Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … 099general/2024/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 31 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2024 General Instructions for Certain Information Returns (Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G) Section references are to the Internal Revenue Code aggregating all information returns), effective for unless otherwise noted. information returns required to be filed on or after January 1, 2024. Go to IRS.gov/InfoReturn for e-file options. Contents Page What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Future Developments Future Developments . . . . . . . . . . . . . . . . . . . . . . . . 1 For the latest information about developments related to Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 the General Instructions for Certain Information Returns Items You Should Note . . . . . . . . . . . . . . . . . . . . . . . 2 after they were published, go to General Instructions for Guide to Information Returns . . . . . . . . . . . . . . . . . . . 2 Certain Information Returns at IRS.gov/ A. Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1099GeneralInstructions. B. Other Information Returns . . . . . . . . . . . . . . . . . . . 6 Reminders C. When To File . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Information Reporting Intake System (IRIS). The IRS D. Where To File . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 has developed IRIS, an online portal that allows taxpayers E. Filing Returns With the IRS . . . . . . . . . . . . . . . . . . 7 to electronically file (e-file) information returns after F. Electronic Reporting . . . . . . . . . . . . . . . . . . . . . . . 8 December 31, 2022, for 2022 and later tax years. IRIS is a G. Paper Document Reporting . . . . . . . . . . . . . . . . . . 9 free service. See part F or go to IRS.gov/IRIS for H. Corrected Returns on Paper Forms . . . . . . . . . . . 10 additional information and updates. I. Void Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Where to send extension of time to furnish state- J. Recipient Names and Taxpayer Identification ments to recipients. An extension of time to furnish the Numbers (TINs) . . . . . . . . . . . . . . . . . . . . . . . . 13 statements is now a fax-only submission. See Extension K. Filer's Name, Taxpayer Identification Number of time to furnish statements to recipients, later, for more (TIN), and Address . . . . . . . . . . . . . . . . . . . . . . 14 information. L. Account Number Box on Forms . . . . . . . . . . . . . . 14 Due date for certain statements sent to recipients. M. Statements to Recipients (Beneficiaries, The due date for furnishing statements to recipients for Borrowers, Debtors, Donors, Employees, Forms 1099-B, 1099-S, and 1099-MISC (if amounts are Insureds, Participants, Payment or Credit reported in boxes 8 or 10) is February 17, 2025. This also Recipients, Payers, Policyholders, Sellers, applies to statements furnished as part of a consolidated Shareholders, Students, Transferors, or reporting statement. See the Guide to Information Returns Winners on Certain Forms) . . . . . . . . . . . . . . . . 15 for due dates for all returns. N. Backup Withholding . . . . . . . . . . . . . . . . . . . . . . 18 E-file. E-filers are reminded that using the FIRE System O. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 requires following the specifications contained in Pub. P. Payments to Corporations and Partnerships . . . . . 21 1220. IRIS users should follow the specifications in Pub. Q. Earnings on Any IRA, Coverdell ESA, ABLE 5717, IRIS Taxpayer Portal User Guide. Also, the IRS Account, Archer MSA, or HSA . . . . . . . . . . . . . . 21 does not provide a fill-in form option for most forms R. Certain Grantor Trusts . . . . . . . . . . . . . . . . . . . . . 21 required to be filed with the IRS covered by these S. Special Rules for Reporting Payments Made instructions; however, see Online fillable forms in part E, Through Foreign Intermediaries and Foreign later. See part F for information on e-file. Flow-Through Entities on Form 1099 . . . . . . . . . 21 Online fillable forms Copies 1, B, 2, C, and D. Copies T. How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 23 1, B, 2, C, and D, as applicable, to be furnished to Privacy Act and Paperwork Reduction Act Notice . . . 24 recipients and kept in filers’ records, have been made Guide to Information Returns . . . . . . . . . . . . . . . . . 26 fillable online at IRS.gov for many forms referenced in these instructions. See the separate instructions for Forms Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1098, 1098-E&T, 1098-F, 1098-Q, 1099-A&C, 1099-B, What’s New 1099-DIV, 1099-G, 1099-INT&OID, 1099-K, 1099-LS, 1099-MISC&NEC, 1099-PATR, 1099-R&5498, 1099-S, E-filing returns. The Taxpayer First Act of 2019 1099-SB, and 3921. authorized the Department of the Treasury and the IRS to issue regulations that reduce the 250-return e-file Payee. Throughout these instructions, the term “payee” threshold. T.D. 9972, published February 23, 2023, means the person with respect to whom Forms 1097, lowered the e-file threshold to 10 (calculated by 1098, 1099, 3921, 3922, 5498, or W-2G are required to be Jan 26, 2024 Cat. No. 27976F |
Page 2 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. filed, including beneficiaries, borrowers, debtors, donors, Use Form 1096 To Send Paper Forms to the IRS employees, insureds, participants, payment or credit You must send Copies A of all paper Forms 1097, 1098, recipients, policyholders, sellers, shareholders, students, 1099, 3921, 3922, 5498, and W-2G to the IRS with Form transferors, and winners. 1096, Annual Summary and Transmittal of U.S. Information Returns. Instructions for completing Form Items You Should Note 1096 are contained on Form 1096. Also see part E. Photographs of Missing Children Reporting Backup Withholding on Forms 1099 The Internal Revenue Service is a proud partner with the and W-2G National Center for Missing & Exploited Children® If you backup withhold on a payment, you must file the (NCMEC). Photographs of missing children selected by appropriate Form 1099 or Form W-2G with the IRS and the Center may appear in instructions on pages that would furnish a statement to the recipient to report the amount of otherwise be blank. You can help bring these children the payment and the amount withheld. This applies even home by looking at the photographs and calling though the amount of the payment may be below the 1-800-THE-LOST (1-800-843-5678) if you recognize a normal threshold for filing Form 1099 or Form W-2G. For child. how to report backup withholding, see part N. Available Instructions Substitute Statements to Recipients In addition to these general instructions, which contain If you are using a substitute form to furnish information general information concerning Forms 1096, 1097, 1098, statements to recipients (generally Copy B), be sure your 1099, 3921, 3922, 5498, and W-2G, we provide specific substitute statements comply with the rules in Pub. 1179. form instructions separately. Get the instructions you need Pub. 1179, which is revised annually, explains the for completing a specific form from the following list of requirements for format and content of substitute separate instructions. statements to recipients. See part M for additional • Instructions for Form 1097-BTC. information. • Instructions for Form 1098. • Instructions for Form 1098-C. Taxpayer Identification Number (TIN) Matching • Instructions for Forms 1098-E and 1098-T. TIN Matching allows a payer or authorized agent who is • Instructions for Form 1098-F. required to file Forms 1099-B, DIV, G, INT, K, MISC, NEC, • Instructions for Form 1098-Q. OID, and/or PATR, which report income subject to backup • Instructions for Forms 1099-A and 1099-C. withholding, to match TIN and name combinations with • Instructions for Form 1099-B. IRS records before submitting the forms to the IRS. TIN • Instructions for Form 1099-CAP. Matching is one of the e-services products that is offered • Instructions for Form 1099-DIV. and is accessible through the IRS website. For program • Instructions for Form 1099-G. guidelines, see Pub. 2108-A, or go to IRS.gov and enter • Instructions for Form 1099-H. keyword “TIN Matching” in the upper right corner. It is • Instructions for Forms 1099-INT and 1099-OID. anticipated that payers who validate the TIN and name • Instructions for Form 1099-K. combinations before filing information returns will receive • Instructions for Form 1099-LS. fewer backup withholding (CP2100) notices and penalty • Instructions for Form 1099-LTC. notices. E-services technical support is available by • Instructions for Forms 1099-MISC