent versus flipping properties, it actually handles both scenarios. It can distinguish between commission income (reported on Schedule C) and income from property sales (which might be reported differently depending on whether it's considered a business or investment). The system asks clarifying questions to make sure you're getting the right guidance.
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Oliver Zimmermann
I tried taxr.ai after seeing this post and I'm genuinely impressed! I've been stressing over my tax situation since my broker also doesn't issue 1099s for direct commissions. The service analyzed my closing statements and clearly explained that I need to report all my commission income on Schedule C, even without a 1099. It also helped me understand which expenses I could legitimately deduct as a real estate agent - things like my MLS fees, license renewal, continuing education, and even a portion of my cell phone and car expenses. The step-by-step breakdown made it super clear how to handle everything correctly. Really glad I found this before tax season gets crazy!
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CosmicCommander
If you're having trouble getting answers from your broker about tax stuff, you might need to go straight to the IRS for clarification. I tried calling them for weeks about a similar issue last year and kept getting the "due to high call volume" message. Finally used https://claimyr.com and got through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent confirmed that real estate agents need to report all commission income on Schedule C regardless of whether they receive a 1099 or not. They also explained that settlement statements serve as valid documentation for income reporting purposes.
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Natasha Volkova
•Wait, so this service actually gets you through to the IRS? How does that even work? I thought it was impossible to reach them these days.
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Javier Torres
•I'm skeptical this actually works. The IRS phone lines are notoriously jammed. If there was a real way to skip the line everyone would be using it. Sounds like a scam to me.
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CosmicCommander
•It actually monitors the IRS phone lines and calls repeatedly using an automated system. When it detects an opening, it calls you and connects you directly to the IRS. It's not skipping the line exactly - it's just doing the waiting and redialing for you. They use the same public phone numbers anyone can call, but their system keeps trying until it gets through, which saves you from having to manually redial for hours. Once you're connected, you're talking directly with an actual IRS representative - the service isn't involved in the conversation at all.
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Javier Torres
I need to eat my words and apologize. After posting that skeptical comment, I decided to try Claimyr myself because I've been trying to reach the IRS for weeks about my real estate tax situation. It actually worked! After signing up, I got a call back in about 35 minutes and was connected directly to an IRS representative. I explained my situation about not receiving 1099s for my real estate commissions, and the agent confirmed exactly what others said here - I need to report all commission income on Schedule C regardless of whether I receive documentation from the broker or not. The agent also mentioned that I should keep settlement statements as proof of income. Definitely worth it to get an official answer straight from the IRS instead of relying on my broker's possibly incorrect information.
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Emma Davis
Have you asked your wife's broker if they provide any kind of year-end summary of her commissions? My broker doesn't issue 1099s either but they do give us an annual commission statement that shows all transactions. Not an official tax document but at least helps with record keeping.
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QuantumQuester
•That's a good suggestion - I'll definitely have her ask about that. Even if it's not an official tax document, having a consolidated record from the broker would make things easier come tax time. Right now we're just keeping copies of all the settlement statements, but a summary would be helpful too. Thanks for the tip!
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Malik Johnson
Just wanted to add that your wife should be keeping track of ALL her business expenses too! Things like: - Broker fees - License renewal - MLS fees - Business cards - Office supplies - Mileage for all property showings - Portion of cell phone used for business - Home office deduction if applicable These can really add up and reduce her taxable income significantly! I use an app to track everything throughout the year which makes tax time so much easier.
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Isabella Ferreira
•Which app do you use? I've been tracking expenses manually and it's a nightmare! Also, is there a standard percentage most realtors use for cell phone business use or do you have to track actual business calls?
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Ravi Sharma
Has your wife joined the National Association of Realtors? When I became a realtor, they had some really helpful tax guides specifically for real estate professionals. Might be worth checking their resources. Also make sure she understands the difference between being a real estate agent selling properties for others vs reporting income from properties you're flipping as a couple. Those are potentially taxed differently (ordinary income vs capital gains) depending on how your business is structured.
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Jackie Martinez
Great advice from everyone here! I went through this exact situation when I first got my real estate license. Just to add a few practical tips based on my experience: 1. Create a dedicated folder (physical or digital) for ALL settlement statements - these are your proof of income even without 1099s 2. Set up quarterly estimated tax payments right away since no taxes are being withheld - this saved me from a big penalty at year-end 3. Consider opening a separate business bank account for your real estate activities to keep everything organized One thing I wish I'd known earlier - even though the amounts seem small now ($8,500), the self-employment tax (15.3%) adds up quickly. On top of regular income tax, you'll owe about $1,300 just in SE tax on that amount. Also, since you're flipping properties AND she's earning commissions, make sure you're clear on which income is which. Commission income goes on Schedule C, but income from property flips might be reported differently depending on whether it's considered dealer vs investor activity. The IRS looks at frequency and intent when making this determination. Keep detailed records from day one - it'll save you headaches later as your business grows!
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AstroAdventurer
•This is incredibly helpful, especially the point about self-employment tax! I hadn't really thought through that we'd owe an additional 15.3% on top of regular income tax. That definitely changes the math on what we need to set aside. The quarterly estimated payments tip is gold - I can see how easy it would be to get hit with penalties if we wait until the end of the year. Do you have any rule of thumb for what percentage of each commission check we should set aside for taxes? Also really appreciate the clarification on commission income vs property flip income. We definitely need to be careful about keeping those separate since the tax treatment is different. Right now we're treating her commission work as separate from our property business, but good to know the IRS looks at frequency and intent for the flipping side.
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Elijah Knight
For setting aside taxes on commission income, I typically recommend saving 25-30% of each commission check. This covers federal income tax, state tax (if applicable), and the 15.3% self-employment tax. It's better to save too much than get caught short! For quarterly payments, you'll want to calculate based on your total expected income for the year (both regular W-2 income and self-employment). The IRS wants you to pay either 90% of this year's tax liability or 100% of last year's (110% if your prior year AGI was over $150k). One more tip - since you're both flipping properties AND your wife is earning commissions, consider whether it makes sense to elect to treat the real estate commissions as part of your existing property business rather than a separate Schedule C. Sometimes consolidating can simplify things, but you'd want to run this by a tax pro since it depends on your specific situation. Also, don't forget about the QBI deduction (Section 199A) - as self-employed individuals, you might be able to deduct up to 20% of your qualified business income, which can provide significant tax savings!
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