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Software Club 210: Light Red
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1997-01-01
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@188 CHAP 4
┌─────────────────────────────────────────────┐
│ 1099s AND OTHER TAX INFORMATION RETURNS │
└─────────────────────────────────────────────┘
As a general rule, every person engaged in a trade or
business must report to the IRS any payments of $600 or more
made to any person during the calendar year, for items such
as rent, compensation for services, commissions, and
annuities, plus other items of "fixed or determinable"
income, or to report interest, dividend, or royalty payments
of $10 or more.
In addition, recent legislation by Congress has added a
number of additional new tax reporting requirements you
need to be aware of (since there are also stiff new
penalties for failure to comply). The IRS has been given
additional staffing and ordered to vigorously enforce the
reporting rules. In addition to computerized document
matching programs at IRS Service Centers, field revenue
agents are now routinely checking on information return
compliance as part of their tax audits.
Failure to properly issue (to recipients) and file
information returns may result in serious penalties. In
most cases, the penalty is up to $50 for each failure to
file a timely information return (including failure to
file on magnetic media where required or to file returns
that are machine-readable). A reduced penalty of $15
applies to returns filed late, but within 30 days of the
due date, or a reduced penalty of $30 applies if over 30
days late but filed by August 1 of the year in which due.
Also, each failure to furnish the recipient a copy of the
statement on time can result in a further $50 penalty.
Some of the more common information return filing
requirements for a typical small or medium-sized business
are summarized below:
_____________________________________________________________
FORM NUMBER AND WHAT IS DUE DATES:
TYPE OF TRANSACTIONS REPORTED? TO TO IRS
REPORTED (THRESHOLD AMT.) RECIPIENT
__________________________ ______________ _______ _______
FORM 1098 -- Statement of $600 or more Jan. 31 Feb. 28
mortgage interest for (To payor)
interest received by a
trade or business from
individuals
────────────────────────── ────────────── ─────── ───────
FORM 1099-B -- Statement Any amount Jan. 31 Feb. 28
for recipients of proceeds
from real estate, broker
and barter exchange
transactions
────────────────────────── ────────────── ─────── ───────
FORM 1099-DIV -- Statement $10 or more Jan. 31 Feb. 28
for recipients of dividends ($600 in
and distributions on stock. the case of
Also report liquidating liquidations)
distributions and backup
withholding
────────────────────────── ────────────── ─────── ───────
FORM 1099-INT -- Statement $10 or more Jan. 31 Feb. 28
for recipients of interest
income (and backup
withholding)
────────────────────────── ────────────── ─────── ───────
FORM 1099-MISC -- $600 or more Jan. 31 Feb. 28
Statement for recipients ($10 for
of miscellaneous income, royalties, or
including payments of rent, $5,000 received
prizes &awards, gross from a direct
royalty payments, seller)
non-employee compensation.
Also used to report sales
to direct sellers of
consumer items (Amway,
Shaklee, etc.)
────────────────────────── ────────────── ─────── ───────
FORM 1099-OID -- Statement $10 or more Jan. 31 Feb. 28
for recipients of original
issue discount
────────────────────────── ────────────── ─────── ───────
FORM 1099-R -- Statement Any amount Jan. 31 Feb. 28
for recipients of total
distributions from
retirement plans, IRAs,
insurance contracts or
the like
────────────────────────── ────────────── ─────── ───────
FORM 1099-S -- Statement Any amount Jan. 31 Feb. 28
for recipients of proceeds
from real estate
transactions
────────────────────────── ────────────── ─────── ───────
FORM 8027 -- Employers' (Perform Jan. 31 Feb. 28
annual information return calculations (On Form
of tip income and on the form) W-2)
allocated tips for tips
reported by employees and
allocated tips from food/
beverage establishment
────────────────────────── ────────────── ─────── ───────
FORM 8300 -- Report of Over $10,000 Jan. 31 15 days
cash payments that are after
received by a trade a occurs
business (including
multiple related
transactions)
────────────────────────── ────────────── ──────── ───────
FORM 8308 -- Report of a All sales or Jan. 31 Attach
sale or exchange of an exchanges of (To both to Form
interest in a partnership, partnership the 1065
involving certain interests transferor
unrealized receivables and
or substantially transferee)
appreciated inventory
assets
────────────────────────── ────────────── ─────── ───────
FORM W-2 -- Wage and tax Any amount Jan. 31 Feb. 28
statement for wages, tips
and other compensation
paid to employees, and
income and FICA taxes
withheld
────────────────────────── ────────────── ─────── ───────
FORM W-2P -- Statement for Any amount Jan. 31 Feb. 28
recipients of annuities,
pension and other
retirement payments,
except for total
distributions
____________________________________________________________
The 1099 series of information returns must generally be
filed together with a transmittal form, Form 1096.
OBTAINING SOCIAL SECURITY NUMBERS. Recently enacted laws
make it necessary for a business to obtain the name and
Social Security number or other tax identification number
of anyone to whom you make payments that you must report.
There is a $50 penalty for failure to obtain their tax
identification number, unless you have a reasonable excuse
(such as their refusing to give you their number). If
they refuse to give you their number, YOU MUST WITHHOLD
20% OF WHATEVER AMOUNT YOU OWE THEM, AND DEPOSIT IT WITH
THE IRS, OR YOU WILL BE SUBJECT TO A PENALTY FOR FAILURE
TO WITHHOLD. Use Form W-9 to request a tax I.D. number
from a recipient.
Fortunately, there are a number of exemptions from the
various 1099 filing requirements listed above, which will
eliminate many of the people or companies to whom you are
likely to make payments of $600 (or other threshold amount)
or more. You don't have to report the following payments:
. To corporations (except certain corporations in the
medical field);
. Compensation to employees that is already reported
on their W-2s;
. Bills for merchandise, telegrams, telephone, freight,
storage, and similar charges;
. Rent payments made to real estate agents;
. Expense advances or reimbursements to employees that
the employees must account to you (the employer) for;
or
. To a governmental unit.
ELECTRONIC FILING REQUIREMENTS. Note that the IRS permits
you to file 1098 and 1099 forms (as well as certain other
information returns) on "magnetic media" (computer tapes,
etc.) or by modem, rather than the actual paper forms, if
certain very specific formats for the computer information
are met. The IRS REQUIRES that certain information returns
be filed electronically, if your business files 250 or more
such returns for a calendar year. These include Form 1098,
all of the 1099 series and W-2 series of information returns,
and various others, such as Forms 5498 and 8027.
A "hardship waiver" to excuse you from having to file in
magnetic media format may be granted if you file a request
on Form 8508 at least 90 days in advance of the due date,
under certain circumstances.
Failure of a taxpayer to file an information return
electronically (or on a machine-readable form where
electronic filing is not required) when required to do
so is treated as a FAILURE TO FILE and can result in the
imposition of ap