and 1099-NEC. calling 866-255-0654. • Instructions for Form 1099-PATR. • Instructions for Form 1099-Q. A. Who Must File • Instructions for Forms 1099-QA and 5498-QA. • Instructions for Forms 1099-R and 5498. See the separate specific instructions for each form. • Instructions for Form 1099-S. Nominee/middleman returns. Generally, if you receive • Instructions for Forms 1099-SA and 5498-SA. a Form 1099 for amounts that actually belong to another • Instructions for Form 1099-SB. person, you are considered a nominee recipient. You must • Instructions for Forms 3921 and 3922. file a Form 1099 with the IRS (the same type of Form 1099 • Instructions for Form 5498-ESA. you received) for each of the other owners showing the • Instructions for Forms W-2G and 5754. amounts allocable to each. You must also furnish a Form 1099 to each of the other owners. File the new Form 1099 You can also obtain the latest developments for each of with Form 1096 with the IRS Submission Processing the forms and instructions listed here by visiting their Center for your area. On each new Form 1099, list yourself information pages at IRS.gov. See the separate as the “payer” and the other owner as the “recipient.” On instructions for each form on the webpage via the link. Form 1096, list yourself as the “Filer.” A spouse is not See How To Get Forms, Publications, and Other required to file a nominee return to show amounts owned Assistance, later. by the other spouse. The nominee, not the original payer, is responsible for filing the subsequent Forms 1099 to Guide to Information Returns show the amount allocable to each owner. See the chart, later, for a brief summary of information Successor/predecessor reporting. A successor return reporting rules. business entity (a corporation, partnership, or sole 2 Gen. Instr. for Certain Info. Returns (2024) |
Page 3 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. proprietorship) and a predecessor business entity (a transactional reporting, the successor must report each of corporation, partnership, or sole proprietorship) may the predecessor's transactions and each of its own agree that the successor will assume all or some of the transactions on the appropriate form. The successor may predecessor's information reporting responsibilities. This include with the form sent to the recipient additional would permit the successor to file one Form 1097, 1098, information explaining the combined reporting. 1099, 3921, 3922, 5498, or W-2G for each recipient For purposes of the combined reporting procedure, the combining the predecessor's and successor's reportable sharing of TINs and other information obtained under amounts, including any withholding. If they so agree and section 3406 for information reporting and backup the successor satisfies the predecessor's obligations and withholding purposes does not violate the confidentiality the conditions described on this page, the predecessor rules in section 3406(f). does not have to file the specified information returns for Statement required. The successor must file a the acquisition year. If the successor and predecessor do statement with the IRS indicating the forms that are being not agree, or if the requirements described are not met, filed on a combined basis under Rev. Proc. 99-50. The the predecessor and the successor each must file Forms statement must: 1097, 1098, 1099, 3921, 3922, 5498, and W-2G for their own reportable amounts as they usually would. For more 1. Include the predecessor's and successor's names, information and the rules that apply to filing combined addresses, telephone numbers, employer identification Forms 1042-S, see Rev. Proc. 99-50, which is available on numbers (EINs), and the name and telephone number of page 757 of Internal Revenue Bulletin 1999-52 at the person responsible for preparing the statement; IRS.gov/pub/irs-irbs/irb99-52.pdf. 2. Reflect separately the amount of federal income tax The combined reporting procedure is available when all withheld by the predecessor and by the successor for the following conditions are met. each type of form being filed on a combined basis (for example, Form 1099-R or 1099-MISC); and 1. The successor acquires from the predecessor substantially all the property (a) used in the trade or 3. Be sent separately from Forms 1097, 1098, 1099, business of the predecessor, including when one or more 3921, 3922, 5498, and W-2G by the forms' due dates to: corporations are absorbed by another corporation under a Internal Revenue Service merger agreement under which the surviving corporation Information Returns Branch becomes the owner of all the assets and assumes all the 230 Murall Drive, Mail Stop 4360 liabilities of the absorbed corporation(s); or (b) used in a Kearneysville, WV 25430 separate unit of a trade or business of the predecessor. 2. The predecessor is required to report amounts, Do not send Form 1042-S statements to this address. including any withholding, on information returns for the Instead, use the address given in the Instructions for Form year of acquisition for the period before the acquisition. 1042-S; see Rev. Proc. 99-50. 3. The predecessor is not required to report amounts, including withholding, on information returns for the year Qualified settlement funds. A qualified settlement fund of acquisition for the period after the acquisition. must file information returns for distributions to claimants if any transferor to the fund would have been required to file Combined reporting agreement. The predecessor if the transferor had made the distributions directly to the and the successor must agree on the specific forms to claimants. which the combined reporting procedure applies and that For distributions to transferors, a fund is considered in a the successor assumes the predecessor's entire trade or business for information reporting purposes and information reporting obligations for these forms. The may be required to file Form 1099-MISC or other predecessor and successor may agree to: information returns. For payments made by the fund on 1. Use the combined reporting procedure for all Forms behalf of a claimant or transferor, the fund is subject to 1097, 1098, 1099, 3921, 3922, 5498, and W-2G; or these same rules and may have to file information returns 2. Limit the use of the combined reporting procedure for payment to third parties. For information reporting to (a) specific forms, or (b) specific reporting entities, purposes, a payment made by the fund on behalf of a including any unit, branch, or location within a particular claimant or transferor is considered a distribution to the business entity that files its own separate information claimant or transferor and is also subject to information returns. For example, if the predecessor's and successor's reporting requirements. only compatible computer or recordkeeping systems are The same filing requirements, exceptions, and their dividends paid ledgers, they may agree to use the thresholds may apply to qualified settlement funds as combined reporting procedure for Forms 1099-DIV only. apply to any other payer. That is, the fund must determine Similarly, if the only compatible systems are in their the character of the payment (for example, interest, fixed Midwest branches, they may agree to use the combined or determinable income, or gross proceeds from broker reporting procedure for only the Midwest branches. transactions) and to whom the payment is made (for Combined reporting procedure. On each Form example, corporation or individual). 1097, 1098, 1099, 3921, 3922, 5498, and W-2G filed by For more information, see Regulations section the successor, the successor must combine the 1.468B-2(l). Also, see Treasury Decision (T.D.) 9249, predecessor's (before the acquisition) and successor's 2006-10 I.R.B. 546, available at IRS.gov/irb/ reportable amounts, including any withholding, for the 2006-10_IRB#TD-9249. T.D. 9249 relates to escrow and acquisition year and report the aggregate. For similar funds. Gen. Instr. for Certain Info. Returns (2024) 3 |
