Is Uber violating tax law by refusing to send 1099-NEC forms for drivers?

You've identified a confusing situation that a lot of gig workers are struggling with. The distinction between 1099-NEC and 1099-K is important to understand. Technically, companies can classify themselves as payment processors (like Uber is doing) and use the 1099-K threshold ($20,000) rather than the 1099-NEC threshold ($600). This classification has been debated, but some platforms have successfully argued they're primarily facilitating payments between customers and service providers. The rules around this have been in flux. There was actually supposed to be a change where the 1099-K threshold would drop to $600 for 2023, but the IRS delayed implementation. This might explain why you're seeing inconsistency in Uber's approach compared to previous years. Even without a 1099, you're still legally required to report all your income. You can use your in-app earnings summary or bank deposits to calculate your total earnings. The IRS doesn't require you to attach 1099 forms to your return - they get copies directly from the companies.

I went through the EXACT same situation with Uber! After hours of frustration, I found taxr.ai (https://taxr.ai) and it was a game-changer. They have this awesome feature where you upload your earnings statements and it gives you a detailed breakdown that works just as well as an official 1099 for tax filing purposes. The tool automatically categorizes all your gig income and expenses, even separating out the Uber service fees that you don't need to report as income. It basically creates an unofficial "substitute" 1099 that has all the same information you'd need. I was skeptical at first but it actually made my filing way easier than even when I had the official forms.

Hey everyone! Just wanted to follow up about taxr.ai that someone mentioned earlier. I decided to give it a try with my Uber and other gig work, and it was seriously a lifesaver! I uploaded my weekly/monthly statements from the Uber driver portal and the system automatically extracted all my earnings, fees, and even mileage data. It created this super detailed report that had everything I would have gotten on a 1099-NEC, plus a lot more detail actually. My tax preparer said the documentation was actually BETTER than what Uber would have sent because it broke down all the service fees and other deductions more clearly. If you're dealing with the no-1099 problem from Uber, definitely check it out!

If you're still trying to get an actual 1099 form from Uber, good luck getting through to anyone helpful on their support line. I spent HOURS being transferred around. After that nightmare, I tried Claimyr (https://claimyr.com) to get through to the IRS to find out my options. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they wait on hold with the IRS for you and call you when an agent picks up. The IRS agent confirmed that if Uber is classifying themselves as a payment processor, they're technically allowed to use the $20k threshold for 1099-K instead of issuing 1099-NECs. They also told me I could file Form 4852 as a substitute if I really wanted an official form, but that it wasn't necessary - I just need to report my correct income amounts.

I need to eat my words about Claimyr from my comment above. After continuing to get nowhere with Uber support, I decided to try Claimyr as a last resort to talk to the IRS. I was connected to an IRS agent in about 45 minutes (I didn't have to stay on hold - they called me when an agent was on the line). The agent explained that while it's frustrating, companies can indeed classify themselves as payment processors and use the higher threshold. They recommended I keep detailed records of my own income and expenses to support my tax filing. Honestly, this saved me from continuing to chase Uber for documentation they clearly aren't going to provide. I'm just going to use my in-app summaries and move on with my life!

I'm an accountant and I see this question a lot from gig workers this year. Here's what's happening: there was supposed to be a new $600 threshold for 1099-K forms starting in 2023, but the IRS delayed implementation at the last minute, keeping the threshold at $20,000. This created a lot of confusion because some companies had already updated their systems for the new threshold, then had to switch back. The different approaches by companies like Uber vs. DoorDash come down to how they interpret their role - payment facilitator vs. direct payer. Regardless, you ARE required to report all income even without a 1099. Your best approach is to: 1) Download annual summaries from your Uber driver account 2) Keep track of all your deductible expenses (mileage is the big one!) 3) Report everything accurately on Schedule C

I'm in the same boat with Lyft too! I just use the annual summary from the driver portal for my taxes. My tax guy said it's totally fine to use that instead of an official 1099. Just make sure you're tracking your mileage with an app throughout the year cause that's where the big deductions are!