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Miguel Ortiz

Reporting income from money I loaned to a friend for house flipping

I gave my buddy some money to help him flip a house. Our handshake agreement was that I'd get 25% of whatever profit he made after all expenses. Well the flip went better than expected and he just gave me around $12,000 as my cut. The thing is, he's already dealing with the capital gains taxes on the full profit from the sale, but my name wasn't on any paperwork or docs related to the property. I'm trying to figure out the right way to handle this on my taxes. Do I need to file a Schedule C and treat this as business income? Or could this technically be considered a gift from him since we didn't have any formal contract? I know gift amounts under $18K aren't taxable, so that would be ideal, but I want to do this the right way. Anyone dealt with something similar before?

Zainab Omar

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This is an interesting situation! The IRS looks at the substance of transactions rather than just the form. Even though you had an informal agreement, the fact that the payment was based on a percentage of profits strongly suggests this wasn't a gift but rather compensation for your investment. Since you provided capital with an expectation of return based on performance, this would likely be considered investment income rather than business income. You probably don't need a Schedule C unless you're regularly in the business of lending money. Instead, this would typically be reported as "Other Income" on Schedule 1, Line 8z, with a brief description like "investment return" or "private lending income." The gift argument would be difficult to sustain upon examination since there was a clear expectation of return based on the house flip's performance. A true gift is given with no expectation of getting anything in return.

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Connor Murphy

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But if there's no paperwork and it was just a verbal agreement between friends, couldn't they just call it a gift and avoid the taxes? I mean, how would the IRS even know?

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Zainab Omar

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The lack of paperwork doesn't change the nature of the transaction. The IRS defines gifts as transfers made out of "detached and disinterested generosity" - your arrangement clearly had an expected return based on performance, making it an investment. If audited, the IRS would look at the circumstances - a payment that corresponds exactly to 25% of profits from a business venture rarely meets the definition of a gift. While it's true they might not know about the transaction, intentionally misclassifying income to avoid taxes is tax evasion. Better to report it properly as investment income and stay compliant.

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Yara Sayegh

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NebulaNova

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Paolo Conti

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Another important angle to consider: if your friend reported this transaction somewhere on his taxes (which he likely did if he's deducting your payment from his profits), then the IRS computer system might flag the mismatch if you don't report it as income. Their systems are designed to notice when one person's deduction doesn't show up as income on someone else's return. I think others are right that this is investment income, not business income, unless you're regularly lending money as a business activity. And definitely not a gift given the clear profit-sharing arrangement.

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Miguel Ortiz

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That's a really good point about the potential mismatch. Would the investor's name and SSN actually appear on any of the flipper's tax documents though? Since I wasn't officially on any paperwork for the property, I'm curious how the IRS would connect the dots.

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If your friend is treating this properly on his end, he might report the payment to you on a 1099-MISC or possibly a 1099-NEC if he considered you a contractor of sorts. Even without that, if he took a deduction for the payment to you as an expense against his capital gain, there's a risk the IRS could ask where that money went during an audit. While the IRS might not automatically connect the dots without a 1099, it creates risk for both of you if the transaction is treated inconsistently. The safest approach is reporting it as investment income on Schedule 1, which still avoids self-employment tax while keeping you compliant.

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I'm curious why nobody has mentioned the possibility of treating this as a capital gain? Since OP essentially invested in the house flip (albeit indirectly through his friend), couldn't this be considered a capital investment with a long or short-term gain depending on how long the money was invested? This might give you more favorable tax treatment than ordinary income if you held the investment for more than a year.

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I actually think this makes the most sense! If OP essentially invested in a property flip, it's basically a capital investment with a return. Would probably save money on taxes too compared to regular income.

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Emma Wilson

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Don't overthink this - just report it as "Other Income" on Schedule 1 and move on with your life. It's not self-employment income since you weren't actively involved in the business, and it's not a gift since there was an expected return. The key with situations like this is to make a reasonable, defensible choice and be consistent. The last thing you want is to get creative with tax reporting and then have to explain yourself later. People get in trouble with the IRS when they try to get too clever with borderline cases. Reporting as other income is straightforward, accurate, and won't raise any red flags.

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