Page 4 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Payments to foreign persons. See the Instructions for If the account is either a U.S. account held by a Form 1042-S, relating to U.S. source income of foreign ! passive nonfinancial foreign entity (NFFE) that is a persons, for reporting requirements relating to payments CAUTION U.S.-owned foreign entity or an account held by to foreign persons. an owner-documented FFI, do not file a Form 1099 with respect to such an account. Instead, you must file Form Widely held fixed investment trusts (WHFITs). 8966, in accordance with its requirements and its Trustees and middlemen of WHFITs are required to report accompanying instructions, to report the account for all items of gross income and proceeds on the appropriate chapter 4 purposes. Form 1099. For the definition of a WHFIT, see Regulations section 1.671-5(b)(22). A tax information statement that Election described in Regulations section includes the information provided to the IRS on Forms 1.1471-4(d)(5)(i)(A). You are eligible to make this 1099, as well as additional information identified in election to report an account on Form(s) 1099 if: Regulations section 1.671-5(e), must be furnished to trust • You are a participating FFI (including a Reporting Model interest holders (TIHs). 2 FFI) (PFFI) or are a registered deemed-compliant FFI Items of gross income (including original issue discount (RDC FFI) (other than a Reporting Model 1 FFI) required (OID)) attributable to the TIH for the calendar year, to report a U.S. account as a condition of your applicable including all amounts of income attributable to selling, RDC FFI status (see Regulations section 1.1471-5(f)(1) purchasing, or redeeming of a trust holder's interest in the (i)); WHFIT, must be reported. Items of income that are • You are required to report the account as a U.S. required to be reported, including non-pro rata partial account for chapter 4 purposes; and principal payments, trust sales proceeds, redemption • The account is a U.S. account held by a specified U.S. asset proceeds, and sales of a trust interest on a person. secondary market, must be reported on Form 1099-B. Election described in Regulations section See Regulations section 1.671-5(d). 1.1471-4(d)(5)(i)(B). You are eligible to make this Safe harbor rules for determining the amount of an item election to report an account on Form(s) 1099 if: to be reported on Form 1099 and a tax information • You are a PFFI or are an RDC FFI (other than a statement with respect to a TIH in a non-mortgage WHFIT Reporting Model 1 FFI) required to report a U.S. account (NMWHFIT) and a widely held mortgage trust (WHMT) as a condition of your applicable RDC FFI status (see are found in Regulations sections 1.671-5(f) and (g), Regulations section 1.1471-5(f)(1)(i)); respectively. • You are required to report the account as a U.S. Trustees and middlemen must follow all the rules for account for chapter 4 purposes; and filing Forms 1099 with the IRS and furnishing a statement • The account is a U.S. account held by a specified U.S. to the TIH (except as noted below) as described in parts A person that is a cash value insurance contract or annuity through S of these instructions. Trustees and middlemen contract that you elect to report in a manner similar to should also follow the separate instructions for Forms section 6047(d). 1099-B, 1099-DIV, 1099-INT, 1099-MISC, and 1099-OID, You may make an election described in Regulations as applicable, which may address additional income section 1.1471-4(d)(5)(i)(A) or (B) either with respect to all reporting requirements. such U.S. accounts or with respect to any clearly identified Due date and other requirements for furnishing group of such accounts (for example, by line of business statement to TIH. The written tax information for 2024 or by location where the account is maintained). furnished to the TIH is due on or before March 17, 2025. Special reporting by U.S. payer described in Regula- For other items of expense and credit that must be tions section 1.1471-4(d)(2)(iii)(A). If you are a U.S. reported to the TIH, see Regulations section 1.671-5(c). payer that is a PFFI other than a U.S. branch, you may There is no reporting requirement if the TIH is an also satisfy your requirement to report with respect to a exempt recipient unless the trustee or middleman backup U.S. account for chapter 4 purposes by reporting on each withholds under section 3406. If the trustee or middleman appropriate Form 1099 in the manner described in backup withholds, then follow the rules in part N. An Regulations section 1.1471-4(d)(2)(iii)(A). exempt recipient for this purpose is defined in Regulations section 1.671-5(b)(7). Reporting procedure. If you are an FFI that is eligible to make an election described in Regulations section Reporting to foreign persons. Items of a WHFIT 1.1471-4(d)(5)(i)(A) or (B) or are a U.S. payer reporting as attributable to a TIH who is not a U.S. person must be described in Regulations section 1.1471-4(d)(2)(iii)(A), reported and amounts withheld following the provisions of you must do so by filing each appropriate Form 1099 with sections 1441 through 1464. See Form 1042-S and its the IRS and reporting the payments required to be separate instructions for more information. reported by a U.S. payer (as defined in Regulations Foreign Account Tax Compliance Act (FATCA) section 1.6049-5(c)(5)) with respect to the account. However, see Payments required to be reported, later. Filing Requirements of Certain Foreign Financial Also see the separate specific instructions for each form Institutions (FFIs) to determine which form to file. If you are required to report an account that is a U.S. account under chapter 4 of the Internal Revenue Code, you may be eligible to elect to report the account on Form(s) 1099 instead of on Form 8966, FATCA Report. 4 Gen. Instr. for Certain Info. Returns (2024) |
Page 5 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. All Form 1099 filers must have an EIN. If you have Reporting under chapter 4 does not affect an FFI’s TIP not previously filed a Form 1099 or other return, ! otherwise applicable obligations to report you must obtain an EIN and include it on each CAUTION payments as a payer under chapter 61. Form 1099 that you file. See part K for more information, including how to obtain an EIN and exceptions to the EIN Forms 1099 used. The payments required to be rule. reported under this election for calendar year 2024 must be reported, as applicable, on Form 1099-B, Proceeds In addition to the information otherwise required to be From Broker or Barter Exchange Transactions; 1099-DIV, reported on the appropriate Form 1099, you must also Dividends and Distributions; 1099-INT, Interest Income; include the following information for each account you are 1099-MISC, Miscellaneous Information; 1099-NEC, reporting as described in Regulations section 1.1471-4(d) Nonemployee Compensation; 1099-OID, Original Issue (2)(iii)(A) or (d)(5)(i)(A) or (B). Discount; or 1099-R, Distributions From Pensions, • The name, address, and TIN of the account holder. Annuities, Retirement or Profit-Sharing Plans, IRAs, • The account number. Insurance Contracts, etc. Also see the separate specific • If applicable, the jurisdiction of the branch that instructions for each form. maintains the account being reported by adding the branch’s jurisdiction after the payer’s name, that is, Definitions. Generally, for detailed information about “Payer’s Name (Jurisdiction X branch).” definitions that apply for purposes of chapter 4, see Regulations section 1.1471-1(b). A Reporting foreign If you are an FFI making an election described in intermediary (FI) under a Model 2 Intergovernmental ! Regulations section 1.1471-4(d)(5)(i)(A) or (B), or Agreement (IGA) should also refer to definitions that may CAUTION are a U.S. payer reporting as described in apply under that IGA or apply pursuant to any applicable Regulations section 1.1471-4(d)(2)(iii)(A), you are domestic law pertaining to its FATCA obligations. Solely required to report the payee’s account number on each for purposes of filing Forms 1099, the following definitions Form 1099 you file (regardless of the fact that the account are provided to help guide filers through the process. number may otherwise be optional for purposes of Account. An account means a financial account reporting on the applicable Form 1099). described in Regulations section 1.1471-5(b), including a cash value insurance contract and annuity contract. If you are a sponsoring entity that is reporting a U.S. account on behalf of a sponsored FFI described above, Account holder. An account holder is the person who report on the appropriate Form(s) 1099 the following holds a financial account, as determined under information in the payer boxes (if filing on paper) or in the Regulations section 1.1471-5(a)(3). appropriate fields of the payer record (if e-filing). Foreign financial institution (FFI). An FFI generally • For the name, enter the sponsored FFI’s name on the means a foreign entity that is a financial institution. first line and the sponsoring entity’s name on the second Owner-documented FFI. An owner-documented FFI line. is an FFI described in Regulations section 1.1471-5(f)(3). • For the address, enter the sponsoring entity’s address. Participating FFI (PFFI). A PFFI is an FFI that has • For the