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Form 1099 – Overview Robert J. Kiggins September 27, 2011.

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Presentation on theme: "Form 1099 – Overview Robert J. Kiggins September 27, 2011."— Presentation transcript:

1 Form 1099 – Overview Robert J. Kiggins September 27, 2011

2 What We Will Cover IRS Information Reporting Procedures Purposes of Form 1099 Reporting Due Dates for Form 1099 Series Penalties for Noncompliance Consequences of Errors with Inaccurate Names and TINS

3 IRS Information Reporting Procedures What is an Information Return? What is an Information Return? An information return is a tax document businesses are required to file to report certain business transactions to the Internal Revenue Service (IRS). An information return is a tax document businesses are required to file to report certain business transactions to the Internal Revenue Service (IRS). The requirement to file Information Returns is mandated by the Internal Revenue Service and associated regulations. The requirement to file Information Returns is mandated by the Internal Revenue Service and associated regulations. Who must file Information Returns? Who must file Information Returns? Any person, including a corporation, partnership, individual, estate, and trust. Any person, including a corporation, partnership, individual, estate, and trust. Who make reportable transactions during the calendar year Who make reportable transactions during the calendar year Must file information returns to report those transactions to the IRS. Must file information returns to report those transactions to the IRS.

4 IRS Information Reporting Procedures (Cont’d) Persons required to file Information Returns to the IRS must also furnish statements to the recipients (Payees) of the income. Persons required to file Information Returns to the IRS must also furnish statements to the recipients (Payees) of the income. In fact the order is In fact the order is First furnish statements to the recipients. First furnish statements to the recipients. Second file the information reports to the IRS Second file the information reports to the IRS Filers who have 250 or more returns must file these returns with the IRS electronically. Filers who have 250 or more returns must file these returns with the IRS electronically. More on electronic filing this PM after lunch More on electronic filing this PM after lunch

5 Purposes of Form 1099 Reporting IRS Form 1099 has many purposes for reporting income and there is more than one Form 1099. IRS Form 1099 has many purposes for reporting income and there is more than one Form 1099. 1099-A is used to report all amounts owed which are the result of the recovery or abandonment of property that is security for a debt for which you are the creditor. 1099-A is used to report all amounts owed which are the result of the recovery or abandonment of property that is security for a debt for which you are the creditor. 1099-B is used to report all amounts from brokerage and barter exchange transactions. 1099-B is used to report all amounts from brokerage and barter exchange transactions.

6 Purposes of Form 1099 Reporting – Cont’d 1099-DIV is used to report all dividends and capital gains of $10.00 or more. 1099-DIV is used to report all dividends and capital gains of $10.00 or more. 1099-G is used for government payments. 1099-G is used for government payments. $10.00 or more for unemployment compensation and state and local income tax refunds. $10.00 or more for unemployment compensation and state and local income tax refunds. $600.00 or more for taxable grants and discharge of indebtedness in bankruptcy. $600.00 or more for taxable grants and discharge of indebtedness in bankruptcy. 1099-INT is used for reporting all interest income in excess of $10.00. 1099-INT is used for reporting all interest income in excess of $10.00.

7 Purposes of Form 1099 Reporting – Cont’d 1099-MISC is used to report miscellaneous income. 1099-MISC is used to report miscellaneous income. Royalty payments exceeding $10.00. Royalty payments exceeding $10.00. Rent, prizes or awards in excess of $600.00. Rent, prizes or awards in excess of $600.00. Payments to any non-employee of a business, i.e. contract labor, subcontractors, directors in excess of $600.00. Payments to any non-employee of a business, i.e. contract labor, subcontractors, directors in excess of $600.00. "Golden Parachute" payments made in excess of $600.00 "Golden Parachute" payments made in excess of $600.00 1099-R is used to report all amounts paid from retirement, profit sharing, IRAs, SEPs or 401(K) and 403(C) programs. 1099-R is used to report all amounts paid from retirement, profit sharing, IRAs, SEPs or 401(K) and 403(C) programs. 1099-S is used to report all gross receipts from the sale or exchange of real estate 1099-S is used to report all gross receipts from the sale or exchange of real estate

8 Due Dates (General Rules) As a General Rule, Form 1099’s must Be Sent to the Payees by January 31 As a General Rule, Form 1099’s must Be Sent to the Payees by January 31 Consult Handout Materials for Specifics Consult Handout Materials for Specifics Manually Filed Form 1099’s Must be Sent to the IRS by February 28 Manually Filed Form 1099’s Must be Sent to the IRS by February 28 Electronically Filed Form 1099’s Must be Transmitted to the IRS by March 31 Electronically Filed Form 1099’s Must be Transmitted to the IRS by March 31

9 Failure To Furnish Correct Payee Statements (Section 6722) Penalties - Failure To Furnish Correct Payee Statements (Section 6722) If you fail to provide correct payee statements and you cannot show reasonable cause, you may be subject to a penalty. If you fail to provide correct payee statements and you cannot show reasonable cause, you may be subject to a penalty. The penalty applies if The penalty applies if you fail to provide the statement by January 31 (February 15 for Forms 1099-B, 1099-S, and 1099-MISC (boxes 8 and 14 only)), you fail to provide the statement by January 31 (February 15 for Forms 1099-B, 1099-S, and 1099-MISC (boxes 8 and 14 only)),

10 Penalties - Failure To Furnish Correct Payee Statements (Section 6722) - you fail to include all information required to be shown on the statement, or you fail to include all information required to be shown on the statement, or you include incorrect information on the statement. you include incorrect information on the statement. "Payee statement" has the same meaning as "statement to recipient” "Payee statement" has the same meaning as "statement to recipient” The amount of the penalty is based on when you furnish the correct payee statement. The amount of the penalty is based on when you furnish the correct payee statement.

11 Penalties - Failure To Furnish Correct Payee Statements (Section 6722) It is a separate penalty, and is applied in the same manner as the penalty for failure to file correct information returns by the due date (Section 6721), which we will describe next. It is a separate penalty, and is applied in the same manner as the penalty for failure to file correct information returns by the due date (Section 6721), which we will describe next.

12 Penalties - Failure To Furnish Correct Payee Statements (Section 6722) Exception. An inconsequential error or omission is not considered a failure to include correct information. Exception. An inconsequential error or omission is not considered a failure to include correct information. An inconsequential error or omission cannot reasonably be expected to prevent or hinder the payee from timely receiving correct information and reporting it on his or her income tax return or from otherwise putting the statement to its intended use. An inconsequential error or omission cannot reasonably be expected to prevent or hinder the payee from timely receiving correct information and reporting it on his or her income tax return or from otherwise putting the statement to its intended use.

13 Penalties - Failure To Furnish Correct Payee Statements (Section 6722) Errors and omissions that are never inconsequential are those relating to Errors and omissions that are never inconsequential are those relating to a dollar amount, a dollar amount, a significant item in a payee's address, a significant item in a payee's address, the appropriate form for the information provided (that is, whether the form is an acceptable substitute for the official IRS form), and the appropriate form for the information provided (that is, whether the form is an acceptable substitute for the official IRS form), and whether the statement was furnished in person or by "statement mailing," when required. whether the statement was furnished in person or by "statement mailing," when required.

14 Penalties - Failure To Furnish Correct Payee Statements (Section 6722) Intentional disregard of payee statement requirements. If any failure to provide a correct payee statement is due to intentional disregard of the requirements to furnish a correct payee statement, the penalty is at least $250 (old minimum was $100) per payee statement with no maximum penalty. Intentional disregard of payee statement requirements. If any failure to provide a correct payee statement is due to intentional disregard of the requirements to furnish a correct payee statement, the penalty is at least $250 (old minimum was $100) per payee statement with no maximum penalty.

15 Penalties - Failure To File Correct Information Returns with the IRS by the Due Date (Section 6721) If you fail to file a correct information return with the IRS by the due date and you cannot show reasonable cause, you may be subject to a penalty. If you fail to file a correct information return with the IRS by the due date and you cannot show reasonable cause, you may be subject to a penalty. The penalty applies if The penalty applies if you fail to file timely, you fail to file timely, you fail to include all information required to be shown on a return, you fail to include all information required to be shown on a return, or you include incorrect information on a return. or you include incorrect information on a return.

16 Penalties - Failure To File Correct Information Returns with the IRS by the Due Date (Section 6721) – Cont’d The penalty also applies if The penalty also applies if you file on paper when you were required to file electronically, you file on paper when you were required to file electronically, you report an incorrect TINor fail to report a TIN, or you report an incorrect TIN or fail to report a TIN, or you fail to file paper forms that are machine readable. you fail to file paper forms that are machine readable. The amount of the penalty is based on when you file the correct information return. The amount of the penalty is based on when you file the correct information return.

17 Penalties - Failure To File Correct Information Returns with the IRS by the Due Date (Section 6721) - Cont’d The penalty is: The penalty is: $30 (was $15 before Small Business Jobs Act of 2010) per information return if you correctly file within 30 days (by March 30 if the due date is February 28); $30 (was $15 before Small Business Jobs Act of 2010) per information return if you correctly file within 30 days (by March 30 if the due date is February 28); maximum penalty $250,000 per year maximum penalty $250,000 per year ($75,000 for small businesses, defined below). ($75,000 for small businesses, defined below). $60 (was $30) per information return if you correctly file more than 30 days after the due date but by August 1; $60 (was $30) per information return if you correctly file more than 30 days after the due date but by August 1; maximum penalty $500,000 per year maximum penalty $500,000 per year ($200,000 for small businesses). ($200,000 for small businesses).

18 Penalties - Failure To File Correct Information Returns with IRS by the Due Date (Section 6721) - Cont’d $100 (was $50) per information return if you file after August 1 or you do not file required information returns; $100 (was $50) per information return if you file after August 1 or you do not file required information returns; maximum penalty $1,500,000 per year maximum penalty $1,500,000 per year ($500,000 for small businesses ). ($500,000 for small businesses ). Small businesses—lower maximum penalties. You are a small business if your average annual gross receipts for the 3 most recent tax years (or for the period you were in existence, if shorter) ending before the calendar year in which the information returns were due are $5 million or less. Small businesses—lower maximum penalties. You are a small business if your average annual gross receipts for the 3 most recent tax years (or for the period you were in existence, if shorter) ending before the calendar year in which the information returns were due are $5 million or less. Remember – this same penalty scheme applies to a failure to report to a payee Remember – this same penalty scheme applies to a failure to report to a payee

19 Reasonable Cause Penalties Don’t Apply where Reasonable Cause under Treas. Reg. § 301.6724-1 Can Be Shown: Penalties Don’t Apply where Reasonable Cause under Treas. Reg. § 301.6724-1 Can Be Shown: Significant mitigating factors + Filer Acting in a Responsible Manner = Reasonable Cause Significant mitigating factors + Filer Acting in a Responsible Manner = Reasonable Cause Significant Mitigation Factors Significant Mitigation Factors (1) The fact that prior to the failure the filer was never required to file the particular type of return or furnish the particular type of statement with respect to which the failure occurred, or (1) The fact that prior to the failure the filer was never required to file the particular type of return or furnish the particular type of statement with respect to which the failure occurred, or (2) The fact that the filer has an established history of complying with the information reporting requirement with respect to which the failure occurred. In determining whether the filer has such an established history, significant consideration is given to— (2) The fact that the filer has an established history of complying with the information reporting requirement with respect to which the failure occurred. In determining whether the filer has such an established history, significant consideration is given to— (i) Whether the filer has incurred any penalty under in prior years for the failure (or under parallel provisions of prior law), and (i) Whether the filer has incurred any penalty under in prior years for the failure (or under parallel provisions of prior law), and (ii) If the filer has incurred any such penalty in prior years, the extent of the filer's success in lessening its error rate from year to year. (ii) If the filer has incurred any such penalty in prior years, the extent of the filer's success in lessening its error rate from year to year. A filer may treat as a penalty not incurred any penalty that was self-assessed under section 6724(c)(3) and any penalty under section 6676(b) that was self-assessed under section 6676(d), prior to amendment or repeal by the Omnibus Budget Reconciliation Act of 1989. A filer may treat as a penalty not incurred any penalty that was self-assessed under section 6724(c)(3) and any penalty under section 6676(b) that was self-assessed under section 6676(d), prior to amendment or repeal by the Omnibus Budget Reconciliation Act of 1989.

20 Reasonable Cause Responsible manner— Acting in a responsible manner generally means— Responsible manner— Acting in a responsible manner generally means— (i) That the filer exercised reasonable care, which is that standard of care that a reasonably prudent person would use under the circumstances in the course of its business in determining its filing obligations and in handling account information such as account numbers and balances, and (i) That the filer exercised reasonable care, which is that standard of care that a reasonably prudent person would use under the circumstances in the course of its business in determining its filing obligations and in handling account information such as account numbers and balances, and (ii) That the filer undertook significant steps to avoid or mitigate the failure, including, where applicable— (ii) That the filer undertook significant steps to avoid or mitigate the failure, including, where applicable— (A) Requesting appropriate extensions of time to file, when practicable, in order to avoid the failure, (A) Requesting appropriate extensions of time to file, when practicable, in order to avoid the failure, (B) Attempting to prevent an impediment or a failure, if it was foreseeable, (B) Attempting to prevent an impediment or a failure, if it was foreseeable, (C) Acting to remove an impediment or the cause of a failure, once it occurred, and (C) Acting to remove an impediment or the cause of a failure, once it occurred, and (D) Rectifying the failure as promptly as possible once the impediment was removed or the failure was discovered. (D) Rectifying the failure as promptly as possible once the impediment was removed or the failure was discovered.

21 Reasonable Cause Events beyond the filer's control. In order to establish reasonable cause under this standard, the filer must be meet the Responsible manner test set forth above and must show that the failure was due to events beyond the filer's control. Events beyond the filer's control. In order to establish reasonable cause under this standard, the filer must be meet the Responsible manner test set forth above and must show that the failure was due to events beyond the filer's control. Events which are generally considered beyond the filer's control include but are not limited to— Events which are generally considered beyond the filer's control include but are not limited to— (i) The unavailability of the relevant business records (i) The unavailability of the relevant business records fire or other casualty that damages or impairs the filer's relevant business records or the filer's system for processing and filing such record fire or other casualty that damages or impairs the filer's relevant business records or the filer's system for processing and filing such record regulatory change that has a direct impact upon data processing and that is made so close to the time that the return or payee statement is required that, the change cannot be complied with regulatory change that has a direct impact upon data processing and that is made so close to the time that the return or payee statement is required that, the change cannot be complied with unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for filing a return or furnishing a payee statement unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for filing a return or furnishing a payee statement (ii) An undue economic hardship relating to filing on magnetic media (as described in paragraph (c)(3) of the Reg), (ii) An undue economic hardship relating to filing on magnetic media (as described in paragraph (c)(3) of the Reg), (iii) Certain actions of the Internal Revenue Service (iii) Certain actions of the Internal Revenue Service failure was due to the filer's reasonable reliance on erroneous written information from the Internal Revenue Service. failure was due to the filer's reasonable reliance on erroneous written information from the Internal Revenue Service. Reasonable reliance means that the filer relied in good faith on the information. Reasonable reliance means that the filer relied in good faith on the information. The filer shall not be considered to have relied in good faith if the Internal Revenue Service was not aware of all the facts when it provided the information to the filer. The filer shall not be considered to have relied in good faith if the Internal Revenue Service was not aware of all the facts when it provided the information to the filer. In order to substantiate reasonable cause under this paragraph (c)(4), the filer must provide a copy of the written information provided by the Internal Revenue Service and, if applicable, the filer's written request for the information. In order to substantiate reasonable cause under this paragraph (c)(4), the filer must provide a copy of the written information provided by the Internal Revenue Service and, if applicable, the filer's written request for the information.

22 Reasonable Cause (iv) Certain actions of the filer’s agent (iv) Certain actions of the filer’s agent The filer exercised reasonable business judgment in contracting with the agent to file timely correct returns or furnish timely correct payee statements with respect to which the failure occurred. The filer exercised reasonable business judgment in contracting with the agent to file timely correct returns or furnish timely correct payee statements with respect to which the failure occurred. This includes contracting with the agent and providing the proper information sufficiently in advance of the due date of the return or statement to permit timely filing of correct returns or timely furnishing of correct payee statements; and This includes contracting with the agent and providing the proper information sufficiently in advance of the due date of the return or statement to permit timely filing of correct returns or timely furnishing of correct payee statements; and The agent satisfied the reasonable cause criteria for mitigating circumstances or one of the reasonable cause criteria The agent satisfied the reasonable cause criteria for mitigating circumstances or one of the reasonable cause criteria (v) Certain actions of the payee or any other person providing necessary information with respect to the return or payee statement (as described in paragraph (c)(6) of the Reg). (v) Certain actions of the payee or any other person providing necessary information with respect to the return or payee statement (as described in paragraph (c)(6) of the Reg). (i) That the failure resulted from the failure of the payee, or any other person required to provide information necessary for the filer to comply with the information reporting requirements (“any other person”), to provide information to the filer, or (i) That the failure resulted from the failure of the payee, or any other person required to provide information necessary for the filer to comply with the information reporting requirements (“any other person”), to provide information to the filer, or (ii) That the failure resulted from incorrect information provided by the payee (or any other person) upon which information the filer relied in good faith. (ii) That the failure resulted from incorrect information provided by the payee (or any other person) upon which information the filer relied in good faith. To substantiate reasonable cause the filer must provide documentary evidence upon request of the Internal Revenue Service showing that the failure was attributable to the payee (or any other person). To substantiate reasonable cause the filer must provide documentary evidence upon request of the Internal Revenue Service showing that the failure was attributable to the payee (or any other person). There are special rules relating to the availability of a waiver where the filer's failure relates to a taxpayer identification number (TIN), and the failure is attributable to actions of the payee described above There are special rules relating to the availability of a waiver where the filer's failure relates to a taxpayer identification number (TIN), and the failure is attributable to actions of the payee described above

23 Form 1099 MISC Robert J. Kiggins

24 Agenda What is 1099 –Misc Reporting What is 1099 –Misc Reporting Type of Payments Type of Payments Payments Not Required Reporting Payments Not Required Reporting Reporting Timeline Reporting Timeline Accuracy of Vendor Information Accuracy of Vendor Information Form 1099 MISC Line by Line Form 1099 MISC Line by Line

25 What is 1099-MISC and What does it Mean? A 1099-Misc is a type of tax form. A 1099-Misc is a type of tax form. It is used to report miscellaneous income It is used to report miscellaneous income For vendors who have been paid a total of $600 or more For vendors who have been paid a total of $600 or more In non-employee payments during a calendar year. In non-employee payments during a calendar year.

26 What Type of Payments are Reported on 1099-Misc? Legal Services Legal Services Rents Rents Prizes/Awards Prizes/Awards Medical/Dental Services Medical/Dental Services Guest Speakers/Lectures Guest Speakers/Lectures Performers Performers Child Care Providers Child Care Providers Other Services Other Services

27 Payments Not Required to Be Reported on 1099-Misc Payments for merchandise, telegraphs, telephone, freight, storage Payments for merchandise, telegraphs, telephone, freight, storage Wages paid to employees (reported on W-2, Wage and Tax Statement) Wages paid to employees (reported on W-2, Wage and Tax Statement)

28 Business travel allowances /mileage paid to vendors Business travel allowances /mileage paid to vendors Payments to non profit organizations and government agencies Payments to non profit organizations and government agencies Payments to Corporations Payments to Corporations Exceptions for medical and health care, and legal – these must be reported Exceptions for medical and health care, and legal – these must be reported Payments Not Required to Report on 1099-Misc

29 The Comprehensive 1099 Taxpayer Protection and Replacement of Exchange Subsidy Overpayments Act of 2011 Repealed the requirement for rental property owners to issue Form 1099-MISC; Repealed the requirement for rental property owners to issue Form 1099-MISC; Repealed the requirement for any business to issue Form 1099-MISC for payments of goods or property; Repealed the requirement for any business to issue Form 1099-MISC for payments of goods or property; Repealed the requirement for any business to issue Form 1099-MISC for payments made to corporations; Repealed the requirement for any business to issue Form 1099-MISC for payments made to corporations;

30 1099-Misc Reporting Timeline IRS regulation mandates that the Form 1099-Misc is distributed no later than January 31 of the year following payment. IRS regulation mandates that the Form 1099-Misc is distributed no later than January 31 of the year following payment. Paper filing is due to IRS by February 28 Paper filing is due to IRS by February 28 Electronic file is due to the IRS by March 31. Electronic file is due to the IRS by March 31.

