Maeda Palius
November 23, 2012

The IRS requires 1096 and 1099 to be issued. No ifs ands or buts about it

Every person engaged in a trade or business, including partnerships and nonprofit organizations, must file information returns for each calendar year for certain payments made during such year in the course of the payor’s  trade or business. The IRS requires 1096 and 1099 to be issued.  Click here to Download Pdf

The general information reporting requirement for payments of $600.00 or more does not apply to persons who receive rental income from real estate who are not otherwise engaged in the trade or business of renting property. Prior to repeal, for payments made after December 31, 2010, a person receiving rental income from real estate was considered to be engaged in a trade or business of rental property, and thus was required to file the appropriate information returns for reportable payments of $60000 or more that he or she made in the course of that business. This reporting requirement did not apply to an individual, however, if: (1) substantially all rental income was from temporarily renting the individual’s principal residence; (2) the individual received only a minimal amount of rental income; or (3) the reporting requirements caused hardship for the individual (Code Sec. 6041(h), stricken by the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (P.L. 112-9).

The expansion after 2011 of the general requirement for information reporting by all persons engaged in a trade or business who make payments in any tax year aggregating $600.00 or more to a single payee to include payments made a corporation, but not payments to a tax-exempt corporation, has been repealed (Code Sec. 6041(i), stricken by P.L. 112-9). Similarly, expansion of the class of payments for which reporting is required to include all amounts paid in consideration for property, and other gross proceeds for both property and services, has been repealed (Code Sec. 6041(a), as amended by P.L. 112-9).

In addition, the post-2012 requirement that certain payments by government entities for goods or services, which were to be subject to three –percent withholding, be subject to  information reporting, has also been repealed (Code Sec. 2302(t), stricken by the 3%  Withholding Repeal and Job Creation Act (P.L. 112-56).

The following information returns are among those currently being filed:

Form 1098. Persons file this form if the receive $600.00 or more in mortgage interest from an individual in the course of a trade or business. Points paid directly by a borrower (including seller-paid points) for the purchase of a principal residence must be reported on Form 1098. Refunds and reimbursement of overpaid mortgage interest, and mortgage insurance premiums of $600.00 or more must also be reported on Form 1098 (Reg. 1.6050H-2).

Form 1099-A. Persons who lend money in connection with their trade or business and, in full or partial satisfaction of the debt, acquire an interest in property that is security for the debt must file this form. The form must also be filed if the person has reason to know that the property securing the debt has been abandoned.

Form 1099-B. Brokers are to use this form to report sales (including short sales) of stock, bonds, commodities, regulated futures contracts, foreign currency contracts, forward contracts, and debt instruments. LA broker that holds shares for a customer in a corporation that the broker knows or has reason to know has engaged in a transaction of acquisition of control or substantial change in capital structure must also file the form. Barter exchanges are to use the form to report exchanges for property or services through the exchange, but are not required to file for transactions involving property services with a fair market value of less the $1.00 (Notice 2000-6). For 2012 transactions

Form 1099-DIV. Corporate payors file this form for each person:

(1)   to whom payments of $10 or more in distributions, such as dividends, capital gains, or nontaxable distributions, were made on stock;

(2)   for whom any foreign tax was withheld and paid on dividends  and on other distributions on stock if the recipient can claim a credit for the tax;

(3)   for whom  any federal income tax was withheld under the4 backup withholding rules; or

(4)   to whom payments of $600 or more were made as part of liquidation.

S corporations use this form only to report distributions made during the calendar year out of accumulated earnings and profits.

Form 1099-INT. Payors file this form for each personal to whom payments of $10 or more in interest were paid, including interest on bearer certificates of deposit and interest on U.S. Savings bonds, Treasury bills, Treasury notes, and Treasury bonds. Interest of $600 or more is also reportable if paid for a person in the course of a trade or business, such as interest on delayed death benefits paid by a life insurance company, interest received with damages, or interest on a state or federal income tax refund. Form 1099-INT must also be filed to report interest of $10 or more (other than original issue discount) accrued to a real estate mortgage investment conduit (REMIC), a financial  asset securitization investment trust (FASIT) regular interest holder, or a holder of a collateralized debit obligation (CDO). Additionally, trustees and middlemen of WHFITs must report the gross amount of interest exceeding $10 that is attributable to a TIH for the calendar year on the form.