federal (or taxpayer) identification number, enter agreed to comply with the requirements of an FFI the sponsored FFI’s EIN. agreement with respect to all branches of the FFI, other In addition, if you are e-filing, enter numeric code “1” in than a branch that is a Reporting Model 1 FFI or a U.S. the “Transfer Agent Indicator” field. See Pub. 1220 for branch. The term “PFFI” also includes an FFI described in e-file of forms. If you are filing on paper, enter your Global a Model 2 IGA that has agreed to comply with the Intermediary Identification Number (GIIN) in the lower requirements of an FFI agreement with respect to a right-hand portion of the title area on the top of Form 1096. branch, and a qualified intermediary (QI) branch of a U.S. For transmittal of paper forms, see Form 1096 and its financial institution, unless such branch is a Reporting accompanying instructions. Model 1 FFI. Recalcitrant account holder. A recalcitrant account If you are an FFI described above that is electing to holder is an account holder (other than an account holder report an account to which you did not make any that is an FFI) of a PFFI or RDC FFI that has failed to payments for the calendar year that are required to be provide the FFI maintaining its account with the reported on a Form 1099, you must report the account on information required under Regulations section Form 1099-MISC or Form 1099-NEC. In addition, if you 1.1471-5(g). made any payments for the calendar year that would be Registered deemed-compliant FFI (RDC FFI). An required to be reported on a Form 1099 if not for an RDC FFI is an FFI described in Regulations section applicable dollar amount threshold, you must also report 1.1471-5(f)(1), and includes a Reporting Model 1 FFI, a QI the account on Form 1099-MISC or Form 1099-NEC. See branch of a U.S. financial institution that is a Reporting the Instructions for Forms 1099-MISC and 1099-NEC. Model 1 FFI, and a nonreporting foreign intermediary (FI) Payments required to be reported. If you make an treated as an RDC FFI under a Model 2 IGA. election described in Regulations section 1.1471-4(d)(5) Reporting Model 1 FFI. A Reporting Model 1 FFI is an (i)(A) or (B), you are required to report any payments FI, including a foreign branch of a U.S. financial institution, made to the account as required for purposes of the treated as a reporting financial institution under a Model 1 election, that is, payments that would be reportable under IGA. sections 6041, 6042, 6045, and 6049 if you were a U.S. payer. Gen. Instr. for Certain Info. Returns (2024) 5 |
Page 6 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Reporting Model 2 FFI. A Reporting Model 2 FFI is The following are exceptions to the filing deadlines an FI or branch of an FI treated as a reporting financial ! shown above. institution under a Model 2 IGA. CAUTION Specified U.S. person. A specified U.S. person is any • File and furnish a copy of Form 1099-NEC on paper or U.S. person described in Regulations section 1.1473-1(c). electronically by January 31, 2025. Sponsored FFI. A Sponsored FFI is an FFI that is an • Form 1099-SB is generally due by February 28, 2025, investment entity, a controlled foreign corporation, or a or March 31, 2025, if e-filing, but see Regulations section closely held investment vehicle that has a Sponsoring 1.6050Y-3(c) for a special exception. Entity that performs certain due diligence, withholding, and reporting obligations on behalf of the Sponsored FFI. You will meet the requirement to file timely if the form is Sponsoring Entity. A Sponsoring Entity is an entity properly addressed, postmarked, and mailed using the that has registered with the IRS to perform the due official mail of the United States, or a private delivery diligence, withholding, and reporting obligations of one or service (PDS) designated by the IRS on or before the due more Sponsored FFIs or Sponsored Direct Reporting date. If the regular due date falls on a Saturday, Sunday, or NFFEs. legal holiday in the District of Columbia or where the return U.S. account. A U.S. account is any account held by is to be filed, file by the next business day. A business day one or more specified U.S. persons. A U.S. account also is any day that is not a Saturday, Sunday, or legal holiday includes any account held by a passive NFFE that has in the District of Columbia or where the return is to be one or more substantial U.S. owners, or in the case of a filed. See part M about providing Forms 1097, 1098, 1099, Reporting Model 2 FFI, any account held by a passive 3921, 3922, 5498, and W-2G or statements to recipients. NFFE that has one or more controlling persons that are See section 11 of Pub. 15 for a list of legal holidays. specified U.S. persons. See Regulations section Private delivery services (PDSs). You can use certain 1.1471-5(a) and an applicable Model 2 IGA. PDSs designated by the IRS to meet the “timely mailing as timely filing” rule for information returns. Go to B. Other Information Returns IRS.gov/PDS for the current list of designated PDSs. The income information you report on the following forms The PDS can tell you how to get written proof of the must not be repeated on Forms 1099 or W-2G. mailing date. • Form W-2, reporting wages and other employee For the IRS mailing address to use if you’re using a compensation. PDS, go to IRS.gov/PDSstreetAddresses and select the • Forms 1042-S and 1000, reporting income to foreign address that corresponds with the city of the address persons. where you would otherwise mail your information returns • Form 2439, reporting undistributed long-term capital under D. Where To File, later. gains of a regulated investment company (RIC) or real estate investment trust (REIT). PDSs can't deliver items to P.O. boxes. You must • Schedule K-1 or K-3 (Form 1065), reporting distributive ! use the U.S. Postal Service to mail any item to an shares to members of a partnership. CAUTION IRS P.O. box address. Go to IRS.gov/ • Schedule K-1 (Form 1041), reporting distributions to PDSstreetAddresses for the street addresses to be used beneficiaries of trusts or estates. by PDSs. • Schedule K-1 or K-3 (Form 1120-S), reporting Reporting period. Forms 1097, 1098, 1099, 3921, 3922, distributive shares to shareholders of S corporations. and W-2G are used to report amounts received, paid, • Schedule K of Form 1120-IC-DISC, reporting actual and credited, donated, transferred, or canceled, in the case of constructive distributions to shareholders and deferred Form 1099-C, during the calendar year. Forms 5498, DISC income. 5498-ESA, 5498-QA, and 5498-SA are used to report • Schedule Q (Form 1066), reporting income from a real amounts contributed and the fair market value (FMV) of an estate mortgage investment conduit (REMIC) to a residual account for the calendar year. interest holder. Extension of time to file. You can get an automatic 30-day extension of time to file by completing Form 8809. C. When To File The form may be submitted on paper, or through the FIRE Except as indicated below, file Forms 1097, 1098, 1099, System either as a fill-in form or an electronic file. A 3921, 3922, or W-2G on paper by February 28, 2025, or signature or explanation may be required for the March 31, 2025, if e-filing. File Forms 5498, 5498-ESA, extension. However, you must file Form 8809 by the due 5498-QA, and 5498-SA by June 2, 2025. Form 1096 must date of the returns in order to get the 30-day extension. accompany all paper submissions. See part E for paper Under certain hardship conditions, you may apply for an and part F for e-file requirements. additional 30-day extension. See Form 8809 for more information. For Forms W-2 and 1099-NEC, no automatic ! extension is available. See Form 8809. CAUTION For tax year 2024, requests for extensions of time ! to file Form 5498-QA may be filed on paper only. CAUTION 6 Gen. Instr. for Certain Info. Returns (2024) |
