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March 11, 2022
Question

1099 NEC for working interest (gas / oil). It is not considered self employment so how to I deduct WI expenses? The amount report in Box 1 does account for expenses.

  • March 11, 2022
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March 11, 2022

It depends whether it is a working interest or royalties when determining the correct way to report the income.

 

If you are an independent contractor or self-employed in a business related to a working interest in the oil or gas, you must report the royalty income on Schedule C instead of Schedule E and generally will be subject to self-employment tax. If your royalty is a working interest, the income is listed in Box 1, Form 1099-NEC.

 

Expenses are allowed on either form (Schedule C or Schedule E).

 

If you believe it is royalty Income instead of a working interest then you can use Form 1099-MISC to enter in Box 2, Royalties, with the amount reported on the 1099-NEC as if it was reported on Form 1099-MISC.  TurboTax takes specific form information to the tax return (Schedule E) but the only way to get the royalty income on Schedule E is to enter the amount as if it were reported on a 1099-MISC.  

 

Entering the income reported on a 1099-MISC instead if a 1099-NEC could end up generating a letter from the IRS because the income wasn't reported on Schedule C. 

 

You can be prepared for this easy explanation that the royalty income reported on Schedule E was incorrectly reported on Form 1099-NEC.  Because it was royalties and not a working interest, it was reported correctly.

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March 11, 2022

Thank you Diane!

It is always so confusing! This is the first year receiving 1099-NEC. We also receive a 592-B (Nonresident Withholding Tax Statement which “Rents or Royalties” is check as the type of income. However on the 1099 - NEC it is WI. We are not self employed. The WI expenses are approximately 50% of the Gross amount.  Thank you for any insight!