Author Topic: Misc Income vs. Self employed income for referral fees  (Read 5534 times)

Blonde Lawyer

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Misc Income vs. Self employed income for referral fees
« on: February 06, 2016, 01:28:14 PM »
I have a pretty unique situation.  I refinanced my student loans with SoFi.  They had a deal where I got $100 for each person I got to sign up (and be approved) under my link.  I got enough people to sign up that got approved that they bumped me to $500 per sign up.  All I do is have the referral link in the signature block of my profile for a few different blogs I participate in (like this one).  I'm not going around trying to actually sell the service.

I ended up making $3500 this year doing just that! I put all of that money on my loan.  I knew I would have to pay taxes on it come tax time but I didn't think it would count as self-employment.  The 1099 they issued me has the income in box 7 instead of 3.  I did some online reading and it seems the IRS is taking a hard stance and a good look at any income claimed as Misc/box 3 instead of self-employed box 7.  I'd rather not trigger an audit.  However, the IRS opinions on similar income situations are all over the place.  There is one example where a bank gave customers a gift for referring a friend (which I feel is most analogous) and that was considered misc.  Someone who repeatedly donated plasma, however, was considered box 7, SE. 

I guess I include the link with the hopes of getting referrals, but I also include it because I truly am very happy with my refinance and I want other people to get away from the awful lenders I had previously been dealing with.  I would probably still preach it even if I didn't get money for it.  The purpose then seems to lean towards Misc.  But, it seems like the IRS also looks at frequency and this is more than a one time payment.

I have no problem paying the SE taxes if I owe them.  I just want to do this right and not pay them unless I do actually owe them.  Any advice?
« Last Edit: February 06, 2016, 01:30:39 PM by Blonde Lawyer »

MDM

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Re: Misc Income vs. Self employed income for referral fees
« Reply #1 on: February 06, 2016, 06:54:59 PM »
Definitely debatable.  If you were to stop referring people so this became a one year only thing, you would probably have a stronger case for Misc. 

Doing this for more than one year, and having SoFi recognize you for the quantity of your referrals, might tip the scales toward SE.

The silver lining is that you could then deduct your trips to MMM gatherings in Ecuador, etc., as legitimate business expenses. :)

GrowingTheGreen

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Re: Misc Income vs. Self employed income for referral fees
« Reply #2 on: February 06, 2016, 09:54:10 PM »
Gotta love accidental income.  Gotta hate taxes.