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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 require-
ments you need to be aware of (since there are also stiff new penal-
ties 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 informa-
tion 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 re-
turns 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 TYPE OF WHAT IS REPORTED DUE DATES
TRANSACTIONS REPORTED (THRESHOLD AMT.) TO RECIPIENT TO IRS
___________________________ ________________ ____________ _______
FORM 1098 -- Statement of $600 or more January 31 Feb. 28
mortgage interest for inter- (To payor)
est received by a trade or
business from individuals
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-B -- Statement Any amount January 31 Feb. 28
for recipients of proceeds
from real estate, broker &
barter exchange transactions
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-DIV -- Statement $10 or more January 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 January 31 Feb. 28
for recipients of interest
income (and backup with-
holding)
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-MISC -- Statement $600 or more January 31 Feb. 28
for recipients of miscel- ($10 for royal-
laneous income, including ties, or $5,000
payments of rent, prizes & received from
awards, gross royalty pay- direct seller)
ments, non-employee compen-
sation. Also used to report
sales to direct sellers of
consumer items (Amway, etc.)
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-OID -- Statement $10 or more January 31 Feb. 28
for recipients of original
issue discount
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-R -- Statement Any amount January 31 Feb. 28
for recipients of total
distributions from retire-
ment plans, IRAs, insurance
contracts or the like
─────────────────────────── ──────────────── ──────────── ───────
FORM 1099-S -- Statement for Any amount January 31 Feb. 28
recipients of proceeds from
real estate transactions
─────────────────────────── ──────────────── ──────────── ───────
FORM 8027 -- Employers' (Perform calcu- Jan. 31 (on Feb. 28
annual information return lations on form) Form W-2)
of tip income and allocated
tips for tips reported by
employees and allocated
tips from a food/beverage
establishment
─────────────────────────── ──────────────── ──────────── ───────
FORM 8300 -- Report of cash Over $10,000 January 31 15 days
payments that are received after
by a trade a business (in- trans-
cluding multiple related action
transactions)
─────────────────────────── ──────────────── ──────────── ───────
FORM 8308 -- Report of a All sales or Jan. 31 (To Attach
sale or exchange of an in- exchanges of both the to Form
terest in a partnership, partnership transferor & 1065
involving certain unreal- interests transferee)
ized receivables or sub-
stantially appreciated
inventory assets
─────────────────────────── ──────────────── ──────────── ───────
FORM W-2 -- Wage and tax Any amount January 31 Feb. 28
statement for wages, tips
and other compensation paid
to employees, and income &
FICA taxes withheld
─────────────────────────── ──────────────── ──────────── ───────
FORM W-2P -- Statement for Any amount January 31 Feb. 28
recipients of annuities,
pension and other retire-
ment payments, except 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 em-
ployees must account to you (the employer) for; or
. To a governmental unit.
MAGNETIC MEDIA 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.) rather than the actual paper
forms, if certain very specific formats for the computer tape or disk
are met. The IRS REQUIRES that certain information returns be filed on
magnetic media, 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 on magnetic media
(or on a machine-readable form where magnetic media filing is not
required) when required to do so is treated as a FAILURE TO FILE and
can result in the imposition of applicable penalties for failure to
file, as noted above.
@CODE: CA
California has a whole body of tax information reporting requirements
practically identical to those for the IRS Form 1099 series of infor-
mation returns. Until recently, California had its own series of
information returns (Form 599 series). However, those forms were dis-
continued in 1987, and taxpayers may now file copies of federal 1099
forms with the state instead. Form 596 is still used to transmit these
information return forms, rather than federal Form 1096. Be aware that
California also has magnetic media filing requirements similar to those
of the federal law.
Effective as of 1991, trades and businesses in California receiving
cash payments in excess of $10,000 are required to file a copy of the
IRS information return, Form 8300, with the state Franchise Tax Board.
(Note that, under both federal and California law, "cash" now includes
most kinds of monetary instruments, including checks other than
personal checks. A copy of the federal Form 8300 must be filed with
the FTB within 15 days after the reportable transaction occurs.
@CODE:OF
@CODE: LS
@STATE requires all citizens to inform on each other, by filing
information returns. Violators are deported to Cuba.
@CODE:OF
@CODE: HI
Hawaii also requires businesses to file information returns (Form N-199
series). The rules are generally identical to the federal Form 1099
series filing requirements. A summary and transmittal of Forms N-199
for the preceding calendar year must be filed by the last day of
February, with Form N-196 (similar to federal Form 1096).
@CODE:EN
In addition to the requirement that you file 1099s with the IRS, you
may have to file similar state forms or copies of the federal 1099
forms with state taxing authorities.