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I had the exact same situation when I was bartending at a nightclub. Owner paid us through Venmo, then suddenly wanted to 1099 us all at tax time. The key factors the IRS looks at are: 1. Behavioral control - Did they control WHEN and HOW you worked? Sounds like yes. 2. Financial control - Did they set your pay rate and schedule? Sounds like yes. 3. Relationship - Was there an expectation of continued work? Two years sounds like yes. Don't just accept the 1099. I made that mistake and got hit with a $3,200 self-employment tax bill that should have been partially paid by the employer.
What happened after you got hit with the tax bill? Did you ever try to get it corrected or did you just pay it? I'm in a similar situation but with a restaurant that closed down, so I'm not even sure if the owner is still around to issue a corrected form.
I ended up paying it the first year because I didn't know any better. The second year, I filed the SS-8 form proactively and got a determination letter from the IRS saying I was indeed an employee. I took that to the owner, who initially resisted but changed his tune when I mentioned the potential penalties for misclassification. He issued a corrected W-2 for that year. For the previous year, I filed an amended return with the determination letter and got about $1,600 back. Even if your restaurant closed, you can still file the SS-8 and possibly get a determination that helps with your taxes. The owner being gone doesn't prevent the IRS from making a ruling on your status.
Does anyone know if getting paid through Cash App makes any difference for tax purposes? My understanding is that now with the new $600 reporting threshold, Cash App will issue 1099-Ks anyway, so maybe it doesn't matter if the hookah place sends a 1099 or not? I'm confused about how this all works together.
Getting paid through Cash App doesn't determine your worker status - that's based on the nature of your working relationship. However, you're right about the reporting change. Cash App (and similar payment services) are required to issue 1099-Ks for accounts receiving over $600 in payments for goods and services. This is separate from whether your employer issues a 1099-NEC or W-2. The IRS may notice if you receive a 1099-K from Cash App but don't report that income, regardless of whether you also get a 1099 or W-2 from the employer. So the income definitely needs to be reported either way, but the classification as employee vs. contractor determines HOW you report it and how much tax you pay.
Thanks for explaining! So if I'm understanding right, I could potentially get both a 1099-K from Cash App AND either a 1099-NEC or W-2 from my employer for the same income? That seems like it would cause confusion with the IRS. How would I make sure I'm not double-reporting the same income?
To add to what others have said, I'd recommend creating a detailed transaction log showing: 1) Initial USD to BTC purchase (date, amount, exchange) 2) BTC transfer to forex broker (date, amount, BTC value) 3) Conversion to fiat for forex trading (date, amount) 4) Summary of forex trading results (can be daily/weekly totals instead of every trade) 5) Conversion back to BTC (date, amount, BTC value) 6) Transfer back to exchange (date, amount, BTC value) This is essentially creating a paper trail that shows why the exchange 1099s don't tell the whole story. You'll want to report the actual forex trading results on Schedule 1 as Section 988 income/loss. The key is documenting everything thoroughly so if you're audited, you can clearly explain the discrepancy between the exchange reports and your actual tax situation.
This is extremely helpful, thank you! One question - when creating this transaction log, should I calculate the USD value of the BTC at each transfer point? Or just focus on the final gain/loss numbers?
Yes, you should definitely record the USD value of the BTC at each transfer point. This is crucial because the IRS considers each crypto-to-fiat or crypto-to-crypto exchange a potentially taxable event, and those values establish your cost basis. When you transfer BTC to your forex broker and convert to fiat, you technically have a taxable event based on whether your BTC gained/lost value since purchase. Then your forex trading creates separate taxable events. Finally, when converting back to BTC, there's another taxable event. Recording the USD values at each step creates a clear audit trail that properly separates the crypto transactions from the forex transactions.
Anyone know if the wash sale rule applies to forex trading? I had some losing trades that I closed out in December 2024, then opened similar positions in January 2025. My tax software is flagging them as potential wash sales but I thought forex was exempt?
Forex trades under Section 988 (which is the default for most retail forex traders) are NOT subject to wash sale rules. They're treated as ordinary income/loss rather than capital gains/losses. However, if you elected to use Section 1256 treatment (which most retail traders don't), then different rules would apply. Make sure you're consistent in your treatment though. You can't cherry-pick which trades fall under which section to maximize tax benefits.
