1099-misc

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  • David P Richards
    Junior Member
    • Apr 2020
    • 1

    #1

    1099-misc

    My Clint got 1099-MISC box 7 for her income She got this as a internship from a college non profit . can this be filed other pay or must file schedule C?
  • Burke
    Senior Member
    • Jan 2008
    • 7068

    #2
    It can be listed as Other Income on Line 21, but she will still have to fill out Sche SE and pay the self-employment taxes. Your software should give you this option as to where to list it. Mine does. It doesn't matter whether the college is non-profit or not. It may matter if she is a student. See IRS Notice 2005-11.
    Last edited by Burke; 04-08-2020, 12:02 PM.

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    • Rapid Robert
      Senior Member
      • Oct 2015
      • 1983

      #3
      I would think a paid intern, almost by definition, would be an employee. Shame on the hiring organization for not setting this worker up correctly. Taxpayer might consider filing Form 8919 along with SS-8 so as not to be liable for employer's share of FICA tax.
      "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
      "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

      Comment

      • Rapid Robert
        Senior Member
        • Oct 2015
        • 1983

        #4
        Originally posted by FEDUKE404
        IIRC, "wages" paid to interns at certain institutions of higher learning are **NOT** subject to FICA/Medicare withholding.
        I'm well aware of that, given the number of basic payroll classes I've co-presented locally on behalf of the IRS Stakeholder Liaison. There is a handy chart in one of the Pub 15-A-B series that gives details of when this applies, such as whether or not the worker has to be a full time student.

        But at least you concede that it is probably wages. There is a big difference between a correctly classified employee receiving a W-2 with no Box 3 or 5 amounts, and an incorrectly classified worker receiving a 1099-MISC.
        Last edited by Rapid Robert; 04-08-2020, 07:58 AM.
        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
        "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

        Comment

        • Dude
          Senior Member
          • Dec 2018
          • 360

          #5
          Originally posted by David P Richards
          My Clint got 1099-MISC box 7 for her income She got this as a internship from a college non profit . can this be filed other pay or must file schedule C?
          Just file the schedule C
          "Dude, you are correct" Rapid Robert

          Comment

          • Burke
            Senior Member
            • Jan 2008
            • 7068

            #6
            Reason for listing on Line 21 and not Sche C has to do with states who check these for business taxes. Sche C implies she has a business.

            Comment

            • ttbtaxes
              Senior Member
              • Jan 2011
              • 580

              #7
              The internship might not rise to the level of a trade or business and thus not be subject to SE tax. The July edition of the 2009 Journal of Accountancy has some good examples of what constitutes a "regular, frequent, and continuous" activity.

              Comment

              • Rapid Robert
                Senior Member
                • Oct 2015
                • 1983

                #8
                What is missing here is the notion that it is the TAXPAYER's decision how to proceed once informed of the options. Just because a preparer has bigger fish to fry or feels that just filing a Schedule C is easier, is not a reason to not offer the available options to the taxpayer, and then send them somewhere else if they want to file a return that's too complicated for you to handle.
                "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
                "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

                Comment

                • Dude
                  Senior Member
                  • Dec 2018
                  • 360

                  #9
                  Originally posted by Rapid Robert
                  What is missing here is the notion that it is the TAXPAYER's decision how to proceed once informed of the options. Just because a preparer has bigger fish to fry or feels that just filing a Schedule C is easier, is not a reason to not offer the available options to the taxpayer, and then send them somewhere else if they want to file a return that's too complicated for you to handle.
                  OP indicated this is an internship, maybe the intern would like to work full time for the employer one day. Maybe advising someone to tell their employer they should not be categorized as an independent contractor will cost them their job and any future opportunity to be hired as they will be deemed a troublemaker. That is the type of advice I would give

                  Just file the schedule C
                  "Dude, you are correct" Rapid Robert

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