Page 7 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How to apply. As soon as you know that a 30-day extension of time to file is needed, file Form 8809. E. Filing Returns With the IRS • Follow the instructions on Form 8809 and mail it to the The IRS strongly encourages the quality review of data address listed in the instructions on the form. See the before filing to prevent erroneous notices from being instructions for Form 8809 for more information. mailed to payees (or others for whom information is being • You can submit the extension request online through reported). the FIRE System. You are encouraged to submit requests using the online fillable form. See Part B in Pub. 1220 for Generally, you are not required to report payments more information on filing online or e-filing. TIP smaller than the minimum described for a form; Extension for statements to recipients. For however, you may prefer, for economy and your information on requesting an extension of time to furnish own convenience, to file Copies A for all payments. The statements to recipients, see Extension of time to furnish IRS encourages this. statements to recipients under part M. If you must file any Form 1097, 1098, 1099, 3921, 3922, 5498, or W-2G with the IRS and you are filing paper D. Where To File forms, you must send a Form 1096 with each type of form as the transmittal document. You must group the forms by Use the 3-line address for your state for mailing form number and submit each group with a separate Form ! information returns. 1096. For example, if you file Forms 1098, 1099-A, and CAUTION 1099-MISC, complete one Form 1096 to transmit Forms Send all information returns filed on paper to the 1098, another for Forms 1099-A, and a third for Forms following. 1099-MISC. Specific instructions for completing Form 1096 are included on the form. Also, see Transmitters, If your principal business, paying agents, etc., later. For information about filing office or agency, or legal corrected paper returns, see part H. Use the following address: residence in the case of an individual, is located in: Because the IRS processes paper forms by machine (optical character recognition Alabama, Arizona, Arkansas, CAUTION! equipment), you cannot file Form 1096 or Copy A Delaware, Florida, Georgia, of Forms 1098, 1099, 3921, or 5498 that you print from the Internal Revenue Service Kentucky, Maine, IRS website. But see Online fillable forms, later, for some Austin Submission Processing Massachusetts, Mississippi, forms that you can fill in and print from the IRS website. Center New Hampshire, New Jersey, Additionally, you can still use Copy B of online forms to P.O. Box 149213 New Mexico, New York, North Austin, TX 78714 provide recipient statements, even if you can’t file the Carolina, Ohio, Texas, Vermont, Virginia online forms with the IRS. Alaska, Colorado, Hawaii, You can order information returns and instructions Idaho, Illinois, Indiana, Iowa, online at IRS.gov/OrderForms, or you can mail an order to Kansas, Michigan, Minnesota, Department of the Treasury the address in part T. Missouri, Montana, Nebraska, IRS Submission Processing See Pub. 1179 for specifications for private printing of Nevada, North Dakota, Center substitute information returns. You may not request Oklahoma, Oregon, South P.O. Box 219256 special consideration. Only forms that conform to the Carolina, South Dakota, Kansas City, MO 64121-9256 official form and the specifications in Pub. 1179 are Tennessee, Utah, Washington, acceptable for filing with the IRS. Wisconsin, Wyoming Online fillable forms. Due to the very low volume of California, Connecticut, District Department of the Treasury paper Forms 1097-BTC, 1098-C, 1098-MA, 1098-Q, of Columbia, Louisiana, IRS Submission Processing 1099-CAP, 1099-LTC, 1099-Q, 1099-QA, 1099-SA, 3922, Maryland, Pennsylvania, Rhode Center 5498-ESA, 5498-QA, and 5498-SA received and Island, West Virginia 1973 North Rulon White Blvd. Ogden, UT 84201 processed by the IRS each year, these forms have been converted to online fillable PDFs. You may fill out these forms, found online at IRS.gov/FormsPubs, and send Copy B to each recipient. For filing with the IRS, follow If your legal residence or principal place of business, or your usual procedures for e-filing if you are filing 10 or principal office or agency, is outside the United States, more information returns. If you are filing any of these use the following address. forms on paper due to a low volume of recipients, for these forms only, you may file a black-and-white Copy A Internal Revenue Service that you print from the IRS website with Form 1096. See Austin Submission Processing Center part G for paper document reporting. You must not use P.O. Box 149213 these online fillable forms if you are required to e-file. Austin, TX 78714 Transmitters, paying agents, etc. A transmitter, service State and local tax departments. Contact the bureau, paying agent, or disbursing agent (hereafter applicable state and local tax department as necessary referred to as “agent”) may sign Form 1096 on behalf of for reporting requirements and where to file. any person required to file (hereafter referred to as “payer”) if the conditions in (1) and (2) below are met. Gen. Instr. for Certain Info. Returns (2024) 7 |
Page 8 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. The agent has the authority to sign the form under 5717, IRIS Taxpayer Portal User Guide. Go to IRS.gov/ an agency agreement (oral, written, or implied) that is IRIS for additional information and updates. valid under state law. Due dates. E-file Forms 1097, most Forms 1098, and 2. The agent signs the form and adds the caption “For: most Forms 1099, 3921, 3922, or W-2G by March 31, (Name of payer).” 2025. File Forms 5498, 5498-ESA, 5498-QA, or 5498-SA Signing of the form by an authorized agent on behalf of by June 2, 2025. See part M about furnishing Forms 1097, the payer does not relieve the payer of the liability for 1098, 1099, 3921, 3922, 5498, and W-2G, or statements, penalties for not filing a correct, complete, and timely to recipients. Form 1096 and accompanying returns. File Form 1099-NEC by January 31, 2025. Forms 1097, 1098, 1099, 3921, 3922, 5498, and ! W-2G, or acceptable substitute statements, to recipients CAUTION issued by a service bureau or agent should show the How to request an extension of time to file. For same payer's name as shown on the information returns information about requesting an extension of time to file, filed with the IRS. see Extension of time to file, earlier, under part C. For information about the election to report and deposit If you e-file, do not file the same returns on paper. backup withholding under the agent's TIN and how to prepare forms if the election is made, see Rev. Proc. CAUTION! 84-33, 1984-1 C.B. 502, and the Instructions for Form 945. Who must e-file. If you are required to file 10 or more Keeping copies. Generally, keep copies of information information returns during the year, you must e-file. The returns you filed with the IRS, or have the ability to reconstruct the data, for at least 3 years (4 years for Form 10-or-more requirement does not apply separately to each type of form. For example, if you must file four Forms 1099-C), from the due date of the returns. Keep copies of 1098 and six Forms 1099-A, you must e-file. information returns for 4 years if backup withholding was imposed. The e-file requirement does not apply if you apply for and receive a hardship waiver. See How to request a Shipping and mailing. Send the forms to the IRS in a waiver from e-filing, later. flat mailer (not folded). If you are sending many forms, you may send them in conveniently sized packages. On each If you are required to e-file but fail to do so, and package, write your name, number the packages ! you do not have an approved waiver, you may be consecutively, and place Form 1096 in package number 1. CAUTION subject to a penalty. Postal regulations require forms and packages to be sent by First-Class Mail. The IRS encourages you to e-file. TIP F. Electronic Reporting E-file is available, and may be required, for filing all Filing requirement does not apply separately to origi- information returns discussed in these instructions, other nals and corrections. The e-filing requirement does not than Form 5498-QA (see Who must e-file, later). Different apply separately to original returns and corrected returns. types of payments, such as interest, dividends, and rents, If your original information returns are required to be may be reported in the same submission. e-filed, any corrected information return must also be e-filed. For example, if you e-file five Forms 1098 and five You can e-file Forms 1097, 1098, 1099, Forms 1099-DIV and you are making four corrections, 3921, 3922, 5498, and W-2G, except your corrections must also be e-filed. Form 5498-QA, through the Filing Information Returns Electronically System (FIRE System); How to report incorrect payer name and/or TIN. If a however, you must have software that can produce a file in payer discovers an error in reporting the payer (not the proper format according to Pub. 1220. Pub. 1220 recipient) name and/or TIN, write a letter containing the provides the procedures for reporting electronically and is following information. updated annually. Pub. 1220 is available at IRS.gov. The 1. Name and address of the payer. FIRE System does not provide a fill-in form option for 2. Type of error (including the incorrect payer information return reporting. The FIRE System operates name/TIN that was reported). 24 hours a day, 7 days a week. You may access the FIRE 3. Tax year. System online at FIRE.IRS.gov. Forms 1099 may also be e-filed using IRIS, described later, without special 4. Payer TIN. software. 5. Transmitter Control Code (TCC). 6. Type of return. Form 5498-QA can only be filed on paper. 7. Number of payees. CAUTION! 8. Filing method (paper or electronic). Information Reporting Intake System (IRIS). The IRS 9. Was federal income tax withheld? has developed a free online portal that allows taxpayers to Send the letter to: e-file Forms 1099 after December 31, 2022, for 2022 and later returns. Users should follow the specifications in Pub. 8 Gen. Instr. for Certain Info. Returns (2024) |