Form 1099-K. For sales made on or after January 1, 2012, banks and other processors of merchant payment card transactions (e.g., credit and debit cards and internet payment systems) must use this form to report a merchant’s annual gross payment card receipts to the IRS and to the merchant (Code Sec. 6050W; Reg. 1.6050-1, 1.6050W-2). Reporting is only required if the aggregate value of third-party network transactions for a merchant is $20,000 or more for the calendar year and if the aggregate number of transactions is 200 or more.

Form 1099- MISC. This form is filed by payors for each personal to whom a least $10 in gross royalty payments or broker payments in lieu of dividends or tax-exempt interest, or $600 for rents or services in the course of a trade or business, was paid.  Some of the items reported on this form are:

(1)   payments for real estate and pasture rentals;

(2)   royalties paid to authors;

(3)   prizes and awards that were not paid for services rendered;

(4)   amounts withheld as backup withholding;

(5)   compensation such as fees, commissions and awards, and golden parachute payments paid to nonemployee for services, including payments to attorneys for legal services (Code Sec. 6045(f);

(6)   notification of the occurrence of sales of $5,000 or more of consumer products to a person on a buy-sell or commission basis for resale anywhere other than in a permanent retail establishment;

(7)   fish purchase of $600 or more paid in cash for resale (Code Sec. 6050R);

(8)   crop insurance proceeds of $600 or more; and

(9)   any deferrals for the year under a nonqualified deferred compensation plan (Code Sec. 6041(g).

For 2012 payments, this form must be furnished to recipients by February 15, 2013, if substitute payments in lieu of dividends or tax-exempt interest are being reported in box 8, or gross proceeds paid to an attorney are being reported in box 14.

Form 1099-R. Payors file this form to report any distribution of $10 or more from retirement or profit sharing plans, individual retirement arrangements (IRAs), simplified employee pensions (SEPs), annuities or insurance contracts. 

Form 1099-S. this form is used to report the sale or exchange of real estate, as well as the real property taxes imposed on the purchaser of a residence, Included are sales or exchanges of residence, land (including air space), commercial buildings, condominium units, stock in cooperative housing corporations, and noncontingent interest in standing timer (i.e. timber that is sold or exchanged for lump-sum payments not based on the amount of timber actually cut). The form must be filed by the person responsible for closing the real estate transaction or, if no such person exists, by the mortgage lender, the transferor’s broker, the transferee’s broker or the transferee, in that order. Payments of timber royalties under a “pay-as-cut” contract are also reported on the form. For 2012 transactions, this form must be furnished to recipients by February 15, 2012.

Forms 3921 and 3922. These forms must be filed by a corporation to report certain stock transfers to an employee. Form 3921 is used to report a transfer of stock pursuant to an employee’s exercise of an incentive stock option. Form 3922 is used to report a transfer of stock pursuant to an employee’s exercise of an option granted under an employee stock purchase plan where the exercise price is less than 100 percent of the value of the stock, or is not fixed or determinable, on the date grant.

Form 5498. This form is filed by the account trustees for each persona for whom an IRA (including a deemed IRA) or a simplified employee pension (SEP) was maintained. Contributions made during the year to the IRA (including rollover contributions and contributions under a SEP plan ) and the fair market value of the IRA or SEP account December 31 must be reported here. Form 5498 is due by May 31 of the year following the year of contribution.

Form 8027. Each employer that runs a “large food or beverage establishment” must bile an annual return of the receipts from food or beverage operations and tips reported by employees. In addition, in t certain circumstances, the employer is required to allocate amounts as tips to employees. Establishments filing 250 or more Form 8027 must file electronically (Rev. Proc. 2008-34).

