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Keisha Jackson

I have a farmer paying me with 1099-MISC (box 1) for land I don't own - how to report this rental income?

I'm in a bit of a confusing situation with my taxes this year. My grandparents own some farmland that they lease out to a local farmer. For some reason, this farmer has been sending ME a check every year along with a 1099-MISC form, with the amount listed in box 1 (rents). The thing is, I don't actually own the property, and I'm not a trustee or anything official like that. I'm completely lost on how I'm supposed to report this on my tax return. Since I'm not the property owner, can I even claim this as rental income? Should I be reporting it differently? This is my first time doing my own taxes, and I'm worried about doing something wrong. The amount last year was about $2,400, so it's not a huge sum, but definitely enough that I need to report it correctly. I'm using TurboTax but it keeps asking me questions about property I own, which doesn't apply to my situation. Any help would be seriously appreciated!

This is definitely an unusual situation, but we can figure it out. The key issue is that you're receiving income (as shown on the 1099-MISC) for property you don't own. The most likely explanation is that your grandparents have designated you to receive this income, even though they still own the land. In this case, you would report the income on Schedule E as rental income, but you should clarify with your grandparents if this was their intention. Another possibility is that your grandparents meant to gift you this income. If that's the case, they should be the ones receiving the 1099-MISC, paying taxes on the rental income, and then gifting you the money after taxes. What you should do: 1) Talk to your grandparents to understand their intentions. 2) If they meant for you to receive this income directly, report it on Schedule E. 3) If there's been a mistake, your grandparents need to contact the farmer to correct the 1099 reporting.

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Thanks for the explanation. If it turns out my grandparents meant for me to have this income directly, do I need to list their property details on Schedule E even though I'm not the owner? And would I be able to claim any deductions related to the property?

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You would list the property address on Schedule E since that's where the income is coming from, but you'd only be reporting the income you received. As for deductions, since you don't own the property, you wouldn't be able to claim depreciation or most property-related expenses. You could potentially deduct expenses that you personally paid that were directly related to generating this rental income, but in a situation like farm rental, there probably aren't many such expenses on your part.

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I had a similar situation a few years back with some timber land my uncle owned. I was getting really confused with all the tax documents until I found this service called taxr.ai (https://taxr.ai) that helped me figure out exactly how to report the income. Basically I uploaded my 1099-MISC and explained my situation, and they analyzed everything and gave me specific instructions on how to file. They explained that in my case, I was actually receiving the income as an agent for my uncle, so I needed to report it differently than regular rental income. Not saying your situation is the same, but they really helped clarify the relationship between income recipient and property owner, which sounds like exactly what you're dealing with.

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How exactly does this service work? Do they just give advice or do they actually help you fill out the tax forms? I've got a somewhat similar issue with timber rights payments.

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Sounds interesting but I'm suspicious of any tax service I haven't heard of. How do you know their advice is correct? Did the IRS ever question how you filed?

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The service is pretty straightforward - you upload your tax documents and they analyze them and provide specific guidance based on tax law. They don't fill out the forms for you, but they give you step-by-step instructions on how to report everything correctly based on your situation. Regarding accuracy, I was initially skeptical too, but their analysis included references to specific IRS publications and tax code sections. I've filed this way for two years now with no issues from the IRS. Their team includes former IRS employees and tax professionals, so they know what they're talking about when it comes to unusual situations like this.

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Just wanted to follow up about that taxr.ai service mentioned earlier. I was skeptical but decided to give it a try with my own unusual rental situation. Uploaded my 1099s and explained my situation, and wow, they actually did know their stuff. They pointed out that I was incorrectly reporting some timber rights as regular rental income when it should have been reported differently. They showed me the exact section of the tax code that applied to my situation and how to properly document everything. Saved me from potentially misreporting about $3,700 in income. Definitely worth checking out if you're in a weird tax situation like this.