Page 9 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Internal Revenue Service processing errors. Handwritten forms often result in Information Returns Branch name/TIN mismatches. Use block print, not script 230 Murall Drive, Mail Stop 4360 characters. If you have a small number of forms, consider Kearneysville, WV 25430 contacting an IRS business partner who may be able to prepare them with little or no cost to you. See (5) below for If a payer realizes duplicate reporting or a large details. Type entries using black ink in 12-point Courier font. Copy A is read by machine and must be typed clearly ! percentage of incorrect information has been filed, CAUTION contact the information reporting customer service using no corrections in the data entry fields. Data must be site at 866-455-7438 for further instructions. printed in the middle of the blocks, well separated from other printing and guidelines. Entries completed by hand, How to get approval to e-file. You will need to apply for or using script, italic, or proportional spaced fonts, or in a Transmitter Control Code (TCC) to e-file information colors other than black, cannot be read correctly by returns. You can e-file Forms 1099 using IRIS and/or machine. Make all dollar entries without the dollar sign, FIRE. A separate TCC is required for each system, but include the decimal point (for example, 00000.00). IRIS-TCC and/or FIRE-TCC. An IRIS TCC will not work for Show the cents portion of the money amounts. If a box FIRE and vice versa. An EIN is required to apply for a does not apply, leave it blank. TCC. As the TCC application process may take up to 45 2. Do not enter 0 (zero) or “None” in money amount days to process, you should apply before the filing boxes when no entry is required. Leave the boxes blank season. Once you receive your TCC, it can be used from unless the instructions specifically require that you enter a year to year. See IRS.gov/InfoReturn for more information. 0 (zero). For example, in some cases, you must enter 0 Form 4419 will no longer be accepted to update (zero) to make corrections. See part H. ! information for those that received their TCC 3. Do not enter number signs (#)—RT 2, not Rt. #2. CAUTION before September 26, 2021. See IRS.gov/FIRE for 4. Send the entire page of Copy A of your information more 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. How to request a waiver from e-filing. To receive a waiver from the required e-filing of information returns, 5. To locate an IRS business partner who may be able submit Form 8508 at least 45 days before the due date of to offer low-cost or even free filing of certain forms, enter the returns for which you are requesting a waiver. You “e-file for Business Partners” in the search box on cannot apply for a waiver for more than 1 tax year at a IRS.gov. time. If you need a waiver for more than 1 tax year, you must reapply at the appropriate time each year. Multiple filings. If, after you file Forms 1097, 1098, 1099, 3921, 3922, 5498, or W-2G, you discover additional If a waiver for original returns is approved, any forms that are required to be filed, file these forms with a corrections for the same types of returns will be covered new Form 1096. Do not include copies or information from under the waiver. However, if you e-filed original returns previously filed returns. but you want to submit your corrections on paper, a waiver must be approved for the corrections. Required format. Because paper forms are scanned, all Forms 1096 and Copies A of Forms 1097, 1098, 1099, If you receive an approved waiver, do not send a copy 3921, 3922, and 5498 must be prepared in accordance of it to the IRS Submission Processing Center where you with the following instructions. If these instructions are not file your paper returns. Keep the waiver for your records followed, you may be subject to a penalty for each only. incorrectly filed document. See part O. Penalty. If you are required to e-file but fail to do so, and 1. Do not cut or separate Copies A of the forms that you do not have an approved waiver, you may be subject are printed two or three to a sheet (except Form W-2G). to a penalty for failure to file electronically unless you Generally, Forms 1097, 1098, 1099, 3921, 3922, and establish reasonable cause. For most of the information 5498 are printed two or three to an 8 / x 11 inch sheet. 1 2 returns discussed in these instructions, the maximum Form 1096 is printed one to an 8 / x 11 inch sheet. These 1 2 penalty is $330 per return. However, the penalty for a forms must be submitted to the IRS on the 8 / x 11 inch 1 2 failure to file timely electronically applies only to the extent sheet. If at least one form on the page is correctly the number of returns exceeds 10. See part O. completed, you must submit the entire page. Forms W-2G The penalty does not apply separately to original may be separated and submitted as single forms. Send returns and corrected returns. See Filing requirement the forms to the IRS in a flat mailer (not folded). does not apply separately to originals and corrections, 2. Forms 1098, 1098-MA, 1099-A, 1099-C, 1099-CAP, earlier. 1099-G, 1099-H, 1099-INT,1099-K, 1099-LTC, 1099-PATR, 1099-QA, 1099-S, 1099-SA, 5498-ESA, G. Paper Document Reporting 5498-QA, and 5498-SA that you print from IRS.gov will If you are required to file 10 or more information returns, print 1-to-a-page on 8 / x 11 inch paper. Do not cut off the 1 2 see part F. excess paper, unless you are using a pinfeed printer. If so, remove the pinfeed strip. Follow these guidelines. 3. No photocopies of any forms are acceptable. See 1. Although handwritten forms are acceptable, they How To Get Forms, Publications, and Other Assistance, must be completely legible and accurate to avoid later. Gen. Instr. for Certain Info. Returns (2024) 9 |
Page 10 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4. Do not staple, tear, or tape any of these forms. It will • Correct it as soon as possible and file Copy A and Form interfere with the IRS's ability to scan the documents. 1096 with your IRS Submission Processing Center (see 5. Pinfeed holes on the form are not acceptable. part D), and Pinfeed strips outside the 8 / x 11 inch area must be 1 2 • Furnish statements to recipients showing the correction. removed before submission, without tearing or ripping the When making a correction, complete all information form. Substitute forms prepared in continuous or strip form (see Filing corrected returns on paper forms, later). must be burst and stripped to conform to the size • Do not cut or separate forms that are two or three to a specified for a single sheet (8 / x 11 inches) before they 1 2 page. Submit the entire page even if only one of the forms are filed with the IRS. on the page is completed. 6. Do not change the title of any box on any form. Do • Do not staple the forms to Form 1096. not use a form to report information that is not properly • Do not send corrected returns to the IRS if you are reportable on that form. If you are unsure of where to correcting state or local information only. Contact the state report the data, call the information reporting customer or local tax department for help with this type of service site at 866-455-7438 (toll free). correction. 7. Report information only in the appropriate boxes To correct payer information, see Reporting incorrect provided on the forms. Make only one entry in each box payer name and/or TIN, earlier. unless otherwise indicated in the form's specific Form 1096. Use a separate Form 1096 for each type of instructions. return you are correcting. For the same type of return, you 8. Do not submit any copy other than Copy A to the may use one Form 1096 for both originals and corrections. IRS. You do not need to correct a previously filed Form 1096. 