31 Why is Accurate Reporting of Vendor Information Critical? The Payor annually files to the IRS the reportable amounts paid to each vendor during the calendar year. The Payor annually files to the IRS the reportable amounts paid to each vendor during the calendar year. The legal name and Tax Identification Number (TIN) in any preparation program used MUST match exactly with the legal name and TIN on file with the IRS. The legal name and Tax Identification Number (TIN) in any preparation program used MUST match exactly with the legal name and TIN on file with the IRS.

32 Verify that the vendor information is accurate on the Form W-9 and matches the IRS 147-C letter (letter confirming EIN) OR matches a copy of the Social Security Card. Verify that the vendor information is accurate on the Form W-9 and matches the IRS 147-C letter (letter confirming EIN) OR matches a copy of the Social Security Card. NOTE: Social Security Number (SSN) or Employer Identification Number (EIN) MUST always have a 9 digit number NOTE: Social Security Number (SSN) or Employer Identification Number (EIN) MUST always have a 9 digit number What is the Role of the Reporting Company?

33 If a SSN is used, then the Individual/Sole Proprietor box should be Checked on the W-9 form or AP-1 (substitute W-9 form), AND the legal name should be written in the “Name” field and NOT in the “Business name” field. If a SSN is used, then the Individual/Sole Proprietor box should be Checked on the W-9 form or AP-1 (substitute W-9 form), AND the legal name should be written in the “Name” field and NOT in the “Business name” field.

34 1099 Misc Line By Line Account Number Required if you have multiple accounts for a recipient for whom you are filing more than one information report of the same type Required if you have multiple accounts for a recipient for whom you are filing more than one information report of the same type E.G. A financial institution filing to a recipient who has more than one account. E.G. A financial institution filing to a recipient who has more than one account. This Field won’t tend to come into play too much on a 1099-Misc This Field won’t tend to come into play too much on a 1099-Misc

35 1099 Misc Line By Line 2ND TIN not. You enter “X” in this box if you were notified by the IRS twice within 2 calendar years that the payee provided an incorrect TIN. You enter “X” in this box if you were notified by the IRS twice within 2 calendar years that the payee provided an incorrect TIN. If you mark this box the IRS won’t send you any further incorrect TIN notices regarding this account If you mark this box the IRS won’t send you any further incorrect TIN notices regarding this account

36 1099 Misc Line By Line Box 1. Rents Enter amounts of $600 or more for all types of rents, Enter amounts of $600 or more for all types of rents, such as real estate rentals paid for office space (unless paid to a real estate agent) such as real estate rentals paid for office space (unless paid to a real estate agent) machine rentals (for example, renting a bulldozer to level your parking lot), and machine rentals (for example, renting a bulldozer to level your parking lot), and pasture rentals (for example, farmers paying for the use of grazing land). pasture rentals (for example, farmers paying for the use of grazing land).

37 1099 Misc Line By Line Box 1 Rents – Cont’d If the machine rental is part of a contract that includes both the use of the machine and the operator, the rental should be prorated between If the machine rental is part of a contract that includes both the use of the machine and the operator, the rental should be prorated between the rent of the machine (reported in box 1) and the rent of the machine (reported in box 1) and the operator's charge (reported as nonemployee compensation in box 7). the operator's charge (reported as nonemployee compensation in box 7). Public housing agencies must report in box 1 rental assistance payments made to owners of housing projects. Public housing agencies must report in box 1 rental assistance payments made to owners of housing projects.

38 1099 Misc Line By Line Box 2 Royalty Payments Enter gross royalty payments (or similar amounts) of $10 or more. Enter gross royalty payments (or similar amounts) of $10 or more. Report royalties from oil, gas, or other mineral properties before reduction for severance and other taxes that may have been withheld and paid. Report royalties from oil, gas, or other mineral properties before reduction for severance and other taxes that may have been withheld and paid. Do not include surface royalties. They should be reported in box 1. Do not include surface royalties. They should be reported in box 1. Do not report oil or gas payments for a working interest in box 2 Do not report oil or gas payments for a working interest in box 2 report payments for working interests in box 7. report payments for working interests in box 7.

39 1099 Misc Line By Line Box 2 Royalties – Cont’d Do not report timber royalties made under a pay-as-cut contract; report these timber royalties on Form 1099-S, Proceeds From Real Estate Transactions. Do not report timber royalties made under a pay-as-cut contract; report these timber royalties on Form 1099-S, Proceeds From Real Estate Transactions. Use box 2 to report royalty payments from intangible property such as patents, copyrights, trade names, and trademarks. Use box 2 to report royalty payments from intangible property such as patents, copyrights, trade names, and trademarks. Report the gross royalties (before reduction for fees, commissions, or Report the gross royalties (before reduction for fees, commissions, or

40 1099 Misc Line By Line Box 2 Royalty Payments expenses) paid by a publisher directly to an author or literary agent, unless the agent is a corporation. The literary agent (whether or not a corporation) that receives the royalty payment on behalf of the author must report the gross amount of royalty payments to the author on Form 1099-MISC The literary agent (whether or not a corporation) that receives the royalty payment on behalf of the author must report the gross amount of royalty payments to the author on Form 1099-MISC whether or not the publisher reported the payment to the agent on its Form 1099-MISC whether or not the publisher reported the payment to the agent on its Form 1099-MISC

41 1099 Misc Line By Line Box 3. Other Income Enter other income of $600 or more required to be reported on Form 1099- MISC that is not reportable in one of the other boxes on the form. Enter other income of $600 or more required to be reported on Form 1099- MISC that is not reportable in one of the other boxes on the form. PRIZES AND AWARDS Also enter in box 3 prizes and awards that are not for services performed. Include the fair market value (FMV) of merchandise won on game shows. Also enter in box 3 prizes and awards that are not for services performed. Include the fair market value (FMV) of merchandise won on game shows.

42 1099 Misc Line By Line Box 3. Other Income If, not later than 60 days after the winner becomes entitled to the prize, the winner can choose the option of If, not later than 60 days after the winner becomes entitled to the prize, the winner can choose the option of a lump sum or a lump sum or an annuity payable over at least 10 years, an annuity payable over at least 10 years, Then the payment of winnings is considered made when actually paid. Then the payment of winnings is considered made when actually paid. If the winner chooses an annuity, file Form 1099- MISC each year to report the annuity paid during that year. If the winner chooses an annuity, file Form 1099- MISC each year to report the annuity paid during that year.

43 1099 Misc Line By Line Box 3. Other Income Do not include prizes and awards paid to your employees. Do not include prizes and awards paid to your employees. Report these on Form W-2. Report these on Form W-2. Do not include in box 3 prizes and awards for services performed by nonemployees, such as an award for the top commission salesperson. Do not include in box 3 prizes and awards for services performed by nonemployees, such as an award for the top commission salesperson. Report them in box 7. Report them in box 7.

44 1099 Misc Line By Line Box 3. Other Income Prizes and awards received in recognition of past accomplishments in religious, charitable, scientific, artistic, educational, literary, or civic fields are not reportable if: Prizes and awards received in recognition of past accomplishments in religious, charitable, scientific, artistic, educational, literary, or civic fields are not reportable if: The winners are chosen without action on their part, The winners are chosen without action on their part, The winners are not expected to perform future services, and The winners are not expected to perform future services, and The payer transfers the prize or award to a charitable organization or governmental unit under a designation made by the recipient. The payer transfers the prize or award to a charitable organization or governmental unit under a designation made by the recipient.

45 1099 Misc Line By Line Box 3. Other Income Other items required to be reported in box 3 include the following. Other items required to be reported in box 3 include the following.DAMAGES Generally, all punitive damages, any damages for nonphysical injuries or sickness, and any other taxable damages are reported in Box 3. Generally, all punitive damages, any damages for nonphysical injuries or sickness, and any other taxable damages are reported in Box 3. Report punitive damages even if they relate to physical injury or physical sickness. Report punitive damages even if they relate to physical injury or physical sickness. Generally, report all compensatory damages for nonphysical injuries or sickness, such as employment discrimination or defamation. Generally, report all compensatory damages for nonphysical injuries or sickness, such as employment discrimination or defamation.

46 1099 Misc Line By Line Box 3. Other Income However, do not report damages (other than punitive damages): However, do not report damages (other than punitive damages): Received on account of personal physical injuries or physical sickness; Received on account of personal physical injuries or physical sickness; That do not exceed the amount paid for medical care for emotional distress; That do not exceed the amount paid for medical care for emotional distress; Received on account of nonphysical injuries (for example, emotional distress) under a written binding agreement, court decree, or mediation award in effect on or issued by September 13, 1995; or Received on account of nonphysical injuries (for example, emotional distress) under a written binding agreement, court decree, or mediation award in effect on or issued by September 13, 1995; or

47 1099 Misc Line By Line Box 3. Other Income That are for a replacement of capital, such as damages paid to a buyer by a contractor who failed to complete construction of a building. That are for a replacement of capital, such as damages paid to a buyer by a contractor who failed to complete construction of a building. Damages received on account of emotional distress, including physical symptoms such as insomnia, headaches, and stomach disorders, are not considered received for a physical injury or physical sickness and are reportable Damages received on account of emotional distress, including physical symptoms such as insomnia, headaches, and stomach disorders, are not considered received for a physical injury or physical sickness and are reportable However, damages received on account of emotional distress due to physical injuries However, damages received on account of emotional distress due to physical injuries

48 1099 Misc Line By Line Box 3. Other Income or physical sickness are not reportable. Also report liquidated damages received under the Age Discrimination in Employment Act of 1967 Also report liquidated damages received under the Age Discrimination in Employment Act of 1967 Taxable back pay damages may be wages and reportable on Form W-2. Taxable back pay damages may be wages and reportable on Form W-2.

49 1099 Misc Line By Line Box 3. Other Income Termination payments to former self- employed insurance salespeople. These payments are not subject to self- employment tax and are reportable in box 3 (rather than box 7) if all the following apply. These payments are not subject to self- employment tax and are reportable in box 3 (rather than box 7) if all the following apply. The payments are received from an insurance company because of services performed as an insurance salesperson for the company. The payments are received from an insurance company because of services performed as an insurance salesperson for the company.

50 1099 Misc Line By Line Box 3. Other Income The amount of the payments does not depend at all on length of service or overall earnings from the company (regardless of whether eligibility for payment depends on length of service). The amount of the payments does not depend at all on length of service or overall earnings from the company (regardless of whether eligibility for payment depends on length of service). If the termination payments do not meet all these requirements, report them in box 7. If the termination payments do not meet all these requirements, report them in box 7.

51 1099 Misc Line By Line Box 3. Other Income The payments are received after termination of the salesperson's agreement to perform services for the company. The payments are received after termination of the salesperson's agreement to perform services for the company. The salesperson did not perform any services for the company after termination and before the end of the year. The salesperson did not perform any services for the company after termination and before the end of the year. The salesperson enters into a covenant not to compete against the company for at least 1 year after the date of termination. The salesperson enters into a covenant not to compete against the company for at least 1 year after the date of termination.

52 1099 Misc Line By Line Box 4. Income Tax Withheld Enter backup withholding. For example, persons who have not furnished their TIN to you are subject to withholding at a 28% rate on payments required to be reported in boxes 1, 2 (net of severance taxes), 3, 5 (to the extent paid in cash), 6, 7 (except fish purchases for cash), 8, 10, and 14. Enter backup withholding. For example, persons who have not furnished their TIN to you are subject to withholding at a 28% rate on payments required to be reported in boxes 1, 2 (net of severance taxes), 3, 5 (to the extent paid in cash), 6, 7 (except fish purchases for cash), 8, 10, and 14. Also enter any income tax withheld from payments to members of Indian tribes from the net revenues of class II or class III gaming activities conducted or licensed by the tribes. Also enter any income tax withheld from payments to members of Indian tribes from the net revenues of class II or class III gaming activities conducted or licensed by the tribes.

53 1099 Misc Line By Line Box 5. Fishing Boat Proceeds Enter the individual's share of all proceeds from the sale of a catch or the FMV of a distribution in kind to each crew member of fishing boats with normally fewer than 10 crew members. Enter the individual's share of all proceeds from the sale of a catch or the FMV of a distribution in kind to each crew member of fishing boats with normally fewer than 10 crew members. A fishing boat has normally fewer than 10 crew members if the average size of the operating crew was fewer than 10 on trips during the preceding 4 calendar quarters. A fishing boat has normally fewer than 10 crew members if the average size of the operating crew was fewer than 10 on trips during the preceding 4 calendar quarters. In addition, report cash payments of up to $100 per trip that are contingent on a minimum catch and are paid solely for additional duties (such as mate, engineer, or cook) for which additional cash payments are traditional in the industry. In addition, report cash payments of up to $100 per trip that are contingent on a minimum catch and are paid solely for additional duties (such as mate, engineer, or cook) for which additional cash payments are traditional in the industry. However, do not report on Form 1099-MISC any wages reportable on Form W-2 However, do not report on Form 1099-MISC any wages reportable on Form W-2

54 1099 Misc Line By Line Box 6. Medical and Health Care Payments Enter payments of $600 or more made in the course of your trade or business to each physician or other supplier or provider of medical or health care services. Enter payments of $600 or more made in the course of your trade or business to each physician or other supplier or provider of medical or health care services. Include payments made by medical and health care insurers under health, accident, and sickness insurance programs. Include payments made by medical and health care insurers under health, accident, and sickness insurance programs. If payment is made to a corporation, list the corporation as the recipient rather than the individual providing the services. If payment is made to a corporation, list the corporation as the recipient rather than the individual providing the services.

55 1099 Misc Line By Line Box 6. Medical and Health Care Payments Payments to persons providing health care services often include charges for injections, drugs, dentures, and similar items. Payments to persons providing health care services often include charges for injections, drugs, dentures, and similar items. In these cases the entire payment is subject to information reporting. In these cases the entire payment is subject to information reporting. You are not required to report payments to pharmacies for prescription drugs. You are not required to report payments to pharmacies for prescription drugs. The exemption from issuing Form 1099-MISC to a corporation does not apply to payments for medical or The exemption from issuing Form 1099-MISC to a corporation does not apply to payments for medical or

56 1099 Misc Line By Line Box 6. Medical and Health Care Payments health care services provided by corporations, including professional corporations. health care services provided by corporations, including professional corporations. However, you are not required to report payments made to However, you are not required to report payments made to a tax-exempt hospital or extended care facility or a tax-exempt hospital or extended care facility or to a hospital or extended care facility owned and operated by: to a hospital or extended care facility owned and operated by: the United States (or its possessions), the United States (or its possessions), a state, a state, the District of Columbia, the District of Columbia, or any of their political subdivisions, agencies, or instrumentalities. or any of their political subdivisions, agencies, or instrumentalities.

57 1099 Misc Line By Line Box 6. Medical and Health Care Payments Generally, payments made under Generally, payments made under a flexible spending arrangement (as defined in section 106(c)(2)) or a flexible spending arrangement (as defined in section 106(c)(2)) or a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106 a health reimbursement arrangement which is treated as employer-provided coverage under an accident or health plan for purposes of section 106 are exempt from the reporting requirements are exempt from the reporting requirements

58 1099 Misc Line By Line Box 7. Nonemployee Compensation Enter nonemployee compensation of $600 or more. Enter nonemployee compensation of $600 or more. Include fees, commissions, prizes and awards for services performed as a nonemployee, Include fees, commissions, prizes and awards for services performed as a nonemployee, Other forms of compensation for services performed for your trade or business by an individual who is not your employee, Other forms of compensation for services performed for your trade or business by an individual who is not your employee, Fish purchases for cash. Fish purchases for cash. Include oil and gas payments for a working interest, whether or not services are performed. Include oil and gas payments for a working interest, whether or not services are performed. Also include expenses incurred for the use of an entertainment facility that you treat as compensation to a nonemployee. Also include expenses incurred for the use of an entertainment facility that you treat as compensation to a nonemployee.

59 1099 Misc Line By Line Box 7. Nonemployee Compensation What is nonemployee compensation? If the following four conditions are met, you must generally report a payment as nonemployee compensation. What is nonemployee compensation? If the following four conditions are met, you must generally report a payment as nonemployee compensation. You made the payment to someone who is not your employee; You made the payment to someone who is not your employee; You made the payment for services in the course of your trade or business (including government agencies and nonprofit organizations); You made the payment for services in the course of your trade or business (including government agencies and nonprofit organizations); You made the payment to an individual, partnership, estate, or, in some cases, a corporation; and You made the payment to an individual, partnership, estate, or, in some cases, a corporation; and You made payments to the payee of at least $600 during the year. You made payments to the payee of at least $600 during the year.

60 1099 Misc Line By Line Box 7. Nonemployee Compensation Self-employment tax. Self-employment tax. Generally, amounts reportable in box 7 are subject to self-employment tax. Generally, amounts reportable in box 7 are subject to self-employment tax. If payments to individuals are not subject to this tax and are not reportable elsewhere on Form 1099-MISC, report the payments in box 3. If payments to individuals are not subject to this tax and are not reportable elsewhere on Form 1099-MISC, report the payments in box 3. However, report section 530 (of the Revenue Act of 1978) worker payments in box 7. However, report section 530 (of the Revenue Act of 1978) worker payments in box 7.

61 1099 Misc Line By Line Box 7. Nonemployee Compensation Examples. The following are some examples of payments to be reported in box 7. Examples. The following are some examples of payments to be reported in box 7. Professional service fees, such as fees to attorneys (including corporations), accountants, architects, contractors, engineers, etc. Professional service fees, such as fees to attorneys (including corporations), accountants, architects, contractors, engineers, etc. Fees paid by one professional to another, such as fee-splitting or referral fees. Fees paid by one professional to another, such as fee-splitting or referral fees. Payments by attorneys to witnesses or experts in legal adjudication. Payments by attorneys to witnesses or experts in legal adjudication. Payment for services, including payment for parts or materials used to perform the services if supplying the parts or materials was incidental to providing the service. For example, report the total insurance company payments to an auto repair shop under a repair contract showing an amount for labor and another amount for parts, if furnishing parts was incidental to repairing the auto. Payment for services, including payment for parts or materials used to perform the services if supplying the parts or materials was incidental to providing the service. For example, report the total insurance company payments to an auto repair shop under a repair contract showing an amount for labor and another amount for parts, if furnishing parts was incidental to repairing the auto.

62 1099 Misc Line By Line Box 7. Nonemployee Compensation Commissions paid to nonemployee salespersons that are subject to repayment but not repaid during the calendar year Commissions paid to nonemployee salespersons that are subject to repayment but not repaid during the calendar year A fee paid to a nonemployee, including an independent contractor, or travel reimbursement for which the nonemployee did not account to the payer, if the fee and reimbursement total at least $600. calendar year A fee paid to a nonemployee, including an independent contractor, or travel reimbursement for which the nonemployee did not account to the payer, if the fee and reimbursement total at least $600. calendar year

63 1099 Misc Line By Line Box 7. Nonemployee Compensation Payments to nonemployee entertainers for services. Payments to nonemployee entertainers for services. Use Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, for payments to nonresident aliens. Use Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, for payments to nonresident aliens. Exchanges of services between individuals in the course of their trades or businesses. Exchanges of services between individuals in the course of their trades or businesses. For example, an attorney represents a painter for nonpayment of business debts in exchange for the painting of the attorney's law offices. For example, an attorney represents a painter for nonpayment of business debts in exchange for the painting of the attorney's law offices. The amount reportable by each on Form 1099-MISC is the FMV of his or her own services performed. The amount reportable by each on Form 1099-MISC is the FMV of his or her own services performed. However, if the attorney represents the painter in a divorce proceeding, this is an activity that is unrelated to the painter's trade or business. However, if the attorney represents the painter in a divorce proceeding, this is an activity that is unrelated to the painter's trade or business. The attorney must report on Form 1099-MISC the value of his or her services. The attorney must report on Form 1099-MISC the value of his or her services. But the painter need not report on Form 1099-MISC the value of painting the law offices because the work is in exchange for legal services that are separate from the painters business. But the painter need not report on Form 1099-MISC the value of painting the law offices because the work is in exchange for legal services that are separate from the painters business.

