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1099 MISC

 
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CrossCountry

posts: 133

Feb 08, 2007 9:38 PM ET    Quote  Report Abuse
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This is alot to read but maybe it will help. 

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How to Know When to Issue a 1099-MISC

A 1099-MISC needs to be issued by your trade or business under many situations when you pay someone for rent, services, royalties or other various fees.

Who Must Issue 1099-MISCs

Instructions

  • STEP 1: Determine if you have a trade or business. If you are operating for the purpose of making a gain or profit, you have a trade or business.
  • STEP 2: Determine if you run a nonprofit organization, a taxable farmers cooperative, a government agency, or a trust of a qualified pension or profit-sharing employer plan. These are considered trades or businesses for 1099-MISC purposes.
  • STEP 3: Calculate if you paid $600 or more during the tax year in the course of your trade or business to an individual or partnership. Professional fees to an attorney, doctor or other professional are included. Payments to corporations are included only if they are for medical, health care, legal or fishing activities.
  • STEP 4: Calculate if you paid $10 or more in royalties.
  • STEP 5: Issue 1099-MISCs if you have or manage a trade or business and have paid $600 or more to an individual or partnership (or certain corporations) or have paid $10 or more in royalties.
  • STEP 6: Issue a separate 1099-MISC to each individual or partnership (or specific corporation).

Tips & Warnings

  • Do not send a 1099-MISC to someone when you have made a personal payment to him. An independent contractor to whom you have made a personal payment unrelated to your trade or business does not receive a 1099-MISC.
  • Do not send a 1099-MISC to an employee. That is what a W-2 is for.
  • An independent contractor receives a 1099-MISC only if you pay him in the course of your trade or business.
  • A household employee who is not an independent contractor should be issued a W-2 by the employer. The employer must also fill out a Schedule H.
  • The general rule is that you do not have to send 1099-MISCs to a corporation. The exceptions to the rule are for medical, health care, legal and attorney, and fishing related payments.
  • Landlords are now being required to send 1099-MISCs to payees in order to deduct these expenses. This means, too, that even small sole proprietors are required to send landlords 1099-MISCs in order to deduct office rent.

Payments Requiring 1099-MISC

Instructions

  • STEP 1: Determine that you paid $600 or more in compensation for services rendered by a nonemployee to your trade or business. Include the gross amount of payments in box 7, including anything you paid the contractor for supplies and materials.
  • STEP 2: Determine that you paid $600 or more in rent for office space, machines, equipment or land in the course of your trade or business. Write the amount in box 1. Do not include amounts paid to corporations or real estate agents.
  • STEP 3: Verify that your trade or business gave any prizes or awards to an individual who is not your employee. Include only amounts of $600 or more. Put amounts in box 3. But don`t report it if the prize was transferred directly to charity.
  • STEP 4: Verify that your trade or business paid $600 or more in medical or health care payments to an individual, partnership or corporation. Put the amount in box 6.
  • STEP 5: Verify that your trade or business paid $600 or more to an attorney or corporation for any legal services. Write the amount in box 7. If you cannot determine the amount paid that applies to legal services, write the gross amount paid, even if less than $600, in box 13 and put the letter A after the amount.
  • STEP 6: Determine if you paid $600 or more in taxable fringe benefits to nonemployees in the course of your trade or business. Write the amount in box 7.
  • STEP 7: Determine if your trade or business paid $600 or more in punitive damages. Write the amount in box 3.
  • STEP 8: Determine if your trade or business paid $600 or more in director`s fees. Write the amount in box 7.
  • STEP 9: Determine if your trade or business paid $600 or more to a deceased employee`s estate or beneficiary. There are some tricky rules on this one, so be careful and get some help. Write the amount in box 3.
  • STEP 10: Verify that you paid $600 or more for your trade or business to purchase fish from an individual, partnership or corporation. Write the entire purchase cost in box 7.
  • STEP 11: Verify that you paid a share of fishing boat receipts to someone. The rules are quite tricky on fishing boats, so see a tax professional. The amount is written in box 5.
  • STEP 12: Verify that you paid royalties of $10 or more in the course of your trade or business. Write the amount in box 2.