Form 8300. Each person engaged in a trade or business who, in the course of such trade or business, receives more than $10,000 in cash in one transaction (or two or more related transactions) must file this form. The form is to be filed with the IRS by the 15th day after the transaction, and a similar statement is to be provided to the payor on or before January 31 of the calendar year following the year of receipt

Form W-2. This form is to be furnished to both the social Security Administration and the recipient. Employers use the form to report wages, tips, other compensation, and withheld income and FICA taxes. Bonuses, vacation allowances, severance pay moving expense payments, some kind of travel allowances and third-party payments of sick pay are included. For Forms W-2 filed for the 2012 tax year (the 2013 tax year for small employers), employers are required to use the form to report the aggregate cost of certain  employer-sponsored health coverage provided to employees (2567) (Code Sec. 6051(a)(14).

Due Dates. Unless otherwise specified, the above information returns for 2012 are to be provided to the IRS by February 28, 2013, and to recipients by January 31, 2013. Form W-2 is to be provided to the Social Security Administration by February 28, 2013, and to recipients by January 31, 2013. The due date for electronically filing information returns with the IRS, and for electronically filing Form W-2 with the Social Security Administration is April 1, 2013 (March 31, 2013, is on a Sunday) (Code Sec. 6071(b); Reg. 31.607(a)-1(a)(3)(i). Form 8809 is used to request an automatic 30-day extension of time to file Forms 1098,1099, W-2G, 1042-S, 5498 and 8027 with the IRS or Form W-2 with the Social Security Administration. One additional 30-day extension may also be obtained by filing for 8809 before the expiration of the first 30-day extension, but the requester must explain in detail why additional time is needed. Form 8809 cannot be used to request an extension of time to furnish required statements to recipients.

Other Information Returns. Other information returns are required with respect to:

(1)   a U.S. person’s acquisition of, or change of interest  in, a foreign partnership (Code Sec. 6046A);

(2)   cases of liquidation or dissolution of a corporation, including an exempt organization (Code Sec. 6043);

(3)   corporate recapitalizations (Code Sec. 6043);

(4)   corporate mergers and acquisitions (Code Sec. 6046);

(5)   organizations or reorganizations of foreign corporations (Code Sec. 6046);

(6)   creation of or transfers to foreign trusts, or the death of a U.S. citizen or resident who had been treated as the owner of, or whose estate included any portion of, a foreign trust, or any other information required by the IRS to be reported by a U.S. person treated as owner of a foreign trust (Code Sec. 6048);

(7)   U.S. persons who own internets in foreign  partnerships or corporations (Code Sec. 6038B);

(8)   U.S. persons who transfer property to foreign partnerships or corporations (code Sec. 6038B);

(9)   Payors of long-term care benefits (Code Sec. 6050Q);

(10) U.S. persons (other than tax-exempt organizations ) that receive foreign gifts during the tax year totaling more than $10,000 ($14,375 in 2011;$14,723 in 2012) (Code Sec. 6039F);

(11) Individuals who lose citizenship, and long-term residents who terminate residency in the United States (Code Sec. 6039G);

(12) Alaska native Settlement Trusts (Code Sec. 6039H);

(13) Dispositions by charitable donees within three years of donated property with a value in excess of $5,000, and, also, charitable donees of intellectual property (Code Sec. 6050L);

(14) Employer-owned life insurance contracts issued after August 17, 2006 (Code Sec. 6039l);

(15) Charges or payments made for qualified long-term insurance contracts under combined arrangements (Code Sec. 6050U).

In addition, the head of each federal executive agency generally must file forms 8596 and 8596-A on a quarterly basis stating the name, address, and taxpayer identification number (TIN) of each personal to whom the agency entered into a contract during the calendar year. An agency may also be required to file Form 1099-MISC if in the course of a trade or business it pays remuneration of 4600 or more in a calendar year to any person or services provided by that person (Code Secs. 6041A and 6050M; Rev. Rul. 2003-66).

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