64 1099 Misc Line By Line Box 7. Nonemployee Compensation Taxable fringe benefits for nonemployees. Taxable fringe benefits for nonemployees. Gross oil and gas payments for a working interest. Gross oil and gas payments for a working interest. Payments to an insurance salesperson who is not your common law or statutory employee. Payments to an insurance salesperson who is not your common law or statutory employee. Directors' fees Directors' fees Commissions paid to licensed lottery ticket sales agents Commissions paid to licensed lottery ticket sales agents Payments to section 530 (of the Revenue Act of 1978) workers. Payments to section 530 (of the Revenue Act of 1978) workers.

65 1099 Misc Line By Line Box 7. Nonemployee Compensation Nonqualified deferred compensation (Section 409A) income. Nonqualified deferred compensation (Section 409A) income. Include in box 7 the amount of all deferrals (plus earnings) reported in box 15b that are includible in gross income because the nonqualified deferred compensation (NQDC) plan fails to satisfy the requirements of section 409A. Include in box 7 the amount of all deferrals (plus earnings) reported in box 15b that are includible in gross income because the nonqualified deferred compensation (NQDC) plan fails to satisfy the requirements of section 409A. The essential notion of 409A is to prevent unduly “pushing off” the taxation of income to executives to try to better match tax consequence to period when the income is earned. The essential notion of 409A is to prevent unduly “pushing off” the taxation of income to executives to try to better match tax consequence to period when the income is earned. These amounts generally are subject to self-employment tax and are also subject to a substantial additional tax under section 409A that is reported on the nonemployee's Form 1040. These amounts generally are subject to self-employment tax and are also subject to a substantial additional tax under section 409A that is reported on the nonemployee's Form 1040.

66 1099 Misc Line By Line Box 7. Nonemployee Compensation Golden parachute payments to Independent Contractors. A parachute payment is any payment that meets all of the following conditions. Golden parachute payments to Independent Contractors. A parachute payment is any payment that meets all of the following conditions. The payment is in the nature of compensation. The payment is in the nature of compensation. The payment is to, or for the benefit of, a disqualified individual. The payment is to, or for the benefit of, a disqualified individual. The payment is contingent on a change in the ownership of a corporation, the effective control of a corporation, or the ownership of a substantial portion of the assets of a corporation (a change in ownership or control). The payment is contingent on a change in the ownership of a corporation, the effective control of a corporation, or the ownership of a substantial portion of the assets of a corporation (a change in ownership or control). The payment has (together with other payments described in 1, 2, and 3, above, made to the same individual) an aggregate present value of at least three times the individual's base amount. The payment has (together with other payments described in 1, 2, and 3, above, made to the same individual) an aggregate present value of at least three times the individual's base amount. A disqualified individual is one who at any time during the 12-month period prior to and ending on the date of the change in ownership or control of the corporation (the disqualified individual determination period) was an employee or independent contractor and was, in regard to that corporation, a shareholder, an officer, or a highly compensated individual. A disqualified individual is one who at any time during the 12-month period prior to and ending on the date of the change in ownership or control of the corporation (the disqualified individual determination period) was an employee or independent contractor and was, in regard to that corporation, a shareholder, an officer, or a highly compensated individual. Golden Parachute Payments to Employees are Reported on Form W-2 Golden Parachute Payments to Employees are Reported on Form W-2

67 1099 Misc Line By Line Box 7. Nonemployee Compensation Payments not reported in box 7. Do not report in box 7, nor elsewhere on Form 1099- MISC: Payments not reported in box 7. Do not report in box 7, nor elsewhere on Form 1099- MISC: the cost of current life insurance protection (report on Form W-2 or Form 1099-R); the cost of current life insurance protection (report on Form W-2 or Form 1099-R); an employee's wages, travel or auto allowance, or bonuses (report on Form W-2); an employee's wages, travel or auto allowance, or bonuses (report on Form W-2); or the cost of group-term life insurance paid on behalf of a former employee (report on Form W-2). or the cost of group-term life insurance paid on behalf of a former employee (report on Form W-2).

68 1099 Misc Line By Line Box 8. Substitute Payments in Lieu of Dividends or Interest Enter aggregate payments of at least $10 received by a broker for a customer in lieu of dividends or tax-exempt interest as a result of a loan of a customer's securities. Enter aggregate payments of at least $10 received by a broker for a customer in lieu of dividends or tax-exempt interest as a result of a loan of a customer's securities. For this purpose, a customer includes an individual, trust, estate, partnership, association, company, or corporation. For this purpose, a customer includes an individual, trust, estate, partnership, association, company, or corporation. It does not include a tax-exempt organization, the United States, any state, the District of Columbia, a U.S. possession, or a foreign government. It does not include a tax-exempt organization, the United States, any state, the District of Columbia, a U.S. possession, or a foreign government. File Form 1099-MISC with the IRS and furnish a copy to the customer for whom you received the payment. File Form 1099-MISC with the IRS and furnish a copy to the customer for whom you received the payment. Also, file Form 1099-MISC for and furnish a copy to an individual for whom you received a payment in lieu of tax-exempt interest. Also, file Form 1099-MISC for and furnish a copy to an individual for whom you received a payment in lieu of tax-exempt interest. Substitute payment means a payment in lieu of (a) a dividend or (b) tax-exempt interest to the extent that interest (including 0ID) has accrued while the securities were on loan. Substitute payment means a payment in lieu of (a) a dividend or (b) tax-exempt interest to the extent that interest (including 0ID) has accrued while the securities were on loan.

69 1099 Misc Line By Line Box 9. Payer Made Direct Sales of $5,000 or More Enter an "X" in the checkbox for sales by you of $5,000 or more of consumer products to a person on a buy-sell, deposit-commission, or other commission basis for resale (by the buyer or any other person) anywhere other than in a permanent retail establishment. Do not enter a dollar amount in this box. Enter an "X" in the checkbox for sales by you of $5,000 or more of consumer products to a person on a buy-sell, deposit-commission, or other commission basis for resale (by the buyer or any other person) anywhere other than in a permanent retail establishment. Do not enter a dollar amount in this box. If you are reporting an amount in box 7, you may also check box 9 on the same Form 1099-MISC. If you are reporting an amount in box 7, you may also check box 9 on the same Form 1099-MISC. The report you must give to the recipient for these direct sales need not be made on the official form. It may be in the form of a letter showing this information along with commissions, prizes, awards, etc. The report you must give to the recipient for these direct sales need not be made on the official form. It may be in the form of a letter showing this information along with commissions, prizes, awards, etc.

70 1099 Misc Line By Line Box 10. Crop Insurance Proceeds Enter crop insurance proceeds of $600 or more paid to farmers by insurance companies Enter crop insurance proceeds of $600 or more paid to farmers by insurance companies unless the farmer has informed the insurance company that expenses have been capitalized under section 278, 263A, or 447. unless the farmer has informed the insurance company that expenses have been capitalized under section 278, 263A, or 447.

71 1099 Misc Line By Line Boxes 11 and 12. Reserved Make no entries in these boxes Make no entries in these boxes

72 1099 Misc Line By Line Box 13. Excess Golden Parachute Payments Enter any excess golden parachute payments. Enter any excess golden parachute payments. An excess parachute payment is the amount An excess parachute payment is the amount of the excess of any parachute payment of the excess of any parachute payment over the base amount (the average annual compensation for services includible in the individual's gross income over the most recent 5 tax years).. over the base amount (the average annual compensation for services includible in the individual's gross income over the most recent 5 tax years)..

73 1099 Misc Line By Line Box 14. Gross Proceeds Paid to an Attorney Attorneys' fees of $600 or more paid in the course of your trade or business are reportable in box 7 of Form 1099-MISC. Attorneys' fees of $600 or more paid in the course of your trade or business are reportable in box 7 of Form 1099-MISC. The term attorney includes a law firm or other provider of legal services. The term attorney includes a law firm or other provider of legal services. Under section 6045(f), report in box 14 payments that: Under section 6045(f), report in box 14 payments that: Are made to an attorney in the course of your trade or business in connection with legal services, for example, as in a settlement agreement, Are made to an attorney in the course of your trade or business in connection with legal services, for example, as in a settlement agreement, Total $600 or more, and Total $600 or more, and Are not reportable by you in box 7. Are not reportable by you in box 7. However, these rules do not apply to wages paid to attorneys that are reportable on Form W-2 or to profits distributed by a partnership to its partners that are reportable on: However, these rules do not apply to wages paid to attorneys that are reportable on Form W-2 or to profits distributed by a partnership to its partners that are reportable on: Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., or Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., or Schedule K-1 (Form 1065-B), Partner's Share of Income (Loss) From an Electing Large Partnership. Schedule K-1 (Form 1065-B), Partner's Share of Income (Loss) From an Electing Large Partnership.

74 1099 Misc Line By Line Box 14. Gross Proceeds Paid to an Attorney Generally, you are not required to report the claimant's attorney's fees. Generally, you are not required to report the claimant's attorney's fees. For example, an insurance company pays a claimant's attorney $100,000 to settle a claim. For example, an insurance company pays a claimant's attorney $100,000 to settle a claim. The insurance company reports the payment as gross proceeds of $100,000 in box 14. The insurance company reports the payment as gross proceeds of $100,000 in box 14. The insurance company does not have a reporting requirement for the claimant's attorney's fees subsequently paid from these funds. The insurance company does not have a reporting requirement for the claimant's attorney's fees subsequently paid from these funds. However, these rules do However, these rules do

75 1099 Misc Line By Line Box 14. Gross Proceeds Paid to an Attorney These rules apply whether or not the legal services are provided to the payer and whether or not the attorney is exclusive payee (for example, the attorney's and claimant's names are on one check) or other information returns are required for some or all of a payment. These rules apply whether or not the legal services are provided to the payer and whether or not the attorney is exclusive payee (for example, the attorney's and claimant's names are on one check) or other information returns are required for some or all of a payment. For example, a person who, in the course of a trade or business, pays $600 of taxable damages to a claimant by paying that amount to a claimant's attorney is required : For example, a person who, in the course of a trade or business, pays $600 of taxable damages to a claimant by paying that amount to a claimant's attorney is required : to furnish Form 1099-MISC to the claimant under section 6041 to furnish Form 1099-MISC to the claimant under section 6041 and furnish Form 1099-MISC to the claimant's attorney under section 6045(f). and furnish Form 1099-MISC to the claimant's attorney under section 6045(f). For more examples and exceptions relating to payments to attorneys, see Regulations section 1.6045-5. For more examples and exceptions relating to payments to attorneys, see Regulations section 1.6045-5.

76 1099 Misc Line By Line Box 14. Gross Proceeds Paid to an Attorney However, these rules do not apply to wages paid to attorneys that are reportable on Form W-2 or to profits distributed by a partnership to its partners that are reportable on: However, these rules do not apply to wages paid to attorneys that are reportable on Form W-2 or to profits distributed by a partnership to its partners that are reportable on: Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., or Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., or Schedule K-1 (Form 1065-B), Partner's Share of Income (Loss) From an Electing Large Partnership. Schedule K-1 (Form 1065-B), Partner's Share of Income (Loss) From an Electing Large Partnership.

77 1099 Misc Line By Line Box 15a. Section 409A Deferrals You do not have to complete this box. You do not have to complete this box. If you complete this box, If you complete this box, Enter the total amount deferred during the year of at least $600 for the nonemployee under all nonqualified plans. Enter the total amount deferred during the year of at least $600 for the nonemployee under all nonqualified plans. The deferrals during the year include earnings on the current year and prior year deferrals The deferrals during the year include earnings on the current year and prior year deferrals For deferrals and earnings under NQDC plans for employees, see the Instructions for Forms W-2 and W-3. For deferrals and earnings under NQDC plans for employees, see the Instructions for Forms W-2 and W-3.

78 1099 Misc Line By Line Box 15a. Section 409A Income Enter all amounts deferred (including earnings on amounts deferred) that are includible in income under section 409A because the NQDC plan fails to satisfy the requirements of section 409A. Enter all amounts deferred (including earnings on amounts deferred) that are includible in income under section 409A because the NQDC plan fails to satisfy the requirements of section 409A. Do not include amounts properly reported on a Form 1099-MISC, corrected Form 1099-MISC, Form W-2, or Form W-2c for a prior year. Do not include amounts properly reported on a Form 1099-MISC, corrected Form 1099-MISC, Form W-2, or Form W-2c for a prior year. Also, do not include amounts that are considered to be subject to a substantial risk of forfeiture for purposes of section 409A Also, do not include amounts that are considered to be subject to a substantial risk of forfeiture for purposes of section 409A

79 1099 Misc Line By Line Boxes 16-18. State Information These boxes, and Copies 1 and 2, are provided for your convenience only and need not be completed for the IRS. These boxes, and Copies 1 and 2, are provided for your convenience only and need not be completed for the IRS. Use the state information boxes to report payments for up to two states. Keep the information for each state separated by the dash line. Use the state information boxes to report payments for up to two states. Keep the information for each state separated by the dash line. If you withheld state income tax on this payment, you may enter it in box 16. If you withheld state income tax on this payment, you may enter it in box 16. In box 17, enter the abbreviated name of the state and the payer's state identification number. In box 17, enter the abbreviated name of the state and the payer's state identification number. The state number is the payer's identification number assigned by the individual state. The state number is the payer's identification number assigned by the individual state. In box 18, you may enter the amount of the state payment. In box 18, you may enter the amount of the state payment. Use Copy 1 to provide information to the state tax department. Use Copy 1 to provide information to the state tax department. Give Copy 2 to the recipient for use in filing the recipient's state income tax return. Give Copy 2 to the recipient for use in filing the recipient's state income tax return.

80 1099 Misc Line By Line We are done with 1099 Misc. We are done with 1099 Misc. Hurray!!! Hurray!!! Questions ???????? Questions ????????

81 Employee or Independent Contractor? Robert J. Kiggins

82 General Test Generally an employee relationship exists when the person for whom services are performed has Generally an employee relationship exists when the person for whom services are performed has the right to control and direct the individual who performs ' the services, the right to control and direct the individual who performs ' the services, not only as to the result to be accomplished by the Work not only as to the result to be accomplished by the Work but also as to the details and means by which that result is accomplished. but also as to the details and means by which that result is accomplished. That is an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. That is an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if he has the right to do so. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if he has the right to do so. The right to discharge is also an important factor indicating that the person possessing that right is an employer. The right to discharge is also an important factor indicating that the person possessing that right is an employer. Other factors characteristic of an employer, but not - necessarily present in every case, are Other factors characteristic of an employer, but not - necessarily present in every case, are the fur­nishing 'Of tools and the fur­nishing 'Of tools and the furnishing of a place to work the furnishing of a place to work to the individual who performs the services. to the individual who performs the services.

83 General Test In general, if an, individual is subject to the control or direc­tion of another merely as to the result to be accomplished by the work and not as to the means and methods for accomplishing the result, he is an independent contractor. In general, if an, individual is subject to the control or direc­tion of another merely as to the result to be accomplished by the work and not as to the means and methods for accomplishing the result, he is an independent contractor. An individual performing services as an independent contractor' is not as to such services an employee under the usual common law rules. An individual performing services as an independent contractor' is not as to such services an employee under the usual common law rules. Individuals such as physicians, lawyers, dentists, veterinarians, construction contractors, public stenographers, and auctioneers, engaged in the pursuit of an independent trade, business, or profession, in which they offer their services to the public, are independent Contractors and not employees. Individuals such as physicians, lawyers, dentists, veterinarians, construction contractors, public stenographers, and auctioneers, engaged in the pursuit of an independent trade, business, or profession, in which they offer their services to the public, are independent Contractors and not employees.

84 Revenue Ruling 87-41: The Twenty Factors To help determine whether a worker is an employee under the common law rules, the IRS identified 20 factors that To help determine whether a worker is an employee under the common law rules, the IRS identified 20 factors that may indicate whether the employer can exercise enough control to establish an employer-employee relationship. may indicate whether the employer can exercise enough control to establish an employer-employee relationship. These factors, set forth in Revenue Ruling 87-41, were based on the circumstances that the courts identified and relied upon to decide whether an employment relationship existed. These factors, set forth in Revenue Ruling 87-41, were based on the circumstances that the courts identified and relied upon to decide whether an employment relationship existed. Not all the factors must be present to find an employee/employment relationship, Not all the factors must be present to find an employee/employment relationship, but the factors are guides to use but the factors are guides to use to assess the likelihood as to whether an individual is an employee or an independent contractor. to assess the likelihood as to whether an individual is an employee or an independent contractor. (1) Instructions. An employee must comply with instructions about when, where and how to work. The control factor is present if the employer has the right to require compliance with the instructions. (1) Instructions. An employee must comply with instructions about when, where and how to work. The control factor is present if the employer has the right to require compliance with the instructions.

85 Revenue Ruling 87-41: The Twenty Factors (2) Training. An employee receives on-going training from, or at the direction of, the employer. (2) Training. An employee receives on-going training from, or at the direction of, the employer. Independent contractors use their own methods and receive no training from the purchasers of their services. Independent contractors use their own methods and receive no training from the purchasers of their services. (3) Integration. An employee’s services are integrated into the business operations because the services are important to the business. This shows that the worker is subject to direction and control of the employer. (3) Integration. An employee’s services are integrated into the business operations because the services are important to the business. This shows that the worker is subject to direction and control of the employer. (4) Services rendered personally. If the services must be rendered personally, presumably the employer is interested in the methods used to accomplish the work as well as the end results. An employee often does not have the ability to assign their work to other employees, an independent contractor may assign the work to others. (4) Services rendered personally. If the services must be rendered personally, presumably the employer is interested in the methods used to accomplish the work as well as the end results. An employee often does not have the ability to assign their work to other employees, an independent contractor may assign the work to others. (5) Hiring, supervising and paying assistants. If an employer hires, supervises and pays assistants, the worker is generally categorized as an employee. An independent contractor hires, supervises and pays assistants under a contract that requires him or her to provide materials and labor and to be responsible only for the result. (5) Hiring, supervising and paying assistants. If an employer hires, supervises and pays assistants, the worker is generally categorized as an employee. An independent contractor hires, supervises and pays assistants under a contract that requires him or her to provide materials and labor and to be responsible only for the result.

86 Revenue Ruling 87-41: The Twenty Factors (6) Continuing relationship. A continuing relationship between the worker and the employer indicates that an employer-employee relationship exists. The IRS has found that a continuing relationship may exist where work is performed at frequently recurring intervals, even if the intervals are irregular. (6) Continuing relationship. A continuing relationship between the worker and the employer indicates that an employer-employee relationship exists. The IRS has found that a continuing relationship may exist where work is performed at frequently recurring intervals, even if the intervals are irregular. (7) Set hours of work. A worker who has set hours of work established by an employer is generally an employee. (7) Set hours of work. A worker who has set hours of work established by an employer is generally an employee. An independent contractor sets his/her own schedule. An independent contractor sets his/her own schedule. (8) Full time required. An employee normally works full time for an employer. (8) Full time required. An employee normally works full time for an employer. An independent contractor is free to work when and for whom he or she chooses. An independent contractor is free to work when and for whom he or she chooses. (9) Work done on premises. Work performed on the premises of the employer for whom the services are performed suggests employer control, and therefore, the worker may be an employee. (9) Work done on premises. Work performed on the premises of the employer for whom the services are performed suggests employer control, and therefore, the worker may be an employee. Independent Contractor may perform the work wherever they desire as long as the contract requirements are performed. Independent Contractor may perform the work wherever they desire as long as the contract requirements are performed. (10) Order or sequence set. A worker who must perform services in the order or sequence set by an employer is generally an employee. Independent Contractor performs the work in whatever order or sequence they may desire. (10) Order or sequence set. A worker who must perform services in the order or sequence set by an employer is generally an employee. Independent Contractor performs the work in whatever order or sequence they may desire.

