What happens if you collect unemployment benefits while making 1099 income?
Question Details:
I was under the impression that unemployment did not take 1099 misc income into consideration, so early in the year I worked for a few months doing small jobs as a independent contractor. I also had unemployment at the time. I am wondering if when the company sends the 1099 to the IRS if this will prompt the unemployment office to contact me regarding it. I have so many reasons for not thinking this was considered something to tell them about but I suppose none of it will matter. What is the chances I will do jail time? I have never done anything wrong before. Should I wait it out and see?
You are unlikely to do jail time, unless there is strong evidence that you intended to commit fraud--and even in that case, unless you're a repeat tax or financial offender, you'd still be unlikely to do jail time.
You may have to repay some of your unemployment, possibly with interest and penalties. Unemployment insurance takes cognizance of all employment income, whether as a W-2 or 1099 employee. You may not receive UI while employed in any capacity. Therefore, if you were working as an independent contractor, you should not have receiving UI at that time. (You can go to your state labor dept.'s website if you want to see the exact rules.)
Whether it's likely to come up at all, and hence whether you are likely to have to make repayment, etc. depends on whether the information comes to the unemployment office's attention. Government is, not to belabor the obvious, big; it is far from a given that the IRS or the state tax dept., on the one hand, and unemployment share information on any sort of regular or systematic basis.
Ideally, if you could afford to make restitution of those amounts of UI you should not have received, you should, though you should do so with the assistance of an attorney, to make sure that you receive the most favorable treatment possible.

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