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truegenius

posts: 49

Feb 01, 2007 2:23 PM ET    Quote  Report Abuse
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I have a 1099-MISC question to ask.

We paid two LLC companies $5,000 and $3,000 respectively for services in 2006.  We cancelled our contracts with both of the companies due to poor service.  I`ve asked several times for each to submit a W-9 to me, but neither has.  Now the Jan. 31 deadline has passed and I need to know how I report these payments to the IRS without either companies tax ID info.

I understand that I do no have to sumibt 1099 info to corporations, but these are both LLCs. 

Anyone ever run into this and know what I can do?

Thanks,

Tammy

truegenius2007-2-1 14:24:22


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Tammy Graham, Founder & CEO, True Genius Apparel Company: fitting your personality; www.mytruegenius.com. "You must be the change you wish to see in the world."
nhgnikole

posts: 2660

Feb 01, 2007 3:13 PM ET    Quote  Report Abuse
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I`m confused what you paid them for. Was it a salary or contract work?

I`m just asking because I pay out money for a lot of services throughout the year that I don`t file 1099s for.

And I provide services for many businesses that don`t provide 1099s for me.

The only time I`m in a 1099 situation is when I am providing a long-term service as a independent contractor.

[edited] I love your logo btw. And the shirts are cute!
nhgnikole2007-2-1 15:15:33
CrossCountry

posts: 133

Feb 01, 2007 4:27 PM ET    Quote  Report Abuse
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The best way to get a W-9 filled out in a timely manner is to have them fill it out BEFORE they get their first payment. 

Vendors are usually happy to do it when they get your money, not when you terminate them.

I provide W-9 services to over 1/2 my clients so they don`t have to track everything down themselves or waste alot of phone time leaving messages.

When I have a situation where someone won`t provide an FEIN or SSN to me via a W-9, I go ahead and do the 1099 and put REQUESTED in the box for their ID number.

It won`t take long for the IRS to send them a letter.



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CrossCountry

posts: 133

Feb 01, 2007 4:32 PM ET    Quote  Report Abuse
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BTW ~ you should issue a 1099 to certain vendors you pay over $600 in any calendar year.

Look at your vendor invoices ~ usually near the remittance address for large companies and health care providers ~ the FEIN is normally printed on them.

 

 



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nhgnikole

posts: 2660

Feb 01, 2007 4:53 PM ET    Quote  Report Abuse
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BTW ~ you should issue a 1099 to certain vendors you pay over $600 in any calendar year. Look at your vendor invoices ~ usually near the remittance address for large companies and health care providers ~ the FEIN is normally printed on them.


I guess in my line of business, I don`t get any "vendor invoices".

I mean, what kind of "certain vendors" are you talking about?

I can`t see, according to the IRS`s site, why you would be giving all your vendors 1099s.

The only 1099s I issue are for my ICs.
CrossCountry

posts: 133

Feb 01, 2007 5:13 PM ET    Quote  Report Abuse
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1099-MISC

Miscellaneous Income (Also, use this form to report the occurrence of direct sales of $5000 or more of consumer goods for resale.)

Rent or royalty payments; prizes or awards that are not for services, such as winnings on TV or radio shows.

$600 or more, except $10 or more for royalities

February 28

January 31

Payments to crew-members by owners or operators of fishing boats including payments of proceed from sale of catch.

All amounts

Payments to a physician, physician`s corporation, or other supplier of health or medical services. Issued mainly by medical assistance programs or health and accident insurance plans.

$600 or more

Payments for services performed for a trade or business by people not treated as its employees. Example: fees to subcontractors or directors, and golden parachute payments.

$600 or more

Fish purchases paid in cash for resale.