87 Revenue Ruling 87-41: The Twenty Factors (11) Oral or written reports. A requirement that the worker submit regular or written reports to the employer indicates a degree of control by the employer. (11) Oral or written reports. A requirement that the worker submit regular or written reports to the employer indicates a degree of control by the employer. (12) Payments by hour, week or month. Payments by the hour, week or month generally point to an employer-employee relationship. (12) Payments by hour, week or month. Payments by the hour, week or month generally point to an employer-employee relationship. (13) Payment of expenses. If the employer ordinarily pays the worker’s business and/or travel expenses, the worker is ordinarily an employee. (13) Payment of expenses. If the employer ordinarily pays the worker’s business and/or travel expenses, the worker is ordinarily an employee. (14) Furnishing of tools and materials. If the employer furnishes significant tools, materials and other equipment by an employer, the worker is generally an employee. (14) Furnishing of tools and materials. If the employer furnishes significant tools, materials and other equipment by an employer, the worker is generally an employee. (15) Significant investment. If a worker has a significant investment in the facilities where the worker performs services, the worker may be an independent contractor. (15) Significant investment. If a worker has a significant investment in the facilities where the worker performs services, the worker may be an independent contractor.

88 Revenue Ruling 87-41: The Twenty Factors (16) Profit or loss. If the worker can make a profit or suffer a loss, the worker may be an independent contractor. Employees are typically paid for their time and labor and have no liability for business expenses. (16) Profit or loss. If the worker can make a profit or suffer a loss, the worker may be an independent contractor. Employees are typically paid for their time and labor and have no liability for business expenses. (17) Working for more than one firm at a time. If a worker performs services for a multiple of unrelated firms at the same time, the worker may be an independent contractor. (17) Working for more than one firm at a time. If a worker performs services for a multiple of unrelated firms at the same time, the worker may be an independent contractor. (18) Making services available to the general public. If a worker makes his or her services available to the general public on a regular and consistent basis, the worker may be an independent contractor. (18) Making services available to the general public. If a worker makes his or her services available to the general public on a regular and consistent basis, the worker may be an independent contractor. (19) Right to discharge. The employer’s right to discharge a worker is a factor indicating that the worker is an employee. (19) Right to discharge. The employer’s right to discharge a worker is a factor indicating that the worker is an employee. (20) Right to terminate. If the worker can quit work at any time without incurring liability, the worker is generally an employee. (20) Right to terminate. If the worker can quit work at any time without incurring liability, the worker is generally an employee.

89 Three Categories of Control Factors Over the years, the Internal Revenue Service recognized changes in business practices and therefore created three categories of factors to assess the degree of control and independence. Over the years, the Internal Revenue Service recognized changes in business practices and therefore created three categories of factors to assess the degree of control and independence. These factors are to be used in conjunction with the 20 Factors. These factors are to be used in conjunction with the 20 Factors. (1) Behavioral Control - Includes the type of instructions the business gives to the worker, such as (1) Behavioral Control - Includes the type of instructions the business gives to the worker, such as when and where to do the work, and when and where to do the work, and the training the business provides to the worker. the training the business provides to the worker. The key consideration is whether the business has retained the right to control the details of the worker’s performance or has relinquished that right The key consideration is whether the business has retained the right to control the details of the worker’s performance or has relinquished that right (2) Financial Control - Address the business’s right to control the business aspects of the worker’s job. (2) Financial Control - Address the business’s right to control the business aspects of the worker’s job. (3) Relationship Of Parties - The nature of the relationship may be evidenced by: (3) Relationship Of Parties - The nature of the relationship may be evidenced by: a written contract; a written contract; the benefits the business provides to an employee, such as paid vacation and health coverage; the benefits the business provides to an employee, such as paid vacation and health coverage; the permanency of the position; and the permanency of the position; and the extent to which the services performed are a key aspect of the regular business of the company. the extent to which the services performed are a key aspect of the regular business of the company.

90 Indicator Zones The ultimate test is whether the principal has the “right to direct” and control the individual in question. The ultimate test is whether the principal has the “right to direct” and control the individual in question. Case law tends to look at six indicator zones to answer this test: Case law tends to look at six indicator zones to answer this test: 1. Details of Work Performance 2. Expenses of Work Performed 3. Compensation for Work 4. Duration of Work Performance 5. Structure of Work Position 6. Location of Work Performance

91 1. Details of Work Performance Right to Control Right to Control Employee – activities and time are surrendered to the control of the employer Employee – activities and time are surrendered to the control of the employer Put differently – the employer has the right to say when, where, and how the worker is to work Put differently – the employer has the right to say when, where, and how the worker is to work Independent contractor – agreement to accomplish results or to use skill and care in accomplishing results Independent contractor – agreement to accomplish results or to use skill and care in accomplishing results Training a Worker Training a Worker Where a worker is required by the person for whom services are perfomed to be trained or required to work with an experienced worker this is indicative of an employee relationship Where a worker is required by the person for whom services are perfomed to be trained or required to work with an experienced worker this is indicative of an employee relationship Set Hours of Work and Requirement to Work Full Time Set Hours of Work and Requirement to Work Full Time These are factors indicative of employee status These are factors indicative of employee status

92 1. Details of Work Performance Order or Sequence Set – Tends to Show Employee Status Order or Sequence Set – Tends to Show Employee Status Where the worker is required to follow the established routines and schedules of the person or persons for whom the services are performed – this indicates employee status Where the worker is required to follow the established routines and schedules of the person or persons for whom the services are performed – this indicates employee status The key fact to consider is whether the business retains the right to direct and control the worker, regardless of whether the business actually exercises that right. The key fact to consider is whether the business retains the right to direct and control the worker, regardless of whether the business actually exercises that right. Required Written or Oral Reports – Tends to Show Employee Status Required Written or Oral Reports – Tends to Show Employee Status when the reporting system "measures compliance with performance standards concerning the details of how the work is performed, the system and its enforcement are evidence of control over the worker's behavior when the reporting system "measures compliance with performance standards concerning the details of how the work is performed, the system and its enforcement are evidence of control over the worker's behavior

93 1. Details of Work Performance Skill Skill Less skilled more likely to be employees Less skilled more likely to be employees By contrast, highly trained professional By contrast, highly trained professional Almost impossible to give such a person detailed instructions Almost impossible to give such a person detailed instructions In such a case the key point whether the workers are engaged in the pursuit of an independent' trade, business, or profession in which they offer their services to the public. In such a case the key point whether the workers are engaged in the pursuit of an independent' trade, business, or profession in which they offer their services to the public. If so – they are likely independent contractors If so – they are likely independent contractors If not – they are likely employees If not – they are likely employees Labels Labels Although the label placed on a relationship is irrelevant if it does not represent its true substance, it can be helpful in deciphering the parties' intent. Although the label placed on a relationship is irrelevant if it does not represent its true substance, it can be helpful in deciphering the parties' intent.

94 2. Expenses of Work Performance Payment of business or/or Travel Expenses – indicia of employee status Payment of business or/or Travel Expenses – indicia of employee status Note: clients of lawyers and accountants pay their travel expenses – does not maker them employees Note: clients of lawyers and accountants pay their travel expenses – does not maker them employees Unreimbursed expenses – independent contractors more likely to have these Unreimbursed expenses – independent contractors more likely to have these IRS does recognized that both employees and independent contractors have reimbursed expenses IRS does recognized that both employees and independent contractors have reimbursed expenses It is more useful to IC status that worker pays fixed on going costs that are paid regardless of whether work is being performed It is more useful to IC status that worker pays fixed on going costs that are paid regardless of whether work is being performed Furnishing of Tools and Materials to Worker – indicia of employee status Furnishing of Tools and Materials to Worker – indicia of employee status The more valuable the items furnished the more importance that is placed on this factor The more valuable the items furnished the more importance that is placed on this factor Relatively minor items furnished by worker do not typically support independent contractor status Relatively minor items furnished by worker do not typically support independent contractor status Significant Investment in Business – indicia of IC status Significant Investment in Business – indicia of IC status E.g. - Maintaining an office – c.f. but a home office would be scrutinized E.g. - Maintaining an office – c.f. but a home office would be scrutinized Costly equipment – e.g. computer systems Costly equipment – e.g. computer systems

95 2. Expenses of Work Performance Licenses and Fees Licenses and Fees IC’s obtain and pay for licenses (business, trade, construction permits, and professional licenses) IC’s obtain and pay for licenses (business, trade, construction permits, and professional licenses) IC’s also pay estimated taxes and self-employment taxes IC’s also pay estimated taxes and self-employment taxes W-2 is only evidence of employee status – it’s not conclusive W-2 is only evidence of employee status – it’s not conclusive Conversely the same applies as to 1099 – it’s only evidence of IC status Conversely the same applies as to 1099 – it’s only evidence of IC status

96 3. Compensation for Work Payment by the hour week or month Payment by the hour week or month Generally indicates EE status Generally indicates EE status C.F. Payment by the job or on a commission generally indicates IC status C.F. Payment by the job or on a commission generally indicates IC status A minimum salary or a non-refundable draw is indicative of EE status A minimum salary or a non-refundable draw is indicative of EE status Realization of a Profit or a Loss Realization of a Profit or a Loss Worker subject to real risk of economic loss due to significant investments or expense liability – IC Worker subject to real risk of economic loss due to significant investments or expense liability – IC Risk of non-payment of earned amounts – IC Risk of non-payment of earned amounts – IC Is the worker making the decisions that affect the worker’s bottom line – if so IC Is the worker making the decisions that affect the worker’s bottom line – if so IC Insurance Insurance Worker’s comp, fidelity bond, medical/dental/disability – Employee Worker’s comp, fidelity bond, medical/dental/disability – Employee IC’s provide own insurance in these areas IC’s provide own insurance in these areas Benefits Benefits Tax qualified plan, annuity or cafeteria plan – can only be provided to employees Tax qualified plan, annuity or cafeteria plan – can only be provided to employees Sick pay, paid vacations, bonuses, travel and business expense reimbursement, advances or drawing account – indicate employee status Sick pay, paid vacations, bonuses, travel and business expense reimbursement, advances or drawing account – indicate employee status

97 4. Duration of Work Performance Right of Discharge Right of Discharge Employee – can be fired Employee – can be fired IC – generally can’t be fired as long as performs pursuant to contract IC – generally can’t be fired as long as performs pursuant to contract Right of Worker to Terminate = neutral Right of Worker to Terminate = neutral Length of Relationship Length of Relationship In general, the longer the term of the relationship the more likely that employee status will be found In general, the longer the term of the relationship the more likely that employee status will be found

98 5. Structure of Work Position Integration into the Business Integration into the Business The more the success of the business is dependent upon the success of the worker the more likely that EE status results The more the success of the business is dependent upon the success of the worker the more likely that EE status results However, this is likely not a determinative factor However, this is likely not a determinative factor In fact, it is likely less a factor now than in the past In fact, it is likely less a factor now than in the past Services rendered personally Services rendered personally If worker can’t delegate performance – some evidence that worker is EE If worker can’t delegate performance – some evidence that worker is EE Many courts don’t consider this a helpful factor Many courts don’t consider this a helpful factor Hiring, Supervising and Paying Assistants Hiring, Supervising and Paying Assistants This is some evidence of IC status This is some evidence of IC status Generally won’t be determinative Generally won’t be determinative Working for more than one firm at a Time Working for more than one firm at a Time Some evidence of IC status Some evidence of IC status Not determinative – e.g especially if the firms are somewhat related Not determinative – e.g especially if the firms are somewhat related

99 5. Structure of Work Position Making service available to General Public Making service available to General Public A worker who consistently makes his or her service available to the general public – strong evidence of IC status A worker who consistently makes his or her service available to the general public – strong evidence of IC status This might be done by advertising, use of business cards, a web site, or other materials to make the public aware of availability This might be done by advertising, use of business cards, a web site, or other materials to make the public aware of availability Status of Principal Status of Principal If principal is in business – evidence that worker is EE If principal is in business – evidence that worker is EE Fits into a consideration under “relationship” of the parties Fits into a consideration under “relationship” of the parties Intent Intent Status of worker (IC or EE) intended by parties is a factor Status of worker (IC or EE) intended by parties is a factor However, just calling a worker an EE or IC is not determinative However, just calling a worker an EE or IC is not determinative

100 5. Structure of Work Position Industry Custom Industry Custom IE whether workers of the same type are generally treated as IC’s or EE’s by the industry IE whether workers of the same type are generally treated as IC’s or EE’s by the industry This will generally not be afforded much weight by the IRS This will generally not be afforded much weight by the IRS However, there is case law that does use industry custom to decide However, there is case law that does use industry custom to decide

101 5. Structure of Work Position State Law Characterization State Law Characterization It is not determinative whether state law characterizes a worker (e.g. for unemployment or workers comp) as an IC or an EE It is not determinative whether state law characterizes a worker (e.g. for unemployment or workers comp) as an IC or an EE In fact, IRS Training Course says state law determinations should be disregarded Rationale – different standards apply Usually under broader or different definitions of “employee” than exist under common law

102 5. Structure of Work Position Incorporation – Worker sets up Corporate Shell Incorporation – Worker sets up Corporate Shell This will do the trick of making the corporation an IC This will do the trick of making the corporation an IC However, the worker in turn will be an employee of his corporation However, the worker in turn will be an employee of his corporation It also means the workers corporation will have to do payroll withholding, provide worker’s compensation, provide disability and generally do what a payroll office function has to do It also means the workers corporation will have to do payroll withholding, provide worker’s compensation, provide disability and generally do what a payroll office function has to do Location of work performance Location of work performance If worker performs on premises furnished by person hiring – some evidence of EE If worker performs on premises furnished by person hiring – some evidence of EE CF – if worker performs off premises – some evidence of IC CF – if worker performs off premises – some evidence of IC These days – remote home office workers are becoming more common – many are EE’s These days – remote home office workers are becoming more common – many are EE’s Probably more the key is if the worker has to work on premises of hirer, at set hours, and on set dats Probably more the key is if the worker has to work on premises of hirer, at set hours, and on set dats

103 Backup Withholding Robert J. Kiggins

104 Backup Withholding What is Backup Withholding? Income tax may have to be withheld at a flat rate of 28% on the following types of income: Income tax may have to be withheld at a flat rate of 28% on the following types of income: Interest, Interest, Dividends, Dividends, Rents Rents Royalties, Royalties, Commissions and fees paid to independent contractors, Commissions and fees paid to independent contractors, Payments from brokers on stock and bond transactions. Payments from brokers on stock and bond transactions.

105 Backup Withholding When does the IRS require Backup Withholding? The payee fails to furnish his or her taxpayer identification number (TIN) to you. The payee fails to furnish his or her taxpayer identification number (TIN) to you. For interest, dividend, and broker and barter exchange accounts the payee fails to certify, under penalties of perjury, that the TIN provided is correct, For interest, dividend, and broker and barter exchange accounts the payee fails to certify, under penalties of perjury, that the TIN provided is correct,

106 Backup Withholding When does the IRS require Backup Withholding? - Continued The IRS notifies you to impose backup withholding because the payee furnished an incorrect TIN, The IRS notifies you to impose backup withholding because the payee furnished an incorrect TIN, For interest and dividend accounts or instruments, you are notified that the payee is subject to backup withholding or For interest and dividend accounts or instruments, you are notified that the payee is subject to backup withholding or For interest and dividend accounts the payee fails to certify to you, under penalties of perjury, that he or she is not subject to backup withholding For interest and dividend accounts the payee fails to certify to you, under penalties of perjury, that he or she is not subject to backup withholding

107 Backup Withholding Penalties If you do not collect and pay over backup withholding from affected payees as required, you may become liable for any uncollected amount!!!! If you do not collect and pay over backup withholding from affected payees as required, you may become liable for any uncollected amount!!!!

108 When to Apply Backup Withholding 1. Failure to furnish TIN in the manner required. Withhold on payments made until the TIN is furnished in the manner required. Withhold on payments made until the TIN is furnished in the manner required. Special backup withholding rules may apply if the payee has applied for a TIN. Special backup withholding rules may apply if the payee has applied for a TIN. The payee may certify to this on Form W-9 by noting "Applied For" in the TIN block and by signing the form. The payee may certify to this on Form W-9 by noting "Applied For" in the TIN block and by signing the form. This form then becomes an "awaiting-TIN" certificate, and the payee has 60 days to obtain a TIN and furnish it to you. This form then becomes an "awaiting-TIN" certificate, and the payee has 60 days to obtain a TIN and furnish it to you. If you do not receive a TIN from the payee within 60 days and you have not already begun backup withholding, begin backup withholding and continue until the TIN is provided. If you do not receive a TIN from the payee within 60 days and you have not already begun backup withholding, begin backup withholding and continue until the TIN is provided.

109 When to Apply Backup Withholding 1. Failure to furnish TIN in the manner required – Cont’d. The 60-day exemption from backup withholding applies only to interest and dividend payments and certain payments made with respect to readily tradable instruments. The 60-day exemption from backup withholding applies only to interest and dividend payments and certain payments made with respect to readily tradable instruments. Therefore, any other payment, such as nonemployee compensation, is subject to backup withholding even if the payee has applied for and is awaiting a TIN. Therefore, any other payment, such as nonemployee compensation, is subject to backup withholding even if the payee has applied for and is awaiting a TIN.

110 When to Apply Backup Withholding 2. Notice from the IRS that payee's TIN is incorrect. You may choose to withhold on any reportable payment made to the account(s) subject to backup withholding after receipt of a backup withholding notice. You may choose to withhold on any reportable payment made to the account(s) subject to backup withholding after receipt of a backup withholding notice. But you must withhold on any reportable payment made to the account more than 30 business days after you received the notice. But you must withhold on any reportable payment made to the account more than 30 business days after you received the notice. This triggers a “B” Notice Requirement – More on this in a bit This triggers a “B” Notice Requirement – More on this in a bit Stop withholding within 30 days after you receive a certified Form W-9 (or other form that requires the payee to certify under penalty of perjury). Stop withholding within 30 days after you receive a certified Form W-9 (or other form that requires the payee to certify under penalty of perjury).

111 When to Apply Backup Withholding 3. Notice from the IRS that payee is subject to backup withholding due to notified payee underreporting. You may choose to withhold on any reportable payment made to the account(s) subject to backup withholding after receipt of the notice, You may choose to withhold on any reportable payment made to the account(s) subject to backup withholding after receipt of the notice, but you must withhold on any reportable payment made to the account more than 30 business days after you receive the notice. but you must withhold on any reportable payment made to the account more than 30 business days after you receive the notice. The IRS will notify you in writing when to stop withholding, or the payee may furnish you a written certification from the IRS stating when the withholding should stop. The IRS will notify you in writing when to stop withholding, or the payee may furnish you a written certification from the IRS stating when the withholding should stop. In most cases, the stop date will be January 1 of the year following the year of the notice. In most cases, the stop date will be January 1 of the year following the year of the notice.

112 When to Apply Backup Withholding 4. Payee failure to certify that he or she is not subject to backup withholding. Withhold on reportable interest and dividends until the certification has been received. Withhold on reportable interest and dividends until the certification has been received.