9. Do not use prior year forms unless you are reporting CORRECTED checkbox. Enter an “X” in the prior year information. Do not use subsequent year forms “CORRECTED” checkbox only when correcting a form for the current year. Because forms are scanned, you previously filed with the IRS or furnished to the recipient. must use the current year form to report current year Certain errors require two returns to make the correction. information. See Filing corrected returns on paper forms, later, to 10. Use the official forms or substitute forms that meet determine when to check the “CORRECTED” checkbox. the specifications in Pub. 1179. If you submit substitute Account number. If the account number was provided forms that do not meet the current specifications and that on the original return, the same account number must be are not scannable, you may be subject to a penalty for included on both the original and corrected returns to each return for improper format. See part O. properly identify and process the correction. If the account 11. Do not use dollar signs ($) (they are preprinted on number was not provided on the original return, do not the forms), ampersands (&), asterisks (*), commas (,), or include it on the corrected return. See part L. other special characters in money amount boxes. Recipient's statement. You may enter a date next to the 12. Do not use apostrophes (‘), asterisks (*), or other “CORRECTED” checkbox. This will help the recipient in special characters on the payee name line. the case of multiple corrections. Common errors. Be sure to check your returns to Filing corrected returns on paper forms. The Error prevent the following common errors. Charts for Filing Corrected Returns on Paper Forms, later, 1. Duplicate filing. Do not send the same information give step-by-step instructions for filing corrected returns to the IRS more than once. Also see Multiple filings, for the most frequently made errors. They are grouped earlier. under Error Type 1 or 2. Correction of errors may require the submission of more than one return. Be sure to read 2. Filer's name, address, and TIN are not the same on Form 1096 and the attached Forms 1097, 1098, 1099, and follow the steps given. 3921, 3922, 5498, or W-2G. If you fail to file correct information returns or 3. Decimal point to show dollars and cents omitted. ! furnish a correct payee statement, you may be For example, 1230.00 is correct, not 1230. CAUTION subject to a penalty. See part O. Regulations section 301.6724-1 (relating to information return 4. Two or more types of returns submitted with one penalties) does not require you to file corrected returns for Form 1096 (for example, Forms 1099-INT and 1099-MISC missing or incorrect TINs if you meet the with one Form 1096). You must submit a separate Form reasonable-cause criteria. You are merely required to 1096 with each type of return. include the correct TIN on the next original return you are required to file. H. Corrected Returns on Paper Forms However, even if you meet the reasonable-cause criteria, To file corrections for e-filed forms, see part F and the IRS encourages you to file corrections for incorrect or ! Pub. 1220. missing TINs so that the IRS can update the payees' CAUTION records. If you filed a return with the IRS and later discover you made an error on it, you must: 10 Gen. Instr. for Certain Info. Returns (2024) |
Page 11 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. I. Void Returns An “X” in the “VOID” box at the top of the form will not correct a previously filed return. See part H 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, 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. Go to the next form on the page, or to another page, and enter the correct information; but do not check the “CORRECTED” checkbox. 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. Gen. Instr. for Certain Info. Returns (2024) 11 |
Page 12 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Error Charts for Filing Corrected Returns on Paper Forms Identify the correction needed based on Error Type 1 or 2; then follow the steps to make the corrections and file the form(s). Also see part H, earlier. Error Type 1 Correction Incorrect money amount(s), code, or A. Form 1097, 1098, 1099, 3921, 3922, 5498, or W-2G checkbox 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. Report other information as per the original return. A return was filed when one should B. Form 1096 not have been filed. 1. Prepare a new transmittal Form 1096. 2. Provide all requested information on the form as it applies to Part A, 1 and 2. These errors require only one return to 3. File Form 1096 and Copy A of the return with the appropriate IRS Submission make the correction. Processing Center. 4. Do not include a copy of the original return that was filed incorrectly. Caution: If you must correct a TIN or a payee name, follow the instructions under Error Type 2. Error Type 2 Correction No payee TIN (SSN, EIN, QI-EIN, or Step 1. Identify incorrect return 1. Prepare a new information return. ITIN), submitted. 2. Enter an “X” in the “CORRECTED” box (and date or (optional)) at the top of the form. Incorrect payee TIN, 3. Enter the payer, recipient, and account number or information exactly as it appeared on the original incorrect Incorrect payee name, return; however, enter -0- (zero) for all money amounts. or Original return filed using wrong type Step 2. Report correct information. A. Form 1097, 1098, 1099, 3921, 3922, 5498, or W-2G of return (for example, a Form 1099-DIV 1. Prepare a new information return. was filed when a Form 1099-INT should 2. Do not enter an “X” in the “CORRECTED” box at have been filed). the top of the form. Prepare the new return as though it is an original. Two separate returns are required to 3. Include all the correct information on the form make the correction properly. Follow all including the correct TIN and name. instructions for both Steps 1 and 2. B. Form 1096 1. Prepare a new transmittal Form 1096. 2. Enter one of the following phrases in the bottom margin of the form. • Filed To Correct TIN. • Filed To Correct Name. • Filed To Correct Return. 3. Provide all requested information on the form as it applies to the returns prepared in Steps 1 and 2. 4. File Form 1096 and Copy A of the return with the appropriate IRS Submission Processing Center. 5. Do not include a copy of the original return that was filed incorrectly. 12 Gen. Instr. for Certain Info. Returns (2024) |
Page 13 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If the recipient is a foreign person, the IRS suggests J. Recipient Names and Taxpayer that you request the recipient complete the appropriate Form W-8. See the Instructions for the Requester of Identification Numbers (TINs) Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY. Recipient names. Show the full name and address in the U.S. resident aliens who rely on a “saving clause” section provided on the information return. If payments ! of a tax treaty are to complete Form W-9, not Form have been made to more than one recipient or the CAUTION W-8BEN. See Pub. 515 and Pub. 519. account is in more than one name, show on the first name line the name of the recipient whose TIN is first shown on You may be subject to a penalty for an incorrect or the return. You may show the names of any other missing TIN on an information return. See part O for more individual recipients in the area below the first line, if information. You are required to maintain the desired. Form W-2G filers, see the Instructions for Forms confidentiality of information obtained on a Form W-9/ W-2G and 5754. W-9S relating to the taxpayer's identity (including SSNs, Sole proprietors. You must show the individual's name EINs, ITINs, and ATINs), and you may use such on the first name line; on the second name line, you may information only to comply with the tax laws. enter the “doing business as (DBA)” name. You may not If the recipient does not provide a TIN, leave the enter only the DBA name. For the TIN, enter either the TIP box for the recipient's TIN blank on the Form individual's social security number (SSN) or the EIN of the 1097, 1098, 1099, 3921, 3922, 5498, or W-2G. business (sole proprietorship). The IRS prefers that you Backup withholding may apply; see part N. enter the SSN. Limited liability company (LLC). For a If the recipient does not provide a TIN, you may single-member LLC (including a foreign LLC with a U.S. ! not make the election described in Regulations owner) that is disregarded as an entity separate from its CAUTION section 1.1471-4(d)(5)(i)(A) or (B) or report as owner under Regulations section 301.7701-3, enter the described in Regulations section 1.1471-4(d)(2)(iii)(A). owner's name only on the first name line and the LLC's name on the second name line. For the TIN, enter the The TIN for individual recipients of information returns owner's SSN (or EIN, if applicable). If