Overall Tips & Warnings

  • If you pay someone as an independent contractor who is, in reality, an employee, you can be liable for penalties. Even worse, you can be liable for some of his taxes! An employee is to be paid using the system of a W-2, which includees withholdings for Social Security and Medicare taxes.


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CrossCountry

posts: 133

Feb 08, 2007 9:43 PM ET    Quote  Report Abuse
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Here`s something else that might help, too, regarding who get a 1099.

Account Type Specifics:
Individuals (Individual, Joint, and trust customer types)

Individuals, primary joint account holders and trusts will receive a form 1099 or 1042S.

 

Retirement Accounts:
(IRA customer type)

Will receive 1099 or Form 5498 directly from Principal Trust Company, our IRA account trustee.

 

Partnerships, LLC, and Unincorporated businesses:

Partnerships, LLC’s and Unincorporated Businesses will receive form 1099 or 1042S. Sub accounts will be consolidated with the master account for reporting purposes. A 1042S will be issued for each member of a partnership with income apportioned by the ownership share of each partner.

 

Corporations:

No reporting is required.

 

Advisors, Fully Disclosed Brokers:

Master and client accounts will receive the appropriate form 1099 or 1042S according to customer account type and jurisdiction.

 

Non-disclosed and Omnibus Brokers: For US brokers, it is the responsibility of the broker to report account information to the IRS directly. For non-US brokers tax reporting will be done as indicated by the W-8IMY on file.



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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.
CrossCountry

posts: 133

Jan 21, 2008 9:30 AM 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.
 

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

 
That should answer your question.  An independent contractor is considered a subcontractor. 
 
In response to 1099`s for material suppliers, the IRS has a rule about what and how much, but they pretty much leave it up to the business owner to make that decision.  I believe it has more to do with cross-checking businesses for their resale taxes than anything else.  But I don`t think the state government has enough resources to do that.
 
Personally, the only reason I can see to 1099 for materials is simply for your own tracking purposes.   
 
Did that help at all?
 
Linda


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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.
1099pro

posts: 2

Oct 08, 2008 8:37 AM ET    Quote  Report Abuse
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The issue you need to be concerned with is what are your reporting requirements and then fully comply with your obligating to report.  If you have determined that you are required to report amounts paid to a vendor or contractor that are reportable on Form 1099-MISC, all you need to do is simply comply with those requirements.  If you have reasonably complied with the reporting requirements then your business has created a safe-harbor position should the IRS review your information reporting practices.

If the vendor or contractor refuses to provide you with an EIN or TIN you are still required to file the 1099-MISC with the IRS.  FILE THE 1099!!  If you fail to timely file or correctly file your 1099`s your business is subject to the penalty structure imposed by the IRS for "Failure to File Correct Information Returns"  See Link:  1099reporter.com

Use Form W-9 to Collect the EIN or TIN from the Vendor or Contractor

B-Notice requirement are generally imposed on businesses that have an obligation to Backup Withhold on amounts reported on Information Returns which do not generally apply to 1099-MISC forms. However, if you do not have TIN or EIN for the recipient you are reporting on, you are required to backup withhold at the rate of 28% of the gross amount being reported. See IRS Publication 1281 for more information on backup withholding requirements.

As a best practices policy for your business, you may want to request that all vendors and contractors you have determined have a 1099 reporting requirement for complete a W-9 form and return it to you.  By doing this you will be able to show that your business used due care in complying with the IRS information reporting requirements.  Further, if the information on the 1099-MISC form is incorrect or incomplete you will have a record of the information provide to you by the vendor or contractor on the W-9 form to validate that the information reported to the IRS was the information provide by the vendor or contractor.

1099pro10/8/2008 8:40 AM
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