113 Backup Withholding – B Notices How do I know if a TIN on my account is incorrect? How do I know if a TIN on my account is incorrect? The IRS will send you a CP2100 or a CP2100A Notice and a listing of incorrect name/TINs. The IRS will send you a CP2100 or a CP2100A Notice and a listing of incorrect name/TINs. This will trigger a Requirement that you send a “B” Notice to the Accounts Involved This will trigger a Requirement that you send a “B” Notice to the Accounts Involved A "B" Notice is a backup withholding notice. A "B" Notice is a backup withholding notice. There are two "B" Notices -- the First "B" Notice and the Second "B" Notice. There are two "B" Notices -- the First "B" Notice and the Second "B" Notice. You must send the First "B" Notice and a Form W-9 to a payee after you receive the first CP2100/CP2100A Notice with respect to this account for the purpose of soliciting a correct name/TIN combination. You must send the First "B" Notice and a Form W-9 to a payee after you receive the first CP2100/CP2100A Notice with respect to this account for the purpose of soliciting a correct name/TIN combination.

114 Backup Withholding – B Notices The text of the Second "B" Notice is different than that of the First "B" Notice. The text of the Second "B" Notice is different than that of the First "B" Notice. It tells the payee to contact IRS or SSA to obtain the correct name/TIN combination. It tells the payee to contact IRS or SSA to obtain the correct name/TIN combination. The mailing of the second notice should not include a Form W-9. You must send the second B Notice after receiving the second CP2100 or CP2100A with respect to this account. The payee must certify the Name/TIN combination after receiving the second "B" Notice. The mailing of the second notice should not include a Form W-9. You must send the second B Notice after receiving the second CP2100 or CP2100A with respect to this account. The payee must certify the Name/TIN combination after receiving the second "B" Notice. Generally, you do not have to send a "B" Notice more than two times within three calendar years to the same account. Generally, you do not have to send a "B" Notice more than two times within three calendar years to the same account.

115 Backup Withholding Who's Exempt from Backup Withholding? US citizens and resident aliens will be exempt from backup withholding if: US citizens and resident aliens will be exempt from backup withholding if: You properly report your name and Social Security number to the payer using Form W-9, and that information matches the IRS records, You properly report your name and Social Security number to the payer using Form W-9, and that information matches the IRS records, You have not been notified by the IRS that you are subject to mandatory backup withholding. You have not been notified by the IRS that you are subject to mandatory backup withholding.

116 Backup Withholding How do I get the individual's taxpayer ID? Use Form W-9 to request the identification number of the individual. Use Form W-9 to request the identification number of the individual. What if the individual refuses or neglects to give the taxpayer ID number? If you do not receive the information, start backup withholding immediately and continue until you receive it. If you do not receive the information, start backup withholding immediately and continue until you receive it.

117 Backup Withholding Reporting backup withholding. Report backup withholding on Form 945, Annual Return of Withheld Federal Income Tax Report backup withholding on Form 945, Annual Return of Withheld Federal Income Tax Additional information. For more information about backup withholding, see Pub. 1281. Additional information. For more information about backup withholding, see Pub. 1281.

118 Backup Withholding How do I deposit the backup withholding amounts? Generally the deposit rules for Form 945 are the same as those for Form 941 (payroll taxes). Generally the deposit rules for Form 945 are the same as those for Form 941 (payroll taxes). You are a semiweekly or monthly depositor, depending on the amount deposited. You are a semiweekly or monthly depositor, depending on the amount deposited. You may use the IRS e-file (EFTPS) system or make deposits using the deposit coupon. You may use the IRS e-file (EFTPS) system or make deposits using the deposit coupon. There are some special rules that relate to depositing backup withholding There are some special rules that relate to depositing backup withholding Read the Instructions for Form 945 for more information. Read the Instructions for Form 945 for more information.

119 Filing with the IRS and Correcting Returns Robert J. Kiggins

120 Intro to Filing Caveat: Don’t confuse filing with IRS with sending reports to Payees. Here we are generally talking about filing with the IRS When To File File Forms 1099 on paper by February 28, 2012, or April 2, 2012, if filing electronically. Also file Form 1096 with paper forms. File Forms 1099 on paper by February 28, 2012, or April 2, 2012, if filing electronically. Also file Form 1096 with paper forms. You will meet the requirement to file if the form is properly addressed and mailed on or before the due date. If the regular due date falls on a Saturday, Sunday, or legal holiday, file by the next business day. A business day is any day that is not a Saturday, Sunday, or legal holiday. You will meet the requirement to file if the form is properly addressed and mailed on or before the due date. If the regular due date falls on a Saturday, Sunday, or legal holiday, file by the next business day. A business day is any day that is not a Saturday, Sunday, or legal holiday. Private delivery services. You can use certain private delivery services designated by the IRS to meet the “timely mailing as timely filing” rule for information returns. The list includes only the following. Private delivery services. You can use certain private delivery services designated by the IRS to meet the “timely mailing as timely filing” rule for information returns. The list includes only the following.  DHL Express (DHL): DHL Same Day Service. Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx International Priority, and FedEx International First. Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx International Priority, and FedEx International First. United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date. The private delivery service can tell you how to get written proof of the mailing date.

121 Intro to Filing Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an IRS P.O. box address Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an IRS P.O. box address Reporting period. Forms 1099 are used to report amounts paid during the calendar year. Forms 5498, 5498- ESA, and 5498-SA are used to report amounts contributed and the fair market value of an account for the calendar year. Reporting period. Forms 1099 are used to report amounts paid during the calendar year. Forms 5498, 5498- ESA, and 5498-SA are used to report amounts contributed and the fair market value of an account for the calendar year. Extension. You can get an automatic 30-day extension of time to file by completing Form 8809, Application for Extension of Time To File Information Returns. Extension. You can get an automatic 30-day extension of time to file by completing Form 8809, Application for Extension of Time To File Information Returns. The form may be submitted on paper, or through the FIRE (Filing Information Returns Electronically) system either as a fill-in form or an electronic file. No signature or explanation is required for the extension. The form may be submitted on paper, or through the FIRE (Filing Information Returns Electronically) system either as a fill-in form or an electronic file. No signature or explanation is required for the extension. However, you must file Form 8809 by the due date of the returns in order to get the 30-day extension. However, you must file Form 8809 by the due date of the returns in order to get the 30-day extension. Under certain hardship conditions you may apply for an additional 30-day extension. See the instructions for Form 8809 for more information. Under certain hardship conditions you may apply for an additional 30-day extension. See the instructions for Form 8809 for more information. How to apply. How to apply. As soon as you know that a 30-day extension of time to file is needed, file Form 8809. As soon as you know that a 30-day extension of time to file is needed, file Form 8809. If you are requesting an extension for 10 or fewer filers, follow the instructions on Form 8809 and mail it to the address listed in the instructions on the form or you can fax it. See the instructions for Form 8809 for more information. If you are requesting an extension for 10 or fewer filers, follow the instructions on Form 8809 and mail it to the address listed in the instructions on the form or you can fax it. See the instructions for Form 8809 for more information. If you are requesting an extension for more than 10 filers, you must submit the extension request online or electronically through the FIRE system. If you are requesting an extension for more than 10 filers, you must submit the extension request online or electronically through the FIRE system.

122 Intro to Filing Where to File Where to File Send all information returns filed on paper to the following: Send all information returns filed on paper to the following: If your principal business, office or agency, or legal residence in the case of an individual, is located in Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Texas, Vermont, Virginia, West Virginia : If your principal business, office or agency, or legal residence in the case of an individual, is located in Alabama, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Texas, Vermont, Virginia, West Virginia : Department of the Treasury Internal Revenue Service Center Austin, TX 73301 Department of the Treasury Internal Revenue Service Center Austin, TX 73301 If your principal business, office or agency, or legal residence in the case of an individual, is located in Alaska, California, Colorado, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Washington, Wisconsin, Wyoming: If your principal business, office or agency, or legal residence in the case of an individual, is located in Alaska, California, Colorado, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Washington, Wisconsin, Wyoming: Department of the Treasury Internal Revenue Service Center Kansas City, MO 64999 Department of the Treasury Internal Revenue Service Center Kansas City, MO 64999 If your legal residence or principal place of business or principal office or agency is outside the United States, file with the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301. If your legal residence or principal place of business or principal office or agency is outside the United States, file with the Department of the Treasury, Internal Revenue Service Center, Austin, TX 73301. State and local tax departments. Contact the applicable state and local tax department as necessary for reporting requirements and where to file. State and local tax departments. Contact the applicable state and local tax department as necessary for reporting requirements and where to file.

123 Form 1096 – Paper Form Filers Filing Returns With the IRS Filing Returns With the IRS The IRS strongly encourages the quality review of data before filing to prevent erroneous notices from being mailed to payees (or others for whom information is being reported). The IRS strongly encourages the quality review of data before filing to prevent erroneous notices from being mailed to payees (or others for whom information is being reported). If you must file any 1099 with the IRS and you are filing paper forms, you must send a Form 1096 with each type of form as the transmittal document. If you must file any 1099 with the IRS and you are filing paper forms, you must send a Form 1096 with each type of form as the transmittal document. You must group the forms by form number and submit each group with a separate Form 1096. You must group the forms by form number and submit each group with a separate Form 1096. For example, if you file Forms 1099-DIV, 1099-INT and 1099-MISC, complete one Form 1096 to transmit Forms 1099-DIV, another for Forms 1099-INT, and a third for Forms 1099-MISC. Specific instructions for completing Form 1096 are included on the form. For example, if you file Forms 1099-DIV, 1099-INT and 1099-MISC, complete one Form 1096 to transmit Forms 1099-DIV, another for Forms 1099-INT, and a third for Forms 1099-MISC. Specific instructions for completing Form 1096 are included on the form. Transmitters, paying agents, etc. A transmitter, service bureau, paying agent, or disbursing agent (hereafter referred to as “agent”) may sign Form 1096 on behalf of any person required to file (hereafter referred to as “payer”) if the conditions in 1 and 2 below are met. Transmitters, paying agents, etc. A transmitter, service bureau, paying agent, or disbursing agent (hereafter referred to as “agent”) may sign Form 1096 on behalf of any person required to file (hereafter referred to as “payer”) if the conditions in 1 and 2 below are met. 1. The agent has the authority to sign the form under an agency agreement (oral, written, or implied) that is valid under state law and 2. The agent signs the form and adds the caption “For: (Name of payer).” Signing of the form by an authorized agent on behalf of the payer does not relieve the payer of the liability for penalties for not filing a correct, complete, and timely Form 1096 and accompanying returns. Signing of the form by an authorized agent on behalf of the payer does not relieve the payer of the liability for penalties for not filing a correct, complete, and timely Form 1096 and accompanying returns.

124 Filing – Additional General Considerations Forms 1099 or acceptable substitute statements to recipients issued by a service bureau or agent should show the same payer's name as shown on the information returns filed with the IRS. Forms 1099 or acceptable substitute statements to recipients issued by a service bureau or agent should show the same payer's name as shown on the information returns filed with the IRS. For information about the election to report and deposit backup withholding under the agent's TIN and how to prepare forms if the election is made, see Rev. Proc. 84-33, 1984-1 C.B. 502, and the Instructions for Form 945. For information about the election to report and deposit backup withholding under the agent's TIN and how to prepare forms if the election is made, see Rev. Proc. 84-33, 1984-1 C.B. 502, and the Instructions for Form 945. Keeping copies. Generally, keep copies of information returns you filed with the IRS or have the ability to reconstruct the data for at least 3 years, 4 years for Form 1099-C, from the due date of the returns. Keep copies of information returns for 4 years if backup withholding was imposed. Keeping copies. Generally, keep copies of information returns you filed with the IRS or have the ability to reconstruct the data for at least 3 years, 4 years for Form 1099-C, from the due date of the returns. Keep copies of information returns for 4 years if backup withholding was imposed. Shipping and mailing. Send the forms to the IRS in a flat mailing (not folded). If you are sending many forms, you may send them in conveniently sized packages. On each package, write your name, number the packages consecutively, and place Form 1096 in package number one. Postal regulations require forms and packages to be sent by First-Class Mail. Shipping and mailing. Send the forms to the IRS in a flat mailing (not folded). If you are sending many forms, you may send them in conveniently sized packages. On each package, write your name, number the packages consecutively, and place Form 1096 in package number one. Postal regulations require forms and packages to be sent by First-Class Mail.

125 Paper Filing Paper Document Reporting Paper Document Reporting If you are required to file 250 or more information returns, you must file electronically If you are required to file 250 or more information returns, you must file electronically Follow these guidelines. Follow these guidelines. If you have a small number of forms, consider contacting an IRS business partner who may be able to prepare them with little or no cost to you. If you have a small number of forms, consider contacting an IRS business partner who may be able to prepare them with little or no cost to you. Type entries using black ink in 12-point Courier font. Copy A is read by machine and must be typed clearly using no corrections in the data entry fields. Data must be printed in the middle of the blocks, well separated from other printing and guidelines. Type entries using black ink in 12-point Courier font. Copy A is read by machine and must be typed clearly using no corrections in the data entry fields. Data must be printed in the middle of the blocks, well separated from other printing and guidelines. Entries completed by hand, or using script, italic, or proportional spaced fonts, or in colors other than black, cannot be read correctly by machine. Entries completed by hand, or using script, italic, or proportional spaced fonts, or in colors other than black, cannot be read correctly by machine. Make all dollar entries without the dollar sign, but include the decimal point (00000.00). Show the cents portion of the money amounts. If a box does not apply, leave it blank. Make all dollar entries without the dollar sign, but include the decimal point (00000.00). Show the cents portion of the money amounts. If a box does not apply, leave it blank. Do not enter 0 (zero) or “None” in money amount boxes when no entry is required. Leave the boxes blank unless the instructions specifically require that you enter a 0 (zero). For example, in some cases, you must enter 0 (zero) to make corrections. See part H on this page. Do not enter 0 (zero) or “None” in money amount boxes when no entry is required. Leave the boxes blank unless the instructions specifically require that you enter a 0 (zero). For example, in some cases, you must enter 0 (zero) to make corrections. See part H on this page. Do not enter number signs (#) e.g. use RT 2, not Rt. #2. Do not enter number signs (#) e.g. use RT 2, not Rt. #2. Send the entire page of Copy A of your information returns with Form 1096 to the IRS even if some of the forms are blank or void Send the entire page of Copy A of your information returns with Form 1096 to the IRS even if some of the forms are blank or void Do not use staples on any forms. Do not use staples on any forms. To locate an IRS business partner who may be able to offer low-cost or even free filing of certain forms, enter e-file for Business Partners in the Search box on IRS.gov. To locate an IRS business partner who may be able to offer low-cost or even free filing of certain forms, enter e-file for Business Partners in the Search box on IRS.gov.

126 Paper Filings Multiple filings. If, after you file Forms 1099 you discover additional forms that are required to be filed, file these forms with a new Form 1096. Do not include copies or information from previously filed returns. Multiple filings. If, after you file Forms 1099 you discover additional forms that are required to be filed, file these forms with a new Form 1096. Do not include copies or information from previously filed returns. Required format. Because paper forms are scanned, all Forms 1096 and Copies A of Forms 1099, must be prepared in accordance with the following instructions. If these instructions are not followed, you may be subject to a penalty for each incorrectly filed document. Required format. Because paper forms are scanned, all Forms 1096 and Copies A of Forms 1099, must be prepared in accordance with the following instructions. If these instructions are not followed, you may be subject to a penalty for each incorrectly filed document. Do not cut or separate Copies A of the forms that are printed two or three to a sheet (except Forms W-2G and 1098-C). Do not cut or separate Copies A of the forms that are printed two or three to a sheet (except Forms W-2G and 1098-C). Generally, Forms 1099 are printed two or three to an 8 x 11 inch sheet. Generally, Forms 1099 are printed two or three to an 8 x 11 inch sheet. Form 1096 is printed one to an 8 x 11 inch sheet. Form 1096 is printed one to an 8 x 11 inch sheet. These forms must be submitted to the IRS on the 8 x 11 inch sheet. These forms must be submitted to the IRS on the 8 x 11 inch sheet. If at least one form on the page is correctly completed, you must submit the entire page If at least one form on the page is correctly completed, you must submit the entire page Send the forms to the IRS in a flat mailing (not folded). Send the forms to the IRS in a flat mailing (not folded).

127 Paper Filings No photocopies of any forms are acceptable.. No photocopies of any forms are acceptable.. Do not staple, tear, or tape any of these forms. It will interfere with the IRS' ability to scan the documents. Do not staple, tear, or tape any of these forms. It will interfere with the IRS' ability to scan the documents. Pinfeed holes on the form are not acceptable. Pinfeed strips outside the 8 x 11 inch area must be removed before submission, without tearing or ripping the form. Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single sheet (8 x 11 inches) before they are filed with the IRS. Pinfeed holes on the form are not acceptable. Pinfeed strips outside the 8 x 11 inch area must be removed before submission, without tearing or ripping the form. Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single sheet (8 x 11 inches) before they are filed with the IRS. Do not change the title of any box on any form. Do not use a form to report information that is not properly reportable on that form. If you are unsure of where to report the data, call the information reporting call site at 1-866-455-7438 (toll free). Do not change the title of any box on any form. Do not use a form to report information that is not properly reportable on that form. If you are unsure of where to report the data, call the information reporting call site at 1-866-455-7438 (toll free). Report information only in the appropriate boxes provided on the forms. Make only one entry in each box unless otherwise indicated in the form's specific instructions. Report information only in the appropriate boxes provided on the forms. Make only one entry in each box unless otherwise indicated in the form's specific instructions. Do not submit any copy other than Copy A to the IRS. Do not submit any copy other than Copy A to the IRS. Do not use prior year forms unless you are reporting prior year information. Do not use subsequent year forms for the current year. Because forms are scanned, you must use the current year form to report current year information. Do not use prior year forms unless you are reporting prior year information. Do not use subsequent year forms for the current year. Because forms are scanned, you must use the current year form to report current year information. Use the official forms or substitute forms that meet the specifications in Pub. 1179. If you submit substitute forms that do not meet the current specifications and that are not scannable, you may be subject to a penalty for each return for improper format. See part O on page 11. Use the official forms or substitute forms that meet the specifications in Pub. 1179. If you submit substitute forms that do not meet the current specifications and that are not scannable, you may be subject to a penalty for each return for improper format. See part O on page 11. Do not use dollar signs ($) (they are preprinted on the forms), ampersands (&), asterisks (*), commas (,), or other special characters in money amount boxes. Do not use dollar signs ($) (they are preprinted on the forms), ampersands (&), asterisks (*), commas (,), or other special characters in money amount boxes. Do not use apostrophes ('), asterisks (*), or other special characters on the payee name line. Do not use apostrophes ('), asterisks (*), or other special characters on the payee name line.

128 Paper Filings - Errors Common errors. Be sure to check your returns to prevent the following common errors. Duplicate filing. Do not send the same information to the IRS more than once. Also see Multiple filings on this page. Common errors. Be sure to check your returns to prevent the following common errors. Duplicate filing. Do not send the same information to the IRS more than once. Also see Multiple filings on this page. Filer's name, address, and TIN are not the same on Form 1096 and the attached Forms 1099. Filer's name, address, and TIN are not the same on Form 1096 and the attached Forms 1099. Decimal point to show dollars and cents omitted. For example, 1230.00 is correct, not 1230. Decimal point to show dollars and cents omitted. For example, 1230.00 is correct, not 1230. Two or more types of returns submitted with one Form 1096 (for example, Forms 1099-INT and 1099-MISC with one Form 1096). You must submit a separate Form 1096 with each type of return. Two or more types of returns submitted with one Form 1096 (for example, Forms 1099-INT and 1099-MISC with one Form 1096). You must submit a separate Form 1096 with each type of return.