Thanks for clearing that up! I've definitely been treating everything as Section 988 since I'm doing short-term day trading, so I should be good. I'll override the flag in my tax software and make a note explaining that these are forex trades under Section 988 and therefore exempt from wash sale rules.
Don't forget about these other potential deductions: - Professional development courses related to real estate - Business cards or marketing materials - Software subscriptions used for work (calendar apps, etc) - Portion of your health insurance premiums - Business meals (50% deductible when discussing business) My biggest advice is start a separate bank account or credit card just for business expenses. Makes tracking SO much easier at tax time!
Can I deduct Spotify if I use it to play music for open houses? Or is that stretching it?
That's actually a good question about Spotify. If you're using it exclusively for business purposes like open houses, you might be able to deduct it. However, if you also use it personally (which most people do), you would need to determine what percentage is for business use and only deduct that portion. Generally speaking, you need to be careful with these "dual-use" subscriptions. The safest approach would be to keep track of how many hours/days you use it specifically for open houses compared to personal use. But honestly, for something relatively small like a Spotify subscription, the record-keeping burden might outweigh the tax benefit.
Quick warning as someone who learned the hard way: make sure your broker actually classifies you as an independent contractor correctly. My "independent contractor" job turned out to be misclassified, and it created a huge tax mess. If they control when, where, and how you work, provide training, etc., you might legally be an employee. Just something to double-check!
From my experience running a similar platform for community theater ticket sales, I found the most important thing was documenting EVERYTHING. For each state where we operated, we: 1. Saved screenshots of the state's official guidance on educational/nonprofit event exemptions 2. Collected and filed appropriate exemption certificates from each organization 3. Kept detailed records of which transactions were taxed vs exempt and why This documentation saved us during a state audit in Pennsylvania, where the auditor initially questioned our exemption practices but ultimately accepted our thorough recordkeeping. Also, don't overlook local taxes! Some cities have their own amusement taxes on tickets that apply even when state sales tax doesn't.
Did you find any good way to automate the collection of exemption certificates? We're struggling with getting schools to promptly provide their exemption documentation, and it's creating a bottleneck.
We built a simple upload portal as part of our onboarding process where organizations couldn't list events until they uploaded their exemption certificates. We also created state-specific templates with instructions that made it easier for them to provide exactly what we needed. For schools specifically, we found that being very clear about the consequences of not providing documentation (i.e., we'd have to charge their students/parents sales tax) motivated them to respond faster. Most schools already have these certificates on file, so it's just a matter of getting the right person to share them.
Has anyone looked into the physical presence rules? I know marketplace facilitator laws typically create nexus, but I'm wondering if the fact that the events themselves are physically occurring in specific locations creates any additional tax obligations beyond just the ticket sales.
Great question about physical presence. While marketplace facilitator laws create nexus for the online sales portion, the physical location of events can indeed trigger additional tax considerations. In some states, there might be amusement taxes, entertainment taxes, or special venue taxes that apply based on where the event physically takes place. These are separate from sales tax on the tickets themselves and may have different filing requirements.
Elijah Brown
Just to add my experience - I had code 570 last year and it cleared on its own after about 2 weeks. For PATH Act returns they do extra verification which is why you see that code. It changed to 571 (which removes the 570 hold) right around February 16th, and my refund was deposited on February 22nd. As long as there are no other issues, you should be fine!
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Chloe Delgado
ā¢Thank you so much for sharing your experience! Did your WMR tool update before the deposit hit your account? Mine still shows the first bar even though the transcript has the 570 code.
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Elijah Brown
ā¢The WMR tool hardly ever updated correctly for me. It was still showing "return received" even after my refund was deposited! The transcript is much more accurate and reliable than WMR. If you check your transcript again in a week or so, you'll probably see the 571 code pop up, followed by code 846 with your refund date. That's the real indicator to watch for.
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Maria Gonzalez
One thing to remember about the PATH Act holds - they affect ALL returns with EITC/ACTC, even if you've been filing the same way for years without issues. The 570 code is just this year's way of marking returns subject to the hold. The first refunds for PATH Act returns won't go out until February 15th at the earliest, and many will be a few days after that. It's annoying but it's just how they try to prevent fraudulent claims.
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Natalie Chen
ā¢Does the hold still apply if you're only claiming a small EITC amount? I only qualified for about $340 in EITC this year, but my total refund is over $3,000 from withholding. Seems silly to hold the entire amount for such a small credit.
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