$600 or more

Substitute dividend and tax-exempt interest payments reportable by brokers

$10 or more

Crop Insurance proceeds

$600 or more

Gross Proceeds paid to attorneys

All

 

L. Payments to Corporations and Partnerships

Generally, payments to corporations are not reportable. However, you must report payments to corporations for the following:

  • Medical and health care payments (Form 1099-MISC),

  • Withheld federal income tax or foreign tax,

  • Barter exchange transactions (Form 1099-B),

  • Substitute payments in lieu of dividends and tax-exempt interest (Form 1099-MISC),

  • Interest or original issue discount paid or accrued to a regular interest holder of a REMIC (Form 1099-INT or 1099-OID),

  • Acquisitions or abandonments of secured property (Form 1099-A),

  • Cancellation of debt (Form 1099-C),

  • Payments of attorneys` fees and gross proceeds paid to attorneys (Form 1099-MISC),

  • Fish purchases for cash (Form 1099-MISC), and

  • Federal executive agency payments for services (Form 1099-MISC). For additional reporting requirements, see Rev. Rul. 2003-66 that is on page 1115 of Internal Revenue Bulletin 2003-26 at www.irs.gov/pub/irs-irbs/irb03-26.pdf.

Reporting generally is required for all payments to partnerships . For example, payments of $600 or more made in the course of your trade or business to an architectural firm that is a partnership are reportable on Form 1099-MISC. However, see Regulations section 1.6049-4(c)(1)(ii)(A).

Tip

If the recipient does not provide a TIN, leave the box for the recipient`s TIN blank on the Form 1098, 1099, 5498, or W-2G. See Backup Withholding on page GEN-3. Only one recipient TIN can be entered on the form.

*****************************************************

Maybe the above will help you determine who you need to 1099.

Attorney, Doctors, etc. also receive 1099 forms.  Then there is your housekeeper, nanny, etc.

The list is far too long to copy & paste into here, so just type Rules for Form 1099 or 1099 Recipients into your search bar and you should get all the info you need.

 



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nhgnikole

posts: 2660

Feb 01, 2007 5:17 PM ET    Quote  Report Abuse
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Yes that was part of the IRS publication I already linked to.

And I don`t use any of those things.

I was just wondering because you made it sound like 1099 to "vendors" was pretty common. And none of my clients 1099 me. I assume they just pay me and list it on their tax returns. So maybe it`s just my type of business.
CrossCountry

posts: 133

Feb 01, 2007 5:29 PM ET    Quote  Report Abuse
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Not everyone bothers to issue 1099`s, even when they should.

I`ve been witness to a couple of audits by the IRS where 1099`s were NOT issued because the recipients were paid cash and the government didn`t allow the deduction causing additional tax liabilities and penalties to the business owner.

For you, it`s the best way to prove what you`ve paid out an for small businesses who receive them it`s a good way to keep track of who paid them what when they don`t keep good records.

The government doesn`t involve itself overly much where 1099 forms are concerned and I`m sure it has to do with the fact that there are too many small business and entrepreneurs. 

It could become a huge "cash cow" for the IRS if they should ever decide to pursue it later, tho.

It`s a way of safeguarding your business and reducing your chances or additional taxes & penalties.

Compliance is the best way to CYA, so to speak.

 



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If you are researching the net branch or are looking into opening your own mortgage net branch, we have an alternative to net branch opportunities. Ask us about mortgage branch opportunities, we love to talk and write about this.
ResumeWriter

posts: 20

Feb 02, 2007 12:16 PM ET    Quote  Report Abuse
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In the original situation, it sounds like the $5K and $3K were fees for services, rather than nonemployee compensation. Therefore, you would be able to deduct that money as standard business expenses. I don`t think a 1099 is needed.
geekman28

posts: 1

Feb 08, 2007 8:24 PM ET    Quote  Report Abuse
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I have a question about this topic.

I run a small business selling a construction product to larger general contractors. the product that i sell is manufactured by another company. so in other words i buy the product from the manufacture and resell it to the general contractors. The Manufacture is an L.L.C company,  so do i have to issue them a 1099? if i do, what line on the 1099 does it go on, 9 or 7?

thanks..

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