129 Correcting Paper Filed Returns If you filed a return with the IRS and later discover you made an error on it, you must: If you filed a return with the IRS and later discover you made an error on it, you must: Correct it as soon as possible and file Copy A and Form 1096 with your Internal Revenue Service Center Correct it as soon as possible and file Copy A and Form 1096 with your Internal Revenue Service Center Furnish statements to recipients showing the correction. Furnish statements to recipients showing the correction. When making a correction, complete all information (see Filing corrected returns on paper forms below). When making a correction, complete all information (see Filing corrected returns on paper forms below). Do not cut or separate forms that are two or three to a page. Submit the entire page even if only one of the forms on the page is completed. Do not cut or separate forms that are two or three to a page. Submit the entire page even if only one of the forms on the page is completed. Do not staple the forms to Form 1096. Do not staple the forms to Form 1096. Do not send corrected returns to the IRS if you are correcting state or local information only. Contact the state or local tax department for help with this type of correction. Do not send corrected returns to the IRS if you are correcting state or local information only. Contact the state or local tax department for help with this type of correction. To correct payer information, write a letter to the IRS: To correct payer information, write a letter to the IRS: 1. Name and address of the payer 2. Type of error (including the incorrect payer name/TIN that was reported) 3. Tax year 4. Payer TIN 5. Transmitter Control Code (TCC) 6. Type of return 7. Number of payees 8. Filing method (paper or electronic) 9. Was federal income tax withheld? Send the letter to Internal Revenue Service, Information Returns Branch, 230 Murall Drive, Mail Stop 4360, Kearneysville, WV 25430. Send the letter to Internal Revenue Service, Information Returns Branch, 230 Murall Drive, Mail Stop 4360, Kearneysville, WV 25430. If a payer realizes duplicate reporting or a large percentage of incorrect information has been filed, contact the information reporting customer service site at 1-866-455-7438 for further instructions. If a payer realizes duplicate reporting or a large percentage of incorrect information has been filed, contact the information reporting customer service site at 1-866-455-7438 for further instructions.

130 Correcting Paper Filed Returns Form 1096. Form 1096. Use a separate Form 1096 for each type of return you are correcting. Use a separate Form 1096 for each type of return you are correcting. For the same type of return, you may use one Form 1096 for both originals and corrections. For the same type of return, you may use one Form 1096 for both originals and corrections. You do not need to correct a previously filed Form 1096. You do not need to correct a previously filed Form 1096. CORRECTED checkbox. CORRECTED checkbox. Enter an “X” in the corrected checkbox only when correcting a form previously filed with the IRS or furnished to the recipient. Enter an “X” in the corrected checkbox only when correcting a form previously filed with the IRS or furnished to the recipient. Certain errors require two returns to make the correction. Certain errors require two returns to make the correction. See Filing corrected returns on paper forms below to determine when to mark the “CORRECTED” checkbox. See Filing corrected returns on paper forms below to determine when to mark the “CORRECTED” checkbox. Account number. Account number. If the account number was provided on the original return, the same account number must be included on both the original and corrected returns to properly identify and process the correction If the account number was provided on the original return, the same account number must be included on both the original and corrected returns to properly identify and process the correction If the account number was not provided on the original return, do not include it on the corrected return. See part L on page 8. If the account number was not provided on the original return, do not include it on the corrected return. See part L on page 8. Recipient's statement. You may enter a date next to the “CORRECTED” checkbox. This will help the recipient in the case of multiple corrections. Recipient's statement. You may enter a date next to the “CORRECTED” checkbox. This will help the recipient in the case of multiple corrections. Filing corrected returns on paper forms. Filing corrected returns on paper forms. The error charts following give step-by-step instructions for filing corrected returns for the most frequently made errors. The error charts following give step-by-step instructions for filing corrected returns for the most frequently made errors. They are grouped under Error Type 1 or 2. They are grouped under Error Type 1 or 2. Correction of errors may require the submission of more than one return. Be sure to read and follow the steps given. Correction of errors may require the submission of more than one return. Be sure to read and follow the steps given.

131 Error Type 1 – Form 1099 1. Prepare a new information return. 2. Enter an “X” in the “CORRECTED” box (and date (optional)) at the top of the form. 3. Correct any recipient information such as money amounts and address. Report other information as per original return. Incorrect money amount(s), code, or checkbox, or Incorrect address, or Incorrect payee name, or Incorrect money amount(s), code, or checkbox, or Incorrect address, or Incorrect payee name, or

132 Error Type 1- Form 1096 A return was filed when one should not have been filed. These errors require only one return to make the correction. Caution: If you must correct a TIN and/or a name and address, follow the instructions under Error Type 2. 1. Prepare a new transmittal Form 1096. 2. Provide all requested information on the form as it applies to Part A, 1 and 2. 3. File Form 1096 and Copy A of the return with the appropriate service center. 4. Do not include a copy of the original return that was filed incorrectly

133 Error Type 2 No payee TIN (SSN, EIN, QI-EIN, or ITIN), or Incorrect payee TIN, or Incorrect name and address, or Step 1. Identify incorrect return submitted.1.Prepare a new information return. 2.Enter an “X” in the “CORRECTED” box (and date (optional)) at the top of the form 3.Enter the payer, recipient, and account number information exactly as it appeared on the original incorrect return; however, enter 0 (zero) for all money amounts. Original return filed using wrong type of return (for example, a Form 1099-DIV was filed when a Form 1099-INT should have been filed). Two separate returns are required to make the correction properly. Follow all instructions for both Steps 1 and 2. Step 2. Report correct information.A. Form 1099 Prepare a new information return. Do not enter an “X” in the “CORRECTED” box at the top of the form. Prepare the new return as though it is an original. Include all the correct information on the form including the correct TIN, name, and address. B. Form 1096 Prepare a new transmittal Form 1096. Enter the words “Filed To Correct TIN,” “Filed To Correct Name and Address,” or “Filed To Correct Return” in the bottom margin of the form. Provide all requested information on the form as it applies to the returns prepared in Steps 1 and 2. File Form 1096 and Copy A of the return with the appropriate service center. Do not include a copy of the original return that was filed incorrectly.

134 Void Returns An “X” in the “VOID” box at the top of the form will not correct a previously filed return. See foregoing for instructions for making corrections. An “X” in the “VOID” box at the top of the form will not correct a previously filed return. See foregoing for instructions for making corrections. VOID box. If a completed or partially completed Form 1097, 1098, 1099, 3921, 3922, or 5498 is incorrect and you want to void it before submission to the IRS: VOID box. If a completed or partially completed Form 1097, 1098, 1099, 3921, 3922, or 5498 is incorrect and you want to void it before submission to the IRS: enter an “X” in the “VOID” box at the top of the form. For example, if you make an error while typing or printing a form, you should void it. enter an “X” in the “VOID” box at the top of the form. For example, if you make an error while typing or printing a form, you should void it. The return will then be disregarded during processing by the IRS. The return will then be disregarded during processing by the IRS. Go to the next form on the page, or to another page, and enter the correct information; but do not mark the “CORRECTED” box Go to the next form on the page, or to another page, and enter the correct information; but do not mark the “CORRECTED” box Do not cut or separate the forms that are two or three to a page. Do not cut or separate the forms that are two or three to a page. Submit the entire page even if only one of the forms on the page is a good return. Submit the entire page even if only one of the forms on the page is a good return.

135 Electronic Reporting You can file electronically through the Filing Information Returns Electronically System (FIRE System); You can file electronically through the Filing Information Returns Electronically System (FIRE System); however, you must have software that can produce a file in the proper format according to IRS Pub. 1220. however, you must have software that can produce a file in the proper format according to IRS Pub. 1220. The FIRE System does not provide a fill-in form option for information return reporting. i.e. you need to work with a private vendor The FIRE System does not provide a fill-in form option for information return reporting. i.e. you need to work with a private vendor The FIRE System operates 24 hours a day, 7 days a week. You may access the FIRE System via the Internet at fire.irs.gov. See Pub. 1220 for more info The FIRE System operates 24 hours a day, 7 days a week. You may access the FIRE System via the Internet at fire.irs.gov. See Pub. 1220 for more infofire.irs.gov Due dates. File Forms 1099 electronically through the FIRE System by April 2, 2012. Due dates. File Forms 1099 electronically through the FIRE System by April 2, 2012. You can request an extension – same rules apply as for paper filing – i.e Form 8809 filed via FIRE You can request an extension – same rules apply as for paper filing – i.e Form 8809 filed via FIRE Who must file electronically. If you are required to file 250 or more information returns, you must file electronically. The 250-or-more requirement applies separately to each type of form. For example, if you must file 500 Forms 1098 and 100 Forms 1099-A, you must file Forms 1098 electronically, but you are not required to file Forms 1099-A electronically. Who must file electronically. If you are required to file 250 or more information returns, you must file electronically. The 250-or-more requirement applies separately to each type of form. For example, if you must file 500 Forms 1098 and 100 Forms 1099-A, you must file Forms 1098 electronically, but you are not required to file Forms 1099-A electronically. The electronic filing requirement does not apply if you apply for and receive a hardship waiver The electronic filing requirement does not apply if you apply for and receive a hardship waiver

136 Electronic Filing Filing requirement applies separately to originals and corrections. The electronic filing requirements apply separately to original returns and corrected returns. Originals and corrections are not aggregated to determine whether you are required to file electronically Filing requirement applies separately to originals and corrections. The electronic filing requirements apply separately to original returns and corrected returns. Originals and corrections are not aggregated to determine whether you are required to file electronically For example, if you file 400 Forms 1098 electronically and you are making 75 corrections, your corrections can be filed on paper because the number of corrections for Form 1098 is less than the 250 filing requirement. However, if you were filing 250 or more Form 1098 For example, if you file 400 Forms 1098 electronically and you are making 75 corrections, your corrections can be filed on paper because the number of corrections for Form 1098 is less than the 250 filing requirement. However, if you were filing 250 or more Form 1098 How to get approval to file electronically. File Form 4419, Application for Filing Information Returns Electronically, at least 30 days before the due date of the returns. File Form 4419 for all types of returns that will be filed electronically. See Form 4419 for more information. Once you have received approval, you need not reapply each year. The IRS will provide a written reply to the applicant and further instructions at the time of approval, usually within 30 days. How to get approval to file electronically. File Form 4419, Application for Filing Information Returns Electronically, at least 30 days before the due date of the returns. File Form 4419 for all types of returns that will be filed electronically. See Form 4419 for more information. Once you have received approval, you need not reapply each year. The IRS will provide a written reply to the applicant and further instructions at the time of approval, usually within 30 days. How to request a waiver from filing electronically. To receive a waiver from the required filing of information returns electronically, submit Form 8508, Request for Waiver From Filing Information Returns Electronically, at least 45 days before the due date of the returns. You cannot apply for a waiver for more than 1 tax year at a time. If you need a waiver for more than 1 tax year, you must reapply at the appropriate time each year. How to request a waiver from filing electronically. To receive a waiver from the required filing of information returns electronically, submit Form 8508, Request for Waiver From Filing Information Returns Electronically, at least 45 days before the due date of the returns. You cannot apply for a waiver for more than 1 tax year at a time. If you need a waiver for more than 1 tax year, you must reapply at the appropriate time each year. If a waiver for original returns is approved, any corrections for the same types of returns will be covered under the waiver. However, if you submit original returns electronically but you want to submit your corrections on paper, a waiver must be approved for the corrections if you must file 250 or more corrections. If a waiver for original returns is approved, any corrections for the same types of returns will be covered under the waiver. However, if you submit original returns electronically but you want to submit your corrections on paper, a waiver must be approved for the corrections if you must file 250 or more corrections. If you receive an approved waiver, do not send a copy of it to the service center where you file your paper returns. Keep the waiver for your records only. If you receive an approved waiver, do not send a copy of it to the service center where you file your paper returns. Keep the waiver for your records only. Penalty. If you are required to file electronically but fail to do so, and you do not have an approved waiver, you may be subject to a penalty of up to $100 per return for failure to file electronically unless you establish reasonable cause. However, you can file up to 250 returns on paper; those returns will not be subject to a penalty for failure to file electronically Penalty. If you are required to file electronically but fail to do so, and you do not have an approved waiver, you may be subject to a penalty of up to $100 per return for failure to file electronically unless you establish reasonable cause. However, you can file up to 250 returns on paper; those returns will not be subject to a penalty for failure to file electronically corrections, they would have to be filed electronically. corrections, they would have to be filed electronically.

137 Furnishing Statements to Recipients If you are required to file Forms 1099you must also furnish statements to recipients containing the information furnished to the IRS and, in some cases, additional information. Be sure that the statements you provide to recipients are clear and legible. If you are required to file Forms 1099you must also furnish statements to recipients containing the information furnished to the IRS and, in some cases, additional information. Be sure that the statements you provide to recipients are clear and legible. Substitute statements. If you are not using the official IRS form to furnish statements to recipients, see Pub. 1179 for specific rules about providing “substitute” statements to recipients. Generally, a substitute is any statement other than Copy B of the official form. You may develop them yourself or buy them from a private printer. However, the substitutes must comply with the format and content requirements specified in Pub. 1179 that is available on IRS.gov. Substitute statements. If you are not using the official IRS form to furnish statements to recipients, see Pub. 1179 for specific rules about providing “substitute” statements to recipients. Generally, a substitute is any statement other than Copy B of the official form. You may develop them yourself or buy them from a private printer. However, the substitutes must comply with the format and content requirements specified in Pub. 1179 that is available on IRS.gov. Telephone number. You are required to include the telephone number of a person to contact on the following statements to recipients: 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-INT, 1099-K, 1099-LTC, 1099-MISC (excluding fishing boat proceeds), 1099-OID, 1099-PATR, 1099-Q, and 1099-S. Telephone number. You are required to include the telephone number of a person to contact on the following statements to recipients: 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-INT, 1099-K, 1099-LTC, 1099-MISC (excluding fishing boat proceeds), 1099-OID, 1099-PATR, 1099-Q, and 1099-S. You may include the telephone number in any conspicuous place on the statements. You may include the telephone number in any conspicuous place on the statements. This number must provide direct access to an individual who can answer questions about the statement. Although not required, if you report on other Forms 1099 and 5498, you are encouraged to furnish telephone numbers. This number must provide direct access to an individual who can answer questions about the statement. Although not required, if you report on other Forms 1099 and 5498, you are encouraged to furnish telephone numbers. Rules for furnishing statements. Different rules apply to furnishing statements to recipients depending on the type of payment (or other information) you are reporting and the form you are filing. Rules for furnishing statements. Different rules apply to furnishing statements to recipients depending on the type of payment (or other information) you are reporting and the form you are filing.

138 Statements to Recipients Dividend, interest, and royalty payments. For payments of dividends reported on Form 1099-DIV, interest including original issue discount and tax-exempt interest) under section 6049 (reported on Form 1099-INT or 1099-OID), or royalties under section 6050N (reported on Form 1099-MISC or 1099-S) Dividend, interest, and royalty payments. For payments of dividends reported on Form 1099-DIV, interest including original issue discount and tax-exempt interest) under section 6049 (reported on Form 1099-INT or 1099-OID), or royalties under section 6050N (reported on Form 1099-MISC or 1099-S) you are required to furnish an official IRS Form 1099 or an acceptable substitute Form 1099 to a recipient you are required to furnish an official IRS Form 1099 or an acceptable substitute Form 1099 to a recipient either in person, by First-Class Mail to the recipient's last known address, or electronically (see Electronic recipient statements below ). either in person, by First-Class Mail to the recipient's last known address, or electronically (see Electronic recipient statements below ). Statements may be sent by intraoffice mail if you use intraoffice mail to send account information and other correspondence to the recipient. Statements may be sent by intraoffice mail if you use intraoffice mail to send account information and other correspondence to the recipient. Statement mailing requirements for Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR, and forms reporting royalties only. Statement mailing requirements for Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR, and forms reporting royalties only. The following statement mailing requirements apply only to Forms 1099-DIV (except for section 404(k) dividends), 1099-INT (except for interest reportable in the course of your trade or business under section 6041), 1099-OID, 1099-PATR, and timber royalties reported under section 6050N (on Form 1099-MISC or 1099-S). The following statement mailing requirements apply only to Forms 1099-DIV (except for section 404(k) dividends), 1099-INT (except for interest reportable in the course of your trade or business under section 6041), 1099-OID, 1099-PATR, and timber royalties reported under section 6050N (on Form 1099-MISC or 1099-S). The mailing must contain the official IRS Form 1099 or an acceptable substitute and may also contain the following enclosures: (a) Form W-2, applicable Form W-8, Form W-9, or other Forms W-2G, 1097, 1098, 1099, 3921, 3922, and 5498 statements; (b) a check from the account being reported; (c) a letter explaining why no check is enclosed; (d) a statement of the person's account shown on Forms 1097, 1098, 1099, 3921, 3922, or 5498; and (e) a letter explaining the tax consequences of the information shown on the recipient statement. The mailing must contain the official IRS Form 1099 or an acceptable substitute and may also contain the following enclosures: (a) Form W-2, applicable Form W-8, Form W-9, or other Forms W-2G, 1097, 1098, 1099, 3921, 3922, and 5498 statements; (b) a check from the account being reported; (c) a letter explaining why no check is enclosed; (d) a statement of the person's account shown on Forms 1097, 1098, 1099, 3921, 3922, or 5498; and (e) a letter explaining the tax consequences of the information shown on the recipient statement. A statement of the person's account (year-end account summary) that you are permitted to enclose in a statement mailing may include information similar to the following: (a) the part of a mutual fund distribution that is interest on U.S. Treasury obligations; (b) accrued interest expense on the purchase of a debt obligation; and (c) the cost or other basis of securities and the gain/loss on the sale of securities. A statement of the person's account (year-end account summary) that you are permitted to enclose in a statement mailing may include information similar to the following: (a) the part of a mutual fund distribution that is interest on U.S. Treasury obligations; (b) accrued interest expense on the purchase of a debt obligation; and (c) the cost or other basis of securities and the gain/loss on the sale of securities. No additional enclosures, such as advertising, promotional material, or a quarterly or annual report, are permitted. Even a sentence or two on the year-end statement describing new services offered by the payer is not permitted. Logos are permitted on the envelope and on any nontax enclosures. No additional enclosures, such as advertising, promotional material, or a quarterly or annual report, are permitted. Even a sentence or two on the year-end statement describing new services offered by the payer is not permitted. Logos are permitted on the envelope and on any nontax enclosures. A recipient statement may be perforated to a check or to a statement of the recipient's specific account. The check or account statement to which the recipient statement is perforated must contain, in bold and conspicuous type, the legend “Important Tax Return Document Attached.” A recipient statement may be perforated to a check or to a statement of the recipient's specific account. The check or account statement to which the recipient statement is perforated must contain, in bold and conspicuous type, the legend “Important Tax Return Document Attached.” The legend “Important Tax Return Document Enclosed” must appear in a bold and conspicuous manner on the outside of the envelope and on each letter explaining why no check is enclosed, or on each check or account statement that is not perforated to the recipient statement. The legend is not required on any tax form, tax statement, or permitted letter of tax consequences included in a statement mailing. Further, you need not pluralize the word “document” in the legend simply because more than one recipient statement is enclosed. The legend “Important Tax Return Document Enclosed” must appear in a bold and conspicuous manner on the outside of the envelope and on each letter explaining why no check is enclosed, or on each check or account statement that is not perforated to the recipient statement. The legend is not required on any tax form, tax statement, or permitted letter of tax consequences included in a statement mailing. Further, you need not pluralize the word “document” in the legend simply because more than one recipient statement is enclosed.

