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1099 MISC
Purpose of Form 1099 MISC
Typical Recipients
Overview – Line by Line Detail
Filing Requirements
Purpose of Form 1099 MISC
A record of income received from a business for services rendered
Cost-cutting alternative for companies needing specific tasks completed
Non-employee compensation means no company paid taxes
No need to provide benefits or offer employee incentives
No risk of investment loss to the company
Typically the relationship can be ended once the task is completed
Form 1099 MISC Recipients
Independent Contractor or “freelancer”
Actors, novelists, freelance writers and other creative artists
Also used to report income from the following :
At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest
Gross proceeds of $600 or more paid to an attorney
Fishing boat proceeds
$600 or more in Rents, services, prizes and awards
Form 1099 MISC Recipients
$600 or more in medical and health care payments, crop insurance proceeds, cash payments for fish
$600 or more in cash paid from a national principal contract to an individual, partnership, or estate
$600 or more in other income payments
direct sales of at least $5,000 of consumer products to a buyer for resale anywhere other than a permanent retail establishment.
Overview – Line By Line Detail
Payroll departments usually handle the “other income” payments and nonemployee compensation
Overview – Line By Line Detail
Payer’s Information
Identification Numbers
Recipient’s Information
Account Information
2 nd TIN Not
Overview – Line By Line Detail
Box 1 – Rents
Box 2 – Royalties
Box 3 – Other Income
Prizes and awards
FMV of merchandise from game shows or sweepstakes
Punitive Damages
Compensatory damages for non-physical injuries or sickness
Damages received for emotional distress
Physical symptoms from emotional distress reportable
Damages received due to emotional distress from physical injuries or sickness NOT reportable
Overview – Line By Line Detail
Payments of a deceased employee’s wages
Estate or Beneficiary
Payments of Indian gaming profits or to Tribal Members
Termination payments to self-employed insurance salespeople
Box 4 – Federal Income Tax Withheld
Backup Withholding
Box 5 – Fishing Boat Proceeds
Overview – Line By Line Detail
Box 6 – Medical and Health Care Payments
$600 or more to physicians and medical/health care service providers
Includes payments made by medical and health care insurers under health, accident and sickness insurance programs
No requirement to report payments to pharmacies for prescription drugs
*Corporation exemption applies when payments made to a health care provider are done through a credit or debit card in an FSA, HRA or HSA.
Overview – Line By Line Detail
Box 7 – Nonemployee Compensation
$600 or more
Fees, commissions, prizes and awards for services performed
Expenses incurred for the use of an entertainment facility
Federal executive agencies
Conditional Guidelines
Non employee payment
Services in the course of the payer’s trade or business
Individual or partnership
$600 or more
Overview – Line By Line Detail
Box 7 common examples
Professional Service Fees
Referral Fees
Fees and travel reimbursement not accounted to the payer if the fee and reimbursement total is at least $600 or more
Non-employee entertainers for services
Taxable Fringe Benefits to nonemployees
Directors fees
Nonqualified deferred compensation (409A)
Overview – Line By Line Detail
Box 8 – Substitute Payments in Lieu of Dividends or Interest
Definition of “Substitute Payment” means a payment in lieu of:
Tax-exempt interest that has accrued while a short sale was open and
A dividend if the ex-dividend date is after the transfer of stock for use in a short sale and before the closing of the short sale
Overview – Line By Line Detail
Box 9 – Payer Made Direct Sales of $5,000 or More of
Consumer Products to a Buyer (Recipient) for Resale
Enter X if applicable
Do not enter a dollar amount
Box 10 – Crop Insurance Proceeds
Boxes 11 and 12 – Foreign Tax Paid and Foreign Country or US Possession (For 2013)
Box 13 – Excess Golden Parachute Payments
Box 14 – Gross Proceeds Paid to an Attorney
Overview – Line By Line Detail
Box 15a – Section 409A Deferrals
Box 15b – Section 409A Income
Amounts considered subject to a substantial risk of forfeiture are not included
Also reported in Box 7
Box 16 – State Income Tax Withheld
Box 17 – State/Payer’s State Number
Box 18 State Income
Filing Requirements
TIN (Tax Identification Number)
What is a TIN
When is a TIN required
Missing or Incorrect TIN
Not provided
Less than 9 digits
Mixture of digits and numbers
Filing Requirements
IRS 1099 TIN Matching Process
TIN’s are matched against two files:
All SSN’s issued by the SSA
All IRS assigned employer identification numbers (EINs)
CP2100/2100A Notice
“B” Notice
Incorrectly Reported TIN by the payee
Correct the data in the system, do not send B Notice
Filing Requirements
Provided TIN and Name Control do not match
Send B Notice to payee
Procedure when a TIN is not Provided
Backup Withholding @ 28%
W-9
Report withholding on Form 945- Annual Return of Federal
Income Tax Withheld
Filing Requirements
When to File 1099 MISC
Reporting Period
February 28 th of the following Tax Year
Form 1096
Must be properly addressed and mailed by the due date to be considered timely
Holidays and Weekend due dates
Filing Requirements
Electronic Reporting
Automatic Extension of 1 month
Must be reported via Filing Information Returns
Electronically (FIRE) system
250 or more forms
Recordkeeping Requirement
3 years from the due date of the returns
4 years from the due date of the returns if backup withholding was imposed
Filing Requirements
* * E L E C T R O N I C F I L I N G I S N O T A C C E P T E D O N
M A G N E T I C M E D I A F O R 1 0 9 9 M I S C R E T U R N S * *
https://fire.irs.gov
Test files can be submitted in advance to http://fire.test.irs.gov
References http://www.irs.gov/pub/irs-pdf/i1099msc.pdf
- Instructions for Filing Forms
1099 MISC http://www.irs.gov/pub/irs-pdf/f1099msc.pdf
- Form 1099 MISC http://www.irs.gov/pub/irs-pdf/p1220_11.pdf - Publication 1220 , Specifications for Filing Forms 1099 electronically
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