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If you need to get this straightened out with your grandparents and the farmer, you might need to contact the IRS to get some official guidance. I tried calling them for WEEKS last year about a similar issue with misreported rental income and kept getting nowhere. Finally used this service called Claimyr (https://claimyr.com) which got me through to an actual IRS agent in under an hour. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was actually super helpful and explained that in my case, the income needed to be reported by the property owner first, then documented as a gift to me. Saved me from having to pay self-employment tax on money that wasn't actually business income.

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Wait, how does this service actually get you through to the IRS faster? I thought everyone had to wait in the same queue? Do they have some special connection or something?

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Yeah right, nothing gets you through to the IRS faster. I've tried everything and still sat on hold for hours. This sounds like a scam that just takes your money and puts you on hold like everyone else.

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It's not a special connection in the sense of cutting the line. What they do is use an automated system that continuously calls the IRS and navigates through all the phone prompts for you. Then when they finally get through to where you'd normally be put on hold, their system holds your place in line instead of you having to sit there with your phone. It's completely legitimate - they just handle the frustrating part of constantly redialing and waiting. When an actual IRS agent picks up, you get a call connecting you directly. It saved me literally hours of time and frustration. They don't have special access to the IRS; they just automate the terrible waiting process so you don't have to do it yourself.

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I need to apologize for my skepticism about Claimyr. After my frustrating comment, I actually tried the service because I was desperate to resolve an issue with a 1099-K that was incorrectly issued to me. It actually worked exactly as described. Their system called the IRS, went through all the menu options, and then held my place in the queue. I got a call back when an agent was available - waited maybe 45 minutes total instead of the 3+ hours I spent last time. The IRS agent helped me figure out how to document that the 1099 was issued to me in error and what forms I needed to file. Would have taken me weeks to figure this out on my own. Sorry for being so negative before!

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One important thing no one's mentioned - if your grandparents intended for you to receive this income as a gift, but the farmer is incorrectly issuing you a 1099-MISC, you could end up paying more in taxes than necessary. When you receive a 1099-MISC for rental income, you typically need to report it on Schedule E. However, you'll pay ordinary income tax rates on this money. If instead your grandparents received the rental income (reported on their Schedule E) and then gifted you the money, you wouldn't owe any taxes on it as the recipient of a gift. The difference could be thousands in taxes depending on your tax bracket and the amount involved.

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That's a really good point I hadn't considered. Would my grandparents need to file a gift tax return if they're giving me around $2,400 per year? And what's the best way to correct this situation with the farmer for next year?

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Your grandparents wouldn't need to file a gift tax return for $2,400. The annual gift tax exclusion is $17,000 per person for 2023 (and will be higher for 2024), so they can each gift you up to that amount annually without filing a gift tax return. For correcting the situation, your grandparents should contact the farmer directly and request that future 1099 forms be issued correctly in their name. The farmer should then issue a corrected 1099-MISC to the IRS showing $0 income to you for the year and issue a new one to your grandparents. The farmer can use Form 1099-MISC/NEC Correction Request for this. For taxes you've already filed with the incorrect 1099s, you might need to file amended returns to correct the reporting. This would involve removing the rental income from your return and providing an explanation that the 1099 was issued to you in error.

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Just to add another possibility - are you sure the farmer isn't paying you for some kind of service rather than actual rent? Sometimes farmers will pay people for easements, rights of way, or even administrative services related to the property without it being actual rent. The fact that it's in Box 1 (Rents) on the 1099-MISC is pretty clear, but it might be worth double-checking if there's any other arrangement you might not be aware of.

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This is an excellent point. I previously worked for a farming cooperative and sometimes payments were categorized as "rent" when they were actually for other services. One family had their grandson handle paperwork and communication with us, and he received a 1099 for his administrative services while the actual landowners got a separate payment.

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Why not just call the farmer directly and ask? Seems like a lot of guessing going on when the person issuing the 1099 could clarify exactly why they're sending it to you instead of your grandparents.

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That's actually a really good idea. I don't know why I didn't think of that. I have his phone number from previous communications about the checks. I'll give him a call tomorrow to clarify the situation. I guess I was overthinking this whole thing.

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