139 Statements to Recipients Other information. Statements to recipients for Forms 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G, 1099-H, 1099-K, 1099-LTC, 1099-MISC, 1099-Q, 1099-R, 1099-SA, 1099-DIV only for section 404(k) dividends reportable under section 6047, 1099-INT only for interest reportable in the course of your trade or business under section 6041, or 1099-S only for royalties Other information. Statements to recipients for Forms 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G, 1099-H, 1099-K, 1099-LTC, 1099-MISC, 1099-Q, 1099-R, 1099-SA, 1099-DIV only for section 404(k) dividends reportable under section 6047, 1099-INT only for interest reportable in the course of your trade or business under section 6041, or 1099-S only for royalties Need not be, but can be, a copy of the official paper form filed with the IRS. Need not be, but can be, a copy of the official paper form filed with the IRS. If you do not use a copy of the paper form, the form number and title of your substitute must be the same as the official IRS form. If you do not use a copy of the paper form, the form number and title of your substitute must be the same as the official IRS form. All information required to be reported must be numbered and titled on your substitute in substantially the same manner as on the official IRS form All information required to be reported must be numbered and titled on your substitute in substantially the same manner as on the official IRS form However, if you are reporting a payment as “Other income” in Box 3 of Form 1099-MISC, you may substitute appropriate explanatory language for the box title. For example, for payments of accrued wages to a beneficiary of a deceased employee required to be reported on Form 1099-MISC, you might change the title of Box 3 to “Beneficiary payments” or something similar. Appropriate instructions to the recipient, similar to those on the official IRS form, must be provided to aid in the proper reporting of the items on the recipient's income tax return. For payments reported on Form 1099-B, rather than furnish appropriate instructions with each Form 1099-B statement, you may furnish to the recipient one set of instructions for all statements required to be furnished to a recipient in a calendar year. Appropriate instructions to the recipient, similar to those on the official IRS form, must be provided to aid in the proper reporting of the items on the recipient's income tax return. For payments reported on Form 1099-B, rather than furnish appropriate instructions with each Form 1099-B statement, you may furnish to the recipient one set of instructions for all statements required to be furnished to a recipient in a calendar year. Except for royalties reported on Form 1099-MISC, the statement mailing requirements explained on page 8 do not apply to statements to recipients for information reported on the forms listed under Other information above. You may combine the statements with other reports or financial or commercial notices, or expand them to include other information of interest to the recipient. Be sure that all copies of the forms are legible. See Pub. 1179 for certain “composite” statements that are permitted. Except for royalties reported on Form 1099-MISC, the statement mailing requirements explained on page 8 do not apply to statements to recipients for information reported on the forms listed under Other information above. You may combine the statements with other reports or financial or commercial notices, or expand them to include other information of interest to the recipient. Be sure that all copies of the forms are legible. See Pub. 1179 for certain “composite” statements that are permitted.

140 Statement to Recipients When to furnish forms or statements. Generally, you must furnish Forms 1099 information by January 31, 2012. Forms 1099-B, 1099-S, and 1099-MISC (only if you are reporting payments in boxes 8 or 14) must be furnished by February 15, 2012. at the time of When to furnish forms or statements. Generally, you must furnish Forms 1099 information by January 31, 2012. Forms 1099-B, 1099-S, and 1099-MISC (only if you are reporting payments in boxes 8 or 14) must be furnished by February 15, 2012. at the time of You will meet the requirement to furnish the statement if it is properly addressed and mailed, or, with respect to electronic recipient statements, posted to a website, on or before the due date. If the regular due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. A business day is any day that is not a Saturday, Sunday, or legal holiday. redemption. You will meet the requirement to furnish the statement if it is properly addressed and mailed, or, with respect to electronic recipient statements, posted to a website, on or before the due date. If the regular due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. A business day is any day that is not a Saturday, Sunday, or legal holiday. redemption. Electronic recipient statements. If you are required to furnish a written statement (Copy B or an acceptable substitute) to a recipient, then you may furnish the statement electronically instead of on paper. This includes furnishing the statement to recipients of, 1099-A, B, C, CAP, DIV, G, H, INT, K, LTC, MISC, OID, PATR, Q, R, S, SA. Electronic recipient statements. If you are required to furnish a written statement (Copy B or an acceptable substitute) to a recipient, then you may furnish the statement electronically instead of on paper. This includes furnishing the statement to recipients of, 1099-A, B, C, CAP, DIV, G, H, INT, K, LTC, MISC, OID, PATR, Q, R, S, SA. Recipient must consent and there are format, posting and notification requirements!!! Recipient must consent and there are format, posting and notification requirements!!!

141 Form 1099-R Robert J. Kiggins

142 What Gets Reported File Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit- Sharing Plans, IRAs, Insurance Contracts, etc., for each person to whom you have made a designated distribution or are treated as having made a distribution of $10 or more from: File Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit- Sharing Plans, IRAs, Insurance Contracts, etc., for each person to whom you have made a designated distribution or are treated as having made a distribution of $10 or more from: profit-sharing or retirement plans, profit-sharing or retirement plans, any individual retirement arrangements (IRAs), any individual retirement arrangements (IRAs), annuities, pensions, insurance contracts annuities, pensions, insurance contracts survivor income benefit plans, permanent and total disability payments under life insurance contracts, charitable gift annuities, etc. survivor income benefit plans, permanent and total disability payments under life insurance contracts, charitable gift annuities, etc.

143 Box-by-Box - Box 1 Gross Distribution Box 1. Gross distribution Box 1. Gross distribution Enter the total amount of the distribution before income tax or other deductions were withheld. Include direct rollovers, IRA rollovers to accepting employer plans, premiums paid by a trustee or custodian for the cost of current life or other insurance protection, including a recharacterization and a Roth IRA conversion. Enter the total amount of the distribution before income tax or other deductions were withheld. Include direct rollovers, IRA rollovers to accepting employer plans, premiums paid by a trustee or custodian for the cost of current life or other insurance protection, including a recharacterization and a Roth IRA conversion. There is a very important difference between a conversion and a recharacterization. Fortunately, the two terms are related: There is a very important difference between a conversion and a recharacterization. Fortunately, the two terms are related: IRA Conversion - this refers to the rollover or moving of assets from a Traditional IRA, SIMPLE IRA, or other qualified retirement plan into a Roth IRA. There are qualification rules as well as tax implications when converting to a Roth IRA, both of which might prompt the holder to recharacterize the conversion. IRA Conversion - this refers to the rollover or moving of assets from a Traditional IRA, SIMPLE IRA, or other qualified retirement plan into a Roth IRA. There are qualification rules as well as tax implications when converting to a Roth IRA, both of which might prompt the holder to recharacterize the conversion.converting to a Roth IRAconverting to a Roth IRA IRA Recharacterization - a recharacterization refers to the undoing, switching, or reversal of an IRA contribution or conversion IRA Recharacterization - a recharacterization refers to the undoing, switching, or reversal of an IRA contribution or conversion Include in this box the value of U.S. Savings Bonds distributed from a plan. Enter the appropriate taxable amount in box 2a. Furnish a statement to the plan participant showing the value of each bond at the time of distribution. This will provide him or her with the information necessary to figure the interest income on each bond when it is redeemed. Include in this box the value of U.S. Savings Bonds distributed from a plan. Enter the appropriate taxable amount in box 2a. Furnish a statement to the plan participant showing the value of each bond at the time of distribution. This will provide him or her with the information necessary to figure the interest income on each bond when it is redeemed. Include in box 1 amounts distributed from a qualified retirement plan for which the recipient elects to pay health insurance premiums under a cafeteria plan or that are paid directly to reimburse medical care expenses incurred by the recipient. Include in box 1 amounts distributed from a qualified retirement plan for which the recipient elects to pay health insurance premiums under a cafeteria plan or that are paid directly to reimburse medical care expenses incurred by the recipient. Include in box 1 charges or payments for qualified long-term care insurance contracts under combined arrangements. Enter Code W in box 7. Include in box 1 charges or payments for qualified long-term care insurance contracts under combined arrangements. Enter Code W in box 7. In addition to reporting distributions to beneficiaries of deceased employees, report here any death benefit payments made by employers that are not made as part of a pension, profit-sharing, or retirement plan. Also enter these amounts in box 2a; enter Code 4 in box 7. In addition to reporting distributions to beneficiaries of deceased employees, report here any death benefit payments made by employers that are not made as part of a pension, profit-sharing, or retirement plan. Also enter these amounts in box 2a; enter Code 4 in box 7. Designated Roth account distributions. If you are making a distribution from a designated Roth account, enter the gross distribution in box 1, the taxable portion of the distribution in box 2a, the basis included in the distributed amount in box 5, any amount allocable to an IRA made within the previous 5 years in box 10, and the first year of the 5-taxable-year period for determining qualified distributions in box 11. Also, enter the applicable code(s) in box 7. Designated Roth account distributions. If you are making a distribution from a designated Roth account, enter the gross distribution in box 1, the taxable portion of the distribution in box 2a, the basis included in the distributed amount in box 5, any amount allocable to an IRA made within the previous 5 years in box 10, and the first year of the 5-taxable-year period for determining qualified distributions in box 11. Also, enter the applicable code(s) in box 7.

144 Box by Box - Box 1 Gross Distribution Employer securities and other property. If you distribute employer securities or other property, include in box 1 the FMV of the securities or other property on the date of distribution. If there is a loss, special treatment applies Employer securities and other property. If you distribute employer securities or other property, include in box 1 the FMV of the securities or other property on the date of distribution. If there is a loss, special treatment applies If you are distributing worthless property only, you are not required to file Form 1099-R. However, you may file and enter 0 (zero) in boxes 1 and 2a and any after-tax employee contributions or designated Roth contributions in box 5. If you are distributing worthless property only, you are not required to file Form 1099-R. However, you may file and enter 0 (zero) in boxes 1 and 2a and any after-tax employee contributions or designated Roth contributions in box 5. Charitable gift annuities. If cash or capital gain property is donated in exchange for a charitable gift annuity, report the total amount distributed during the year in box 1. See Charitable gift annuities under Box 3 on page 10. Charitable gift annuities. If cash or capital gain property is donated in exchange for a charitable gift annuity, report the total amount distributed during the year in box 1. See Charitable gift annuities under Box 3 on page 10.

145 Line by Line – Box 2a Generally, you must enter the taxable amount in box 2a. However, if you are unable to reasonably obtain the data needed to compute the taxable amount leave this box blank. Generally, you must enter the taxable amount in box 2a. However, if you are unable to reasonably obtain the data needed to compute the taxable amount leave this box blank. Do not enter excludable or tax-deferred amounts reportable in boxes 5, 6, and 8. Do not enter excludable or tax-deferred amounts reportable in boxes 5, 6, and 8. Enter 0 (zero) in box 2a for: Enter 0 (zero) in box 2a for: A direct rollover (other than a qualified rollover contribution under section 408A(e) or an IRR – An In Pland Roth Rollover) from a qualified plan, section 403(b) plan, a governmental section 457(b) plan, or a rollover from a designated Roth account into a Roth IRA, A direct rollover (other than a qualified rollover contribution under section 408A(e) or an IRR – An In Pland Roth Rollover) from a qualified plan, section 403(b) plan, a governmental section 457(b) plan, or a rollover from a designated Roth account into a Roth IRA, A traditional, SEP, or SIMPLE IRA directly transferred to an accepting employer plan, A traditional, SEP, or SIMPLE IRA directly transferred to an accepting employer plan, An IRA recharacterization, An IRA recharacterization, A nontaxable section 1035 exchange of life insurance, annuity, endowment or long-term care insurance contracts, or A nontaxable section 1035 exchange of life insurance, annuity, endowment or long-term care insurance contracts, or A nontaxable charge or payment, for the purchase of a qualified long-term care insurance contract, against the cash value of an annuity contract or the cash surrender value of a life insurance contract. A nontaxable charge or payment, for the purchase of a qualified long-term care insurance contract, against the cash value of an annuity contract or the cash surrender value of a life insurance contract.

146 Recharacterization Example Recharacterization Example Recharacterization Example The calculation of a recharacterization is fairly straightforward. The computation timeline starts when the contribution is made to the IRA, and ends immediately before the recharacterization occurs. The amount recharacterized is always the fair market value of the contribution. Let's see how this works using an example: The calculation of a recharacterization is fairly straightforward. The computation timeline starts when the contribution is made to the IRA, and ends immediately before the recharacterization occurs. The amount recharacterized is always the fair market value of the contribution. Let's see how this works using an example: In this example, we have a Roth IRA that has a starting balance of $50,000 in June. The holder decides to convert $5,000 of their Traditional IRA to their Roth IRA, resulting in an Adjusted Opening Balance of $55,000. In December, the holder receives an incentive compensation payment, pushing their Adjusted Gross Income (AGI) above the $100,000 Roth IRA contribution threshold. In this case, the holder is no longer eligible to complete the Roth IRA conversion. In this example, we have a Roth IRA that has a starting balance of $50,000 in June. The holder decides to convert $5,000 of their Traditional IRA to their Roth IRA, resulting in an Adjusted Opening Balance of $55,000. In December, the holder receives an incentive compensation payment, pushing their Adjusted Gross Income (AGI) above the $100,000 Roth IRA contribution threshold. In this case, the holder is no longer eligible to complete the Roth IRA conversion.Adjusted Gross Income (AGI)Adjusted Gross Income (AGI) In January of the following year, the holder decides to reverse their conversion, recharacterizing the Roth IRA conversion as a Traditional IRA. At the time of the recharacterization, the Roth IRA had a Closing Balance of $60,500. No other funds were transferred into the Roth IRA. During the recharacterization, both the conversion dollars ($5,000) as well as earnings must be moved back to the Traditional IRA. The recharacterization amount is the sum of the conversion to be reversed ($5,000) plus the Net Income on those funds. In January of the following year, the holder decides to reverse their conversion, recharacterizing the Roth IRA conversion as a Traditional IRA. At the time of the recharacterization, the Roth IRA had a Closing Balance of $60,500. No other funds were transferred into the Roth IRA. During the recharacterization, both the conversion dollars ($5,000) as well as earnings must be moved back to the Traditional IRA. The recharacterization amount is the sum of the conversion to be reversed ($5,000) plus the Net Income on those funds. Net Income is calculated as: Net Income is calculated as: Net Income = Amount to Recharacterize x ((Closing Balance - Adjusted Opening Balance) /Adjusted Opening Balance) Net Income = Amount to Recharacterize x ((Closing Balance - Adjusted Opening Balance) /Adjusted Opening Balance) Net Income = $5,000 x (($60,500 - $55,000) / $55,000) Net Income = $5,000 x ($5,500 / $55,000) = $500 Net Income = $5,000 x (($60,500 - $55,000) / $55,000) Net Income = $5,000 x ($5,500 / $55,000) = $500 Therefore, the Recharacterization Amount is calculated as: Therefore, the Recharacterization Amount is calculated as: Recharacterization Amount = Amount to Recharacterize + Net Income Recharacterization Amount = $5,000 + $500 = $5,50 Recharacterization Amount = Amount to Recharacterize + Net Income Recharacterization Amount = $5,000 + $500 = $5,50

147 Box 2a Annuity Payments Essentially the annuity payment needs to get split: Essentially the annuity payment needs to get split: Attributable to Ee contributions – not taxable Attributable to Ee contributions – not taxable Attributable to Er contributions – taxable Attributable to Er contributions – taxable In most cases (i.e. annuity payment starting after 11/18/1996) or later the so called “Simplified Method” must be used. See IRS Publication 575 In most cases (i.e. annuity payment starting after 11/18/1996) or later the so called “Simplified Method” must be used. See IRS Publication 575

148 Annuity Payments Example Bill Smith, age 65, began receiving retire­ment benefits in 2010 under a joint and survivor annuity. Bill's annuity starting date is January 1, 2010. The benefits are to be paid for the joint lives of Bill and his wife, Kathy, age 65. Bill had contributed $31,000 to a qualified plan and had received no distributions before the annuity starting date. Bill is to receive a retirement benefit of $1,200 a month, and Kathy is to receive a monthly survivor benefit of $600 upon Bill's death. Bill Smith, age 65, began receiving retire­ment benefits in 2010 under a joint and survivor annuity. Bill's annuity starting date is January 1, 2010. The benefits are to be paid for the joint lives of Bill and his wife, Kathy, age 65. Bill had contributed $31,000 to a qualified plan and had received no distributions before the annuity starting date. Bill is to receive a retirement benefit of $1,200 a month, and Kathy is to receive a monthly survivor benefit of $600 upon Bill's death. Bill must use the Simplified Method to figure his taxable. Because his annuity is payable over the lives of more than one annuitant, he uses his and Kathy's combined ages and Table 2 at the bottom of Worksheet A in completing line 3 of the worksheet. His completed worksheet is shown below. Bill must use the Simplified Method to figure his taxable. Because his annuity is payable over the lives of more than one annuitant, he uses his and Kathy's combined ages and Table 2 at the bottom of Worksheet A in completing line 3 of the worksheet. His completed worksheet is shown below. Bill's tax-free monthly amount is $100 ($31,000/310) as shown on line 4 of the worksheet. Upon Bill's death, if Bill has not recovered the full $31,000 investment, Kathy will also exclude $100 from her $600 monthly payment. The full amount of any annuity payments received after 310 payments are paid must be included in gross income. Bill's tax-free monthly amount is $100 ($31,000/310) as shown on line 4 of the worksheet. Upon Bill's death, if Bill has not recovered the full $31,000 investment, Kathy will also exclude $100 from her $600 monthly payment. The full amount of any annuity payments received after 310 payments are paid must be included in gross income. If Bill and Kathy die before 310 payments are made, a miscellaneous itemized deduction will be allowed for the unrecovered cost on the final income tax return of the last to die. This deduction is not subject to the 2%-of- adjusted­gross-income limit. If Bill and Kathy die before 310 payments are made, a miscellaneous itemized deduction will be allowed for the unrecovered cost on the final income tax return of the last to die. This deduction is not subject to the 2%-of- adjusted­gross-income limit.

149 Annuity Payments – Example Worksheet A. Simplified Method Worksheet for Bill Smith Keep for Your Records Worksheet A. Simplified Method Worksheet for Bill Smith Keep for Your Records 1. Enter the total pension or annuity payments received this year. Also, add this amount to the total for 1. Enter the total pension or annuity payments received this year. Also, add this amount to the total for Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a..................... 1. $ 14,400 Form 1040, line 16a; Form 1040A, line 12a; or Form 1040NR, line 17a..................... 1. $ 14,400 2. Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion.* 2. Enter your cost in the plan (contract) at the annuity starting date plus any death benefit exclusion.* See Cost (Investment in the Contract) earlier...................................... 2. 31,000 See Cost (Investment in the Contract) earlier...................................... 2. 31,000 Note. If your annuity starting date was before this year and you completed this worksheet last year, Note. If your annuity starting date was before this year and you completed this worksheet last year, skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4 below (even if the skip line 3 and enter the amount from line 4 of last year’s worksheet on line 4 below (even if the amount of your pension or annuity has changed). Otherwise, go to line 3. amount of your pension or annuity has changed). Otherwise, go to line 3. 3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 3. Enter the appropriate number from Table 1 below. But if your annuity starting date was after 1997 and the payments are for your life and that of your beneficiary, enter the appropriate number from and the payments are for your life and that of your beneficiary, enter the appropriate number from Table 2 below.............................................................. 3. 310 Table 2 below.............................................................. 3. 310 4. Divide line 2 by the number on line 3.............................................. 4. 100 4. Divide line 2 by the number on line 3.............................................. 4. 100 5. Multiply line 4 by the number of months for which this year’s payments were made. If your annuity 5. Multiply line 4 by the number of months for which this year’s payments were made. If your annuity starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. starting date was before 1987, enter this amount on line 8 below and skip lines 6, 7, 10, and 11. Otherwise, go to line 6........................................................ 5. 1,200 Otherwise, go to line 6........................................................ 5. 1,200 6. Enter any amount previously recovered tax free in years after 1986. This is the amount shown on line 6. Enter any amount previously recovered tax free in years after 1986. This is the amount shown on line 10 of your worksheet for last year................................................ 6. -0- 10 of your worksheet for last year................................................ 6. -0- 7. Subtract line 6 from line 2...................................................... 7. 31,000 7. Subtract line 6 from line 2...................................................... 7. 31,000 8. Enter the smaller of line 5 or line 7............................................... 8. 1,200 8. Enter the smaller of line 5 or line 7............................................... 8. 1,200 9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, 9. Taxable amount for year. Subtract line 8 from line 1. Enter the result, but not less than zero. Also, add this amount to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line add this amount to the total for Form 1040, line 16b; Form 1040A, line 12b; or Form 1040NR, line 17b. Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line 17b. Note: If your Form 1099-R shows a larger taxable amount, use the amount figured on this line instead. If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety instead. If you are a retired public safety officer, see Insurance Premiums for Retired Public Safety Officers earlier before entering an amount on your tax return............................. 9. $ 13,200 Officers earlier before entering an amount on your tax return............................. 9. $ 13,200 10. Was your annuity starting date before 1987? 10. Was your annuity starting date before 1987? M Yes. STOP. Do not complete the rest of this worksheet. M Yes. STOP. Do not complete the rest of this worksheet. ú No. Add lines 6 and 8. This is the amount you have recovered tax free through 2010. You will need ú No. Add lines 6 and 8. This is the amount you have recovered tax free through 2010. You will need this number if you need to fill out this worksheet next year.............................. 10. 1,200 this number if you need to fill out this worksheet next year.............................. 10. 1,200 11. Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not have to complete 11. Balance of cost to be recovered. Subtract line 10 from line 2. If zero, you will not have to complete this worksheet next year. The payments you receive next year will generally be fully taxable...... 11. $ 29,800 this worksheet next year. The payments you receive next year will generally be fully taxable...... 11. $ 29,800 * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996. * A death benefit exclusion (up to $5,000) applied to certain benefits received by employees who died before August 21, 1996.

