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My stepchildren have received 1099s from their dad's

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business, even though neither of...
My stepchildren have received 1099s from their dad's business, even though neither of them did any work for that business. Is that okay/legal? Do they have to add them to their taxes? Is there some sort of loophole that permits this?
Submitted: 2 years ago.Category: Tax
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2/17/2016
Tax Professional: Tax.appeal.168, Tax Accountant replied 2 years ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,652
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Q: Is that okay/legal? Do they have to add them to their taxes? Is there some sort of loophole that permits this?

A: No this is NOT ok. If they did not do any work for him, he had no business issuing them a 1099. As they did not work for their dad, they can report the income in their wages and then report it as a negative number on Line 21 of the Form 1040. They must attach an electronic explanation indicating that they did not work for their dad and the income should not have been reported. They have to report it, otherwise the IRS will come at them with penalties and interest. No, there is not a loophole that allows people to issue 1099-misc forms to people who did not work for them. The burden of proof is going to be on the stepchildren to prove that they did not work for their dad. Honestly, that was a crappy thing that he did.

Let me know if I can be of further assistance to you regarding this matter.

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