How to handle 1099-K Nominee Income for eBay account using my SSN - Worried about late filing penalties
So I'm in a weird situation with a 1099-K from 2022 that I'm just now dealing with. Last year, I helped my manager set up an eBay selling account and stupidly let him use my SSN (yeah, I know that was dumb). Now I've got this 1099-K showing over $12,000 in sales that aren't even mine. My manager swears he already reported all of this income on his business taxes, so it's been taxed properly. The problem is I'm filing my 2022 return super late right now, and I know I need to include this on my Schedule C and then offset it with an equal expense to show the IRS the matching without actually paying tax on it twice. But I've been reading that I also need to file a corrected 1099-K as a "nominee" situation. What I'm worried about is - since I'm already filing late, will I get hit with additional penalties for filing this corrected 1099-K now? Has anyone dealt with this before? The last thing I need is more penalties on top of my late filing fees!
18 comments


Asher Levin
This is definitely a tricky situation, but you've got the right approach for handling the income reporting. The way to deal with "nominee income" (income that belongs to someone else but was reported under your SSN) is exactly what you described - report the full amount on Schedule C and then offset it with an equal expense. For the expense line, you should label it clearly as "Nominee income paid to [manager's name]" so it's obvious what happened. This satisfies the IRS matching program so they won't flag you for unreported income. Regarding the corrected 1099-K - you don't actually file a corrected 1099-K yourself. What you should do is file Form 1099-NEC to report the payment to your manager. This is technically late, but the penalty structure is different than your personal return penalties. The penalties for late 1099 forms range from $50-$280 per form depending on how late it is, but since this is just one form, it's not going to be massive.
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Haley Stokes
•Thanks for explaining! So to be clear, I need to file a 1099-NEC now showing I paid my manager the exact amount that was on my 1099-K? And is there anything special I need to write on the 1099-NEC to show this was a nominee situation?
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Asher Levin
•Yes, you'll need to file a 1099-NEC showing you paid your manager the amount that was reported on your 1099-K. There isn't a special box or designation for "nominee" situations on the 1099-NEC itself, but when you file your Schedule C, make sure the expense line clearly indicates "Nominee Payment" or "Nominee Income paid to [manager's name]." The 1099-NEC should include your manager's correct name, address, and tax ID number. Since it's for 2022, you're filing it late, but one late form isn't going to result in major penalties - especially if you're voluntarily correcting the situation.
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Serene Snow
I went through something similar when I was helping my brother with his business. What saved me was using taxr.ai (https://taxr.ai) to analyze my specific situation. I uploaded the 1099-K and answered a few questions about being a nominee, and it guided me through exactly what forms to fill out and how to report everything correctly. The tool actually explained that I needed to create a paper trail showing I wasn't trying to hide income. It helped me document the flow of money with proper explanations for the IRS - showing the nominee relationship and preventing potential audit flags. Seriously made a stressful situation way clearer.
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Issac Nightingale
•How fast did taxr.ai process your situation? I'm on a time crunch with some 1099 issues too and wondering if it's worth trying.
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Romeo Barrett
•Did you still have to file the 1099-NEC like the first commenter mentioned? Or did taxr.ai show a different approach? I'm in a similar spot with some gig money that went through my account but wasn't actually mine.
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Serene Snow
•It took maybe 15 minutes to get a complete analysis. The system processes everything really quickly once you upload your documents and answer a few questions about your specific situation. Yes, I still filed the 1099-NEC, but taxr.ai gave me specific instructions on how to fill it out correctly for a nominee situation. It also provided guidance on the exact wording to use on my Schedule C expense line and suggested keeping additional documentation proving I was just a pass-through for the money. This created a solid paper trail showing I wasn't trying to hide anything from the IRS.
