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RD
RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience:  CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
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WHO IS REQUIRED TO FILE FORM 1099

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Generally a payer issues Form 1099 MISC for payment of $600 or more to unincorporated entities in the ordinary course of his business during a year.

Here is an extract from the instructions for your reference-

File Form 1099-MISC, Miscellaneous Income, for each person to whom you have paid during the year:

  • At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest (see Box 8 on page 6);

  • At least $600 in rents, services (including parts and materials), prizes and awards, other income payments, medical and health care payments, crop insurance proceeds, cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish, or, generally, the cash paid from a notional principal contract to an individual, partnership, or estate;

  • Any fishing boat proceeds; or

  • Gross proceeds to an attorney.

Exceptions. Some payments are not required to be reported on Form 1099-MISC, although they may be taxable to the recipient. Payments for which a Form 1099-MISC is not required include:

  • Generally, payments to a corporation; but see Reportable payments to corporations below;

  • Payments for merchandise, telegrams, telephone, freight, storage, and similar items;

  • Payments of rent to real estate agents, but see Regulations section 1.6041-1(e)(5), Example 5;

  • Wages paid to employees (report on Form W-2, Wage and Tax Statement);

  • Business travel allowances paid to employees (may be reportable on Form W-2);

  • Cost of current life insurance protection (report on Form W-2 or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.);

  • Payments to a tax-exempt organization, the United States, a state, the District of Columbia, a U.S. possession, or a foreign government; and

  • Certain payment card transactions if a payment card organization has assigned a merchant/payee a Merchant Category Code (MCC) indicating that reporting is not required. A cardholder/payor may rely on the MCC that the payment card organization assigned to a merchant/payee to determine if a payment card transaction with that merchant/payee is subject to reporting under section 6041 or section 6041A. For more information and a list of merchant types with corresponding MCCs, see Revenue Procedure 2004-43 which is on page 124 of Internal Revenue Bulletin 2004-31 at www.irs.gov/pub/irs-irbs/irb04-31.pdf.

Reportable payments to corporations. The following payments made to corporations generally must be reported on Form 1099-MISC.

  • Medical and health care payments reported in box 6.

  • Fish purchases for cash reported in box 7.

  • Attorneys' fees reported in box 7.

  • Gross proceeds paid to an attorney reported in box 14.

  • Substitute payments in lieu of dividends or tax-exempt interest reported in box 8.

  • Payments by a federal executive agency for services (vendors) reported in box 7.

Let me know if you have any question. Bonus and Feedback will be highly appreciated!!!

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

Customer: replied 9 years ago.
Reply to RD's Post: I should have been more specific with my question. I am inquiring about Form 1099-W; reporting the sale of real estate. I have the IRS directions and the only exception they show are corporations. I have a supervisor who also thinks that the following entities are excepted from reporting: a) P.A.; b) trust; c) LLC; d) hospital; e) beneficiary from an estate; f) partnership; g) home owners association. In other words just about everybody except individuals. I appreciate your extra time.

Reporting the sale of real estate is normally on FOrm 1099-S.

You normally report the sale made by any entity(including individuals) except the Corporations or a governmental entity or except if the sale results in complete exclusion of gain(available for sale of primary residence to taxpayers)

You can get detailed information from the link below-

http://law.justia.com/us/cfr/title26/26-13.0.1.1.1.0.5.121.html

Let me know if you have any question.

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

 

 

 

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