Need to file?

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  • Super Mom
    Senior Member
    • Jun 2007
    • 1151

    #1

    Need to file?

    2nd guessing myself, never had this situation before. I know if there is any business income, people have to file for SE tax. In this case today, the people had a business loss and no other income except for social security. They don't need to file right??? I advised them to keep their records of business expenses, mileage, etc... Did I do this right?
  • JohnH
    Senior Member
    • Apr 2007
    • 5339

    #2
    If they don't file, the SOL never runs. That could be a problem if there are questionable expenses, missing income, or other factors which alter the business income/loss in any meaningful way. If they do file, then any potential problem goes away after 3 years.
    "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

    Comment

    • Super Mom
      Senior Member
      • Jun 2007
      • 1151

      #3
      You mean the NOL? These people won't need that I don't think!

      Comment

      • taxmom34
        Senior Member
        • Nov 2008
        • 732

        #4
        I believe that income for filing requirement for self employed or business is $400 before deductions.

        Comment

        • Super Mom
          Senior Member
          • Jun 2007
          • 1151

          #5
          What I am reading from the IRS says net self employment earnings of over $400, that would be after COGS right?

          Comment

          • JohnH
            Senior Member
            • Apr 2007
            • 5339

            #6
            Originally posted by Super Mom
            You mean the NOL? These people won't need that I don't think!
            No, I meant the SOL (Statute of Limitations).
            There is always some benefit to knowing there is finality, especially if the client is relying upon our advice.
            I'm VERY reluctant to ever tell a client they don't have a filing requirement.
            "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

            Comment

            • New York Enrolled Agent
              Senior Member
              • Nov 2006
              • 1531

              #7
              Originally posted by Super Mom
              2nd guessing myself, never had this situation before. I know if there is any business income, people have to file for SE tax. In this case today, the people had a business loss and no other income except for social security. They don't need to file right??? I advised them to keep their records of business expenses, mileage, etc... Did I do this right?
              Your question CANNOT be answered without knowing the "numbers".

              What were the gross receipts from the business, the COGS and the other business operating expenses?

              The $400 net-earnings threshold under ยง6017 is an additional filing requirement in addition to the filing requirements in ยง6012.

              Comment

              • BOB W
                Senior Member
                • Jun 2005
                • 4061

                #8
                If the gross proceeds are $400 or more the T/P must file a return per IRS. Then on the return it will show a profit or loss. If there is any activity in the business a return should be filed regardless. A final business return should be marked if the business is ending.
                This post is for discussion purposes only and should be verified with other sources before actual use.

                Many times I post additional info on the post, Click on "message board" for updated content.

                Comment

                • RitaB
                  Senior Member
                  • Jul 2008
                  • 1382

                  #9
                  Regarding Filing Threshold

                  Originally posted by Super Mom
                  What I am reading from the IRS says net self employment earnings of over $400, that would be after COGS right?
                  Regarding filing threshold, you might use Line 7 of Sch C, yes.

                  But you don't know that they will never need that NOL. Do the return and get paid. I would never advise a client not to file. Especially one with a business.

                  Last edited by RitaB; 10-14-2016, 10:55 AM.
                  If you loan someone $20 and never see them again, it was probably worth it.

                  Comment

                  • New York Enrolled Agent
                    Senior Member
                    • Nov 2006
                    • 1531

                    #10
                    Originally posted by BOB W
                    If the gross proceeds are $400 or more the T/P must file a return per IRS.
                    Gross Proceeds?? Do you mean sales or gross receipts? If yes, then you are not correct. If no, what do you mean by gross proceeds?

                    Comment

                    • Super Mom
                      Senior Member
                      • Jun 2007
                      • 1151

                      #11
                      Originally posted by New York Enrolled Agent
                      Gross Proceeds?? Do you mean sales or gross receipts? If yes, then you are not correct. If no, what do you mean by gross proceeds?
                      It is net earnings of $400 or more, right?

                      Comment

                      • New York Enrolled Agent
                        Senior Member
                        • Nov 2006
                        • 1531

                        #12
                        Originally posted by Super Mom
                        It is net earnings of $400 or more, right?
                        Yes

                        But the net earnings requirement doesn't fully answer the filing requirement question. YOU need to answer the questions I gave to you.

                        The mere fact that the taxpayer had a loss at the end of the Schedule C does not establish whether or not they have a filing requirement. YOU need to provide the "numbers".

                        Comment

                        • BOB W
                          Senior Member
                          • Jun 2005
                          • 4061

                          #13
                          IRS does not know what the earnings are unless a return is filed. But if the Sales on a 1099 shows $400 or more a return must be filed because of the SE threshold of $400. On the other hand, if there is no 1099 issued then the IRS does not know of the filing requirement to satisfy SE tax.
                          This post is for discussion purposes only and should be verified with other sources before actual use.

                          Many times I post additional info on the post, Click on "message board" for updated content.

                          Comment

                          • Super Mom
                            Senior Member
                            • Jun 2007
                            • 1151

                            #14
                            no 1099---avon sales

                            Comment

                            • New York Enrolled Agent
                              Senior Member
                              • Nov 2006
                              • 1531

                              #15
                              Originally posted by BOB W
                              But if the Sales on a 1099 shows $400 or more a return must be filed because of the SE threshold of $400.
                              Sorry, but unless the Ronkonkoma, LI area has different rules, there is NO requirement to file a tax return, merely because there are $400 in sales.

                              What the IRS knows or likes or whatever does not determine the requirement to file a tax return. The Internal Revenue Code does that. I would suggest you read IRC ยงยง 6012(a) and 6017 - they give the basic rules for to determine if a return is required to be filed based the facts posted in this thread.

                              Comment

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