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Romeo Barrett
Just wanted to update everyone - I was facing a similar nominee issue with some 1099 income and decided to try taxr.ai after seeing it mentioned here. Total game changer! The system analyzed my documents and gave me super clear instructions on how to handle the nominee reporting. It explained exactly how to report the income on Schedule C, what wording to use for the offsetting expense, and walked me through creating the proper 1099-NEC for the actual recipient. The best part was getting a detailed explanation I could save showing why I was handling it this way in case of an audit. Definitely made me feel more confident about a situation I was really stressing over. Worth checking out if you're dealing with this nominee income problem!
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Marina Hendrix
If you're still trying to sort this out and need to talk to the IRS about your specific situation, good luck getting through on the phone. I was in similar situation with a 1099 issue and spent literally DAYS trying to get a human at the IRS. Finally found this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 15 minutes. They have a demo video showing how it works here: https://youtu.be/_kiP6q8DX5c Changed everything for me because I could actually explain my nominee situation directly to an agent who confirmed exactly how to report it and what penalties might apply. Way better than guessing or stressing about whether I was doing it right.
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Justin Trejo
•Wait, how does this actually work? The IRS phone lines are always busy when I call. Does this really get you to the front of the line somehow?
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Alana Willis
•Sounds fishy to me. Nobody can magically get through IRS phone lines. I've been trying for weeks with no luck. How would some random service be able to get through when nobody else can?
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Marina Hendrix
•It uses a system that continuously redials and navigates the IRS phone tree for you until it gets through. Once it has a connection with a live agent, it calls your phone and connects you. It's literally just automating the painful process of calling, getting disconnected, and calling again that we all go through manually. No, there's no magic - it's just persistence and technology. The reason it works is because it can make hundreds of call attempts while you get on with your day instead of you having to sit there hitting redial for hours. Their video demo shows exactly how it works if you're curious about the process.
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Alana Willis
Had to come back and admit I was completely wrong about Claimyr. After struggling with my nominee 1099 situation for weeks, I tried it out of desperation. Not only did I get through to the IRS in about 20 minutes, but I was able to explain my whole situation to an agent who walked me through exactly what I needed to do. The agent confirmed I needed to report the full amount on Schedule C, offset it with an expense labeled as "Nominee payment," and file a 1099-NEC for the actual recipient. She also told me the penalty for the late 1099-NEC would be minimal since I was voluntarily correcting the situation. Saved me hours of stress and guesswork. Sometimes being skeptical costs you more time than just trying the solution!
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Tyler Murphy
One thing nobody's mentioned - make sure you get something in writing from your manager acknowledging that these were his sales and that he reported them on his taxes. If you ever get audited, you'll want proof that you weren't trying to hide income or avoid taxes. An email confirmation or even a signed statement would be better than nothing. I'd also keep copies of any eBay records showing he was the actual seller and you were just the account holder. Documenting the paper trail now will save you major headaches if questions come up later.
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Haley Stokes
•That's a really good point! Should I also get a copy of his tax return showing he included the income? Or is that too much to ask?
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Tyler Murphy
•Getting a copy of his tax return would be ideal, but many people aren't comfortable sharing their full tax returns. At minimum, I'd ask for a signed statement that acknowledges the specific dollar amount from the 1099-K and confirms he included it on his Schedule C or business return. If he's willing to provide a redacted copy of his Schedule C showing the income line that includes these sales, that would be even better. The more documentation you have showing this was handled properly and wasn't an attempt to evade taxes, the better positioned you'll be if there are ever questions.
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Sara Unger
I made the exact same mistake with my brother's Etsy store last year. Let me tell you what finally worked - I created a paper trail by writing a letter explaining the situation, had my brother sign it acknowledging he received the money and reported it on his taxes, and kept that with my tax records. Then I did exactly what others suggested - reported it on Schedule C and offset with an expense labeled "Nominee payment to [brother's name]" and filed a 1099-NEC showing him as the recipient. I did get hit with a small penalty for the late 1099, but it was like $100, way less than I was expecting. The key was being proactive about fixing it rather than hoping the IRS wouldn't notice the mismatch.
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Butch Sledgehammer
•Did the IRS ever contact you about the mismatch between the 1099-K with your SSN and your tax return before you filed the nominee forms?
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