150 Table 1 for Line 3 If the age at annuity starting date was… Enter on Line 3 55 or under360 56-60310 61-65260 66-70210 71 or older160

151 Table 2 for Line 3 If the combined ages at annuity starting date were Enter on Line 3 110 or under410 111-120360 121-130310 131-140260 141 or older210

152 Line 2a Taxable Amount There are numerous additional rules that apply in certain cases such as: There are numerous additional rules that apply in certain cases such as: Rollovers Rollovers Designated Roth Accounts Designated Roth Accounts Special treatment for distributions of employer securities Special treatment for distributions of employer securities Bottom line : consult with your accountant or tax attorney on Line 2a – not a do it yourself project. Bottom line : consult with your accountant or tax attorney on Line 2a – not a do it yourself project.

153 Line 2b – Taxable Amount not Determined Enter an "X" in this box only if you are unable to reasonably obtain the data needed to compute the taxable amount (c.f not just because you don’t know the applicable law) Enter an "X" in this box only if you are unable to reasonably obtain the data needed to compute the taxable amount (c.f not just because you don’t know the applicable law) If you check this box leave 2a blank. If you check this box leave 2a blank.

154 Box 2b – Total Distribution Enter an “X” only if the amount is a total distribution Enter an “X” only if the amount is a total distribution A total distribution is one or more distributions made within the year in which the entire amount is distributed A total distribution is one or more distributions made within the year in which the entire amount is distributed If periodic or installment payments are made, mark this box in the year final payments are made If periodic or installment payments are made, mark this box in the year final payments are made

155 Box 3 – Capital Gains This only applies to active participation in the plan prior to 1974 This only applies to active participation in the plan prior to 1974 Basically the portion of a lump sum distribution allocable to a participants pre 1974 participation in the plans will be eligible for capital gains treatment Basically the portion of a lump sum distribution allocable to a participants pre 1974 participation in the plans will be eligible for capital gains treatment Not a lot of cases are left where this will apply Not a lot of cases are left where this will apply

156 Box 4 – Federal Income Tax Withheld Withholding of 20% is required on any designated distribution that's an eligible rollover distribution, unless there's a direct trustee-to-trustee transfer. Withholding is required on periodic and lump-sum payments from certain employee plans and certain annuities. However, certain recipients may elect not to have tax withheld. Withholding of 20% is required on any designated distribution that's an eligible rollover distribution, unless there's a direct trustee-to-trustee transfer. Withholding is required on periodic and lump-sum payments from certain employee plans and certain annuities. However, certain recipients may elect not to have tax withheld. Mandatory 20% withholding on eligible rollover distributions. Mandatory 20% withholding on eligible rollover distributions. Unless a distributee elects to have the distribution paid directly to an eligible retirement plan under the trustee-to-trustee rules (114319), a payor must withhold 20% of any designated distribution that's an "eligible rollover distribution” Unless a distributee elects to have the distribution paid directly to an eligible retirement plan under the trustee-to-trustee rules (114319), a payor must withhold 20% of any designated distribution that's an "eligible rollover distribution” An eligible rollover distribution (reported by the payor on Form 1099-R is any distribution to an employee from a qualified trust (not from an IRA, SEP, or SIMPLE plan) other than: An eligible rollover distribution (reported by the payor on Form 1099-R is any distribution to an employee from a qualified trust (not from an IRA, SEP, or SIMPLE plan) other than: a required distribution under Code Sec. 401(a)(9) – essentially the RMD’s starting at age 70 1/2; a required distribution under Code Sec. 401(a)(9) – essentially the RMD’s starting at age 70 1/2; any distribution that is one of a series of substantially equal periodic payments made (a) not less frequently than annually for the life (or life expectancy) of the employee (or joint lives or expectancies of the employee and his designated beneficiary), or (b) for a specified period of ten years or more; or any distribution that is one of a series of substantially equal periodic payments made (a) not less frequently than annually for the life (or life expectancy) of the employee (or joint lives or expectancies of the employee and his designated beneficiary), or (b) for a specified period of ten years or more; or... a hardship distribution from a 401(k) or 403(b) plan.... a hardship distribution from a 401(k) or 403(b) plan. No withholding is required: (1) if the total distribution paid to the distributee under the plan within one tax year is expected to be less than $200; or hurricane victims No withholding is required: (1) if the total distribution paid to the distributee under the plan within one tax year is expected to be less than $200; or hurricane victims

157 Box 4 – Federal Income Tax Withheld Required withholding for designated distributions. Required withholding for designated distributions. Withholding is required for designated distributions but the recipient generally may elect out,, unless the distribution is an eligible rollover distribution Withholding is required for designated distributions but the recipient generally may elect out,, unless the distribution is an eligible rollover distribution Designated distributions are periodic as well as nonperiodic (including lump-sum) payments from pension, profit sharing, stock bonus or other employer deferred compen­sation plans, as well as from IRAs (other than Roth IRAs) and commercial annuities, whether or not the contract was purchased under an employer's plan for employees. Designated distributions are periodic as well as nonperiodic (including lump-sum) payments from pension, profit sharing, stock bonus or other employer deferred compen­sation plans, as well as from IRAs (other than Roth IRAs) and commercial annuities, whether or not the contract was purchased under an employer's plan for employees. Annuity payments and other distributions under most state or local government deferred compensation plans, including the Civil Service Retirement System are subject to income tax withholding as well. Annuity payments and other distributions under most state or local government deferred compensation plans, including the Civil Service Retirement System are subject to income tax withholding as well. The payor of a designated distribution must withhold and is liable for the payment of the tax (unless the payee elects out). The payor of a designated distribution must withhold and is liable for the payment of the tax (unless the payee elects out). But in the case of a qualified pension, profit sharing, stock bonus, annuity, or 457 governmental plan, the plan administrator has the responsibility, But in the case of a qualified pension, profit sharing, stock bonus, annuity, or 457 governmental plan, the plan administrator has the responsibility, Unless he directs the payor to withhold and provides the payor with the information set out in the regs. In that case, the responsibility reverts to the payor. Unless he directs the payor to withhold and provides the payor with the information set out in the regs. In that case, the responsibility reverts to the payor.

158 Box 4 – Federal Income Tax Withheld Withholding from periodic payments. Withholding from periodic payments. Tax must be withheld in accordance with a recipient's withholding certificate or, if none, by treating the payee as a married individual claiming three withholding exemptions even if the payor is aware the payee is single. The amount to be withheld is calculated separately from any amounts that actually are wages to the payee for the same period. Tax must be withheld in accordance with a recipient's withholding certificate or, if none, by treating the payee as a married individual claiming three withholding exemptions even if the payor is aware the payee is single. The amount to be withheld is calculated separately from any amounts that actually are wages to the payee for the same period. To prevent under withholding due to reduced withholding in connection with the Making Work Pay Credit in 2009 and 2010, IRS has provided optional procedures for pension payors allowing for increased withholding. To prevent under withholding due to reduced withholding in connection with the Making Work Pay Credit in 2009 and 2010, IRS has provided optional procedures for pension payors allowing for increased withholding. Election out of withholding on periodic payments—Form W-4P. Election out of withholding on periodic payments—Form W-4P. A recipient of periodic payments (except for certain U.S. citizens and expatriates living abroad,) may elect not to have any tax withheld. The election remains in effect until revoked. Elect (or revoke) on Form W-4P. A recipient of periodic payments (except for certain U.S. citizens and expatriates living abroad,) may elect not to have any tax withheld. The election remains in effect until revoked. Elect (or revoke) on Form W-4P. If the recipient doesn't furnish his taxpayer identification number (TIN) to the payor or if IRS has notified the payor that the TIN furnished is incorrect, an election out of withholding isn't effective. If the recipient doesn't furnish his taxpayer identification number (TIN) to the payor or if IRS has notified the payor that the TIN furnished is incorrect, an election out of withholding isn't effective. For periodic payments that are "eligible rollover distributions," see above For periodic payments that are "eligible rollover distributions," see above

159 Box 4 – Federal Income Tax Withheld Withholding from nonperiodic distributions. Withholding from nonperiodic distributions. The payor of any nonperiodic distribution that is not an eligible rollover distribution subject to 20% mandatory withholding must withhold an amount equal to 10% of that distribution unless the recipient elects out of withholding. The payor of any nonperiodic distribution that is not an eligible rollover distribution subject to 20% mandatory withholding must withhold an amount equal to 10% of that distribution unless the recipient elects out of withholding. Electing out of withholding on nonperiodic distributions—Form W-4P. Electing out of withholding on nonperiodic distributions—Form W-4P. A payee (except for recipients of eligible rollover distributions, and certain U.S. citizens and expatriates living abroad) may elect exemption from withholding for any nonperiodic distribution. The election is made on Form W-4P on a distribution-by-distribution basis. A payee (except for recipients of eligible rollover distributions, and certain U.S. citizens and expatriates living abroad) may elect exemption from withholding for any nonperiodic distribution. The election is made on Form W-4P on a distribution-by-distribution basis. If the recipient doesn't furnish his taxpayer identification number (TIN) to the payor or if IRS has notified the payor that the TIN furnished is incorrect, an election out of withholding isn't effective. If the recipient doesn't furnish his taxpayer identification number (TIN) to the payor or if IRS has notified the payor that the TIN furnished is incorrect, an election out of withholding isn't effective. Payor must notify payee of right to elect to have no tax withheld. Payor must notify payee of right to elect to have no tax withheld. For periodic payments, the notice to make, renew, or revoke the election out of withholding is required no earlier than six months before and no later than the date of the first payment. For periodic payments, the notice to make, renew, or revoke the election out of withholding is required no earlier than six months before and no later than the date of the first payment. For nonperiodic payments the notice should be given not earlier than six months before the distribution and not later than the time that will give the payee reasonable time to elect out. For nonperiodic payments the notice should be given not earlier than six months before the distribution and not later than the time that will give the payee reasonable time to elect out. The notice must state that withholding will apply unless the payee elects otherwise, and if he elects no withholding, estimated tax may apply. The notice must state that withholding will apply unless the payee elects otherwise, and if he elects no withholding, estimated tax may apply.

160 Box 5. Employee contributions/designated Roth contributions or insurance premiums Enter the employee's contributions to a profit-sharing or retirement plan, designated Roth contributions, or insurance premiums that the employee may recover tax free this year (even if they exceed the box 1 amount). Enter the employee's contributions to a profit-sharing or retirement plan, designated Roth contributions, or insurance premiums that the employee may recover tax free this year (even if they exceed the box 1 amount). This amount reflects the portion of the distribution that is tax-free because it is part of the taxpayer's or spouse's contributions to the account, including profit-sharing and retirement plans, Roth IRA accounts, and certain insurance premiums. This amount reflects the portion of the distribution that is tax-free because it is part of the taxpayer's or spouse's contributions to the account, including profit-sharing and retirement plans, Roth IRA accounts, and certain insurance premiums. The entry in box 5 may include any of the following: The entry in box 5 may include any of the following: (a) designated Roth contributions or contributions actually made on behalf of the employee over the years under the retirement or profit-sharing plan that were required to be included in the income of the employee when contributed (after-tax contributions), (a) designated Roth contributions or contributions actually made on behalf of the employee over the years under the retirement or profit-sharing plan that were required to be included in the income of the employee when contributed (after-tax contributions), (b) contributions made by the employer but considered to have been contributed by the employee under section 72(f), (b) contributions made by the employer but considered to have been contributed by the employee under section 72(f), (c) the accumulated cost of premiums paid for life insurance protection taxable to the employee in previous years and in the current year under Regulations section 1.72-16 (cost of current life insurance protection) (only if the life insurance contract itself is distributed), and (c) the accumulated cost of premiums paid for life insurance protection taxable to the employee in previous years and in the current year under Regulations section 1.72-16 (cost of current life insurance protection) (only if the life insurance contract itself is distributed), and (d) premiums paid on commercial annuities. Do not include contributions to any section 401(k) plan, or any other contribution to a retirement plan that was not an after-tax contribution. (d) premiums paid on commercial annuities. Do not include contributions to any section 401(k) plan, or any other contribution to a retirement plan that was not an after-tax contribution. Generally, for qualified plans, section 403(b) plans, and nonqualified commercial annuities, enter in box 5 the employee contributions or insurance premiums recovered tax free during the year based on the method you used to determine the taxable amount to be entered in box 2a. On a separate Form 1099-R, include the portion of the employee's basis that has been distributed from a designated Roth account Generally, for qualified plans, section 403(b) plans, and nonqualified commercial annuities, enter in box 5 the employee contributions or insurance premiums recovered tax free during the year based on the method you used to determine the taxable amount to be entered in box 2a. On a separate Form 1099-R, include the portion of the employee's basis that has been distributed from a designated Roth account

161 Box 6 – Unrealized Appreciation in Employer Securities Use this box if a distribution from a qualified plan (except a qualified distribution from a designated Roth account) includes securities of the employer corporation (or a subsidiary or parent corporation) and you can compute the NUA in the employer's securities. Use this box if a distribution from a qualified plan (except a qualified distribution from a designated Roth account) includes securities of the employer corporation (or a subsidiary or parent corporation) and you can compute the NUA in the employer's securities. Enter all the NUA in employer securities if this is a lump-sum distribution. If this is not a lump-sum distribution, enter only the NUA in employer securities attributable to employee contributions. Enter all the NUA in employer securities if this is a lump-sum distribution. If this is not a lump-sum distribution, enter only the NUA in employer securities attributable to employee contributions. See Regulations section 1.402(a)-1(b) for the determination of the NUA. Also see Notice 89-25, Q/ A-1, 1989-1 C.B. 662. See Regulations section 1.402(a)-1(b) for the determination of the NUA. Also see Notice 89-25, Q/ A-1, 1989-1 C.B. 662. Include the NUA in box 1 but not in box 2a except in the case of a direct rollover to a Roth IRA Include the NUA in box 1 but not in box 2a except in the case of a direct rollover to a Roth IRA You do not have to complete this box for a direct rollover. You do not have to complete this box for a direct rollover.

162 Box 7 Distribution Codes Enter an "X" in the IRA/SEP/SIMPLE checkbox if the distribution is from a traditional IRA, SEP IRA, or SIMPLE IRA. Do not check the box for a distribution from a Roth IRA or for an IRA recharacterization. Enter an "X" in the IRA/SEP/SIMPLE checkbox if the distribution is from a traditional IRA, SEP IRA, or SIMPLE IRA. Do not check the box for a distribution from a Roth IRA or for an IRA recharacterization. Enter the appropriate code(s) in box 7. Use the Guide to Distribution Codes on pages 13 through 15 of IRS Instructions for Forms 1099-R and 5498 to determine the appropriate code(s) to enter in box 7 for any amounts reported on Form 1099-R. Read the codes carefully and enter them accurately because the IRS uses the codes to help determine whether the recipient has properly reported the distribution. If the codes you enter are incorrect, the IRS may improperly propose changes to the recipient's taxes. Enter the appropriate code(s) in box 7. Use the Guide to Distribution Codes on pages 13 through 15 of IRS Instructions for Forms 1099-R and 5498 to determine the appropriate code(s) to enter in box 7 for any amounts reported on Form 1099-R. Read the codes carefully and enter them accurately because the IRS uses the codes to help determine whether the recipient has properly reported the distribution. If the codes you enter are incorrect, the IRS may improperly propose changes to the recipient's taxes.

163 Box 8 - Other Enter the current actuarial value of an annuity contract that is part of a lump-sum distribution. Do not include this item in boxes 1 and 2a. Enter the current actuarial value of an annuity contract that is part of a lump-sum distribution. Do not include this item in boxes 1 and 2a. To determine the value of an annuity contract, show the value as an amount equal to the current actuarial value of the annuity contract, reduced by an amount equal to the excess of the employee's contributions over the cash and other property (not including the annuity contract) distributed. To determine the value of an annuity contract, show the value as an amount equal to the current actuarial value of the annuity contract, reduced by an amount equal to the excess of the employee's contributions over the cash and other property (not including the annuity contract) distributed. If an annuity contract is part of a multiple recipient lump-sum distribution, enter in box 8, along with the current actuarial value, the percentage of the total annuity contract each Form 1099-R represents. If an annuity contract is part of a multiple recipient lump-sum distribution, enter in box 8, along with the current actuarial value, the percentage of the total annuity contract each Form 1099-R represents. Also, enter in box 8 the amount of the reduction in the investment (but not below 0 (zero)) against the cash value of an annuity contract or the cash surrender value of a life insurance contract due to charges or payments for qualified long-term care insurance contracts. Also, enter in box 8 the amount of the reduction in the investment (but not below 0 (zero)) against the cash value of an annuity contract or the cash surrender value of a life insurance contract due to charges or payments for qualified long-term care insurance contracts.

164 Box 9a. Your percentage of total distribution Use if this is a total distribution of account assets made to more than 1 recipient Use if this is a total distribution of account assets made to more than 1 recipient Enter the percentage received by the person whose name appears on Form 1099-R. Enter the percentage received by the person whose name appears on Form 1099-R. You need not complete this box for any IRA distributions or for a direct rollover. You need not complete this box for any IRA distributions or for a direct rollover.

165 Box 9b Total Employee Contributions This is the total amount of employee contributions or designated Roth IRA contributions made to the account for this Form 1099-R, not including amounts already received tax-free in prior years. This box is for informational purposes for the Recipient only. This is the total amount of employee contributions or designated Roth IRA contributions made to the account for this Form 1099-R, not including amounts already received tax-free in prior years. This box is for informational purposes for the Recipient only. It is not required that this be filled out It is not required that this be filled out For a total distribution of the recipient’s account report the total employee contributions or designated Roth contributions in Box 5 instead of Box 9b For a total distribution of the recipient’s account report the total employee contributions or designated Roth contributions in Box 5 instead of Box 9b

166 Box 10 – Amount Allocable to IRR within Past 5 Years IRR = In Plan Roth Rollover IRR = In Plan Roth Rollover An in-plan Roth rollover is a distribution from a recipient’s eligible qualified plan account, other than an account that holds designated Roth contributions, that the recipient rolls over to his designated Roth account in the same plan. An in-plan Roth rollover is a distribution from a recipient’s eligible qualified plan account, other than an account that holds designated Roth contributions, that the recipient rolls over to his designated Roth account in the same plan. A designated Roth account is a separate account in a 401(k), 403(b) or, after 2010, a governmental 457(b) plan that holds designated Roth contributions. A designated Roth account is a separate account in a 401(k), 403(b) or, after 2010, a governmental 457(b) plan that holds designated Roth contributions. The rationale for this is that distributions from a Roth become tax free The rationale for this is that distributions from a Roth become tax free The “price” of the rollover is that the amount rolled over is subject to immediate tax The “price” of the rollover is that the amount rolled over is subject to immediate tax

167 Box 11 – Designated Roth Account This is the first year of the five year period referred to in Box 11. This is the first year of the five year period referred to in Box 11. It is the first year the designated Roth account was first established by the recipient. It is the first year the designated Roth account was first established by the recipient.

168 THANK YOU! Robert J. Kiggins Counselor-At-Law McCarthy Fingar LLP 11 Martine Avenue White Plains, NY 10606 Tel (914) 946-3700 Ext. 324 E-mail: rkiggins@mfdds.com


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