the LLC is taxed as is the SSN, ITIN, or ATIN. See Sole proprietors, earlier. a corporation, partnership, etc., enter the entity's EIN. For other recipients, including corporations, partnerships, Bankruptcy estate. If an individual (the debtor) for and estates, the TIN is the EIN. Income reportable after whom you are required to file an information return is in the death of an individual must reflect the TIN of the chapter 11 bankruptcy, and the debtor notified you of the payee, that is, of the estate or of the surviving joint owner. bankruptcy estate's EIN, report post-petition gross For more information, see Personal Representative in Pub. income, gross proceeds, or other reportable payments on 559. For LLCs, see Limited liability company (LLC), the applicable information return using the estate's name earlier. and EIN. The debtor should notify you when the SSNs, ITINs, and ATINs have nine digits separated by bankruptcy is closed, dismissed, or converted, so that any two hyphens (000-00-0000), and EINs have nine digits subsequent information returns will be filed with the separated by only one hyphen (00-0000000). correct name and EIN. Different rules apply if the bankruptcy is converted to chapter 7, 12, or 13 of the Note. Make sure you include the hyphen(s) in the correct Bankruptcy Code. For additional guidance, see Notice place(s) when completing the paper form(s). 2006-83, 2006-40 I.R.B. 596, available at IRS.gov/irb/ Expired ITINs may continue to be used for 2006-40_IRB#NOT-2006-83. ! information return purposes regardless of whether TINs. TINs are used to associate and verify amounts you CAUTION they have expired for individual income tax return report to the IRS with corresponding amounts on tax filing purposes. Additionally, the third parties who file and returns. Therefore, it is important that you report correct furnish information returns with an expired payee ITIN will names, SSNs, individual taxpayer identification numbers not be subject to information return penalties under (ITINs), EINs, or adoption taxpayer identification numbers section 6721 or 6722 solely because the ITIN is expired. (ATINs) for recipients on the forms sent to the IRS. See Notice 2016-48, 2016-33 I.R.B. 235, available at IRS.gov/irb/2016-33_IRB#NOT-2016-48. Only one recipient TIN can be entered on the TIP form. Truncating payee’s TIN on payee statements. Filers of information returns are permitted to truncate a payee's Requesting a recipient's TIN. If the recipient is a U.S. TIN (SSN, ITIN, ATIN, or EIN) on most payee statements. person (including a U.S. resident alien), the IRS suggests The payee's TIN may not be truncated on Form W2-G. that you request the recipient complete Form W-9, Where permitted, filers may truncate a payee's TIN on the Request for Taxpayer Identification Number and payee statement (including substitute and composite Certification, or Form W-9S, Request for Student's or substitute statements) furnished to the payee in paper Borrower's Taxpayer Identification Number and form or electronically. Generally, the payee statement is Certification, as appropriate. Form W-9 is required to be that copy of an information return designated "Copy B" on completed by recipients of certain types of payments (as the form. A "payee" is any person who is required to provided in Regulations section 31.3406(d)-1). See the receive a copy of the information set forth on an Instructions for the Requester of Form W-9 for more information return by the filer of the return. For some information on how to request a TIN. forms, the term "payee" will refer to beneficiary, borrower, Gen. Instr. for Certain Info. Returns (2024) 13 |
Page 14 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. debtor, insured, participant, payer, policyholder, recipient, shareholder, student, or transferor. If a filer truncates a TIN K. Filer's Name, Taxpayer on Copy B, other copies of the form furnished to the payee may also include a truncated number. A filer may not Identification Number (TIN), and truncate a payee's TIN on any forms the filer files with the Address IRS. A filer's TIN may not be truncated on any form. To The TIN for filers of information returns, including sole truncate where allowed, replace the first five digits of the proprietors and nominees/middlemen, is the EIN. nine-digit number with asterisks (*) or Xs (for example, an However, sole proprietors and nominees/middlemen who SSN xxx-xx-xxxx would appear on the paper payee are not otherwise required to have an EIN should use their statement as ***-**-xxxx or XXX-XX-xxxx). See T.D. 9675, SSNs. A sole proprietor is not required to have an EIN 2014-31 I.R.B. 242, available at IRS.gov/irb/ unless he or she has a Keogh plan or must file excise or 2014-31_IRB#TD-9675. employment tax returns (including to report backup Electronic submission of Forms W-9. Requesters may withholding). See Pub. 583. establish a system for payees and payees' agents to If you are an FFI making the election described in submit Forms W-9 electronically, including by fax. A TIP Regulations section 1.1471-4(d)(5)(i)(A) or (B), requester is anyone required to file an information return. you are required to use an EIN and cannot, for A payee is anyone required to provide a TIN to the purposes of filing a Form 1099, use your GIIN. requester. Payee's agent. A payee's agent can be an investment The filer's name and TIN are required to match the adviser (corporation, partnership, or individual) or an ! name and TIN used on the filer's other tax returns introducing broker. An investment adviser must be CAUTION (such as Form 945 to report backup withholding). registered with the Securities and Exchange Commission The name of the filer's paying agent or service bureau (SEC) under the Investment Advisers Act of 1940. The must not be used in place of the name of the filer. introducing broker is a broker-dealer that is regulated by the SEC and the National Association of Securities For a single-member LLC (including a foreign LLC with Dealers, Inc., and that is not a payer. Except for a broker a U.S. owner) that is disregarded as an entity separate who acts as a payee's agent for “readily tradable from its owner under Regulations section 301.7701-3, instruments,” the adviser or broker must show in writing to enter the owner's name only on the first name line and the the payer that the payee authorized the adviser or broker LLC's name on the second name line. For the TIN, enter to transmit the Form W-9 to the payer. the owner's SSN (or EIN, if applicable). If the LLC is taxed Generally, the electronic system must do the following. as a corporation, partnership, etc., enter the entity's EIN. 1. Ensure the information received is the information If you don’t have an EIN, you may apply for one online sent and document all occasions of user access that by visiting the IRS website at IRS.gov/EIN. You may also result in the submission. apply for an EIN by faxing or mailing Form SS-4 to the 2. Make reasonably certain the person accessing the IRS. See the Instructions for Form SS-4 for more system and submitting the form is the person identified on information. Form W-9. 3. Provide the same information as the paper Form L. Account Number Box on Forms W-9. Use the account number or policy number box on Forms 4. Be able to supply a hard copy of the electronic Form 1097, 1098, 1099, 3921, 3922, and 5498 for an account W-9 if the IRS requests it. number designation. The account number is required if 5. Require as the final entry in the submission an you have multiple accounts for a recipient for whom you electronic signature by the payee whose name is on Form are filing more than one information return of the same W-9 that authenticates and verifies the submission. The type. The account number is also required if you are an electronic signature must be under penalties of perjury FFI making the election described in Regulations section and the perjury statement must contain the language of 1.1471-4(d)(5)(i)(A) or (B) or are a U.S. payer reporting as the paper Form W-9. described in Regulations section 1.1471-4(d)(2)(iii)(A). Additionally, the IRS encourages you to include the For Forms W-9 that are not required to be signed, recipient's account number on paper forms if your system TIP the electronic system need not provide for an of records uses the account number rather than the name electronic signature or a perjury statement. or TIN for identification purposes. Also, the IRS will Additional requirements may apply. See include the account number in future notices to you about Announcement 98-27, available on page 30 of Internal backup withholding. See Pub. 1220 if you are e-filing. Revenue Bulletin 1998-15 at IRS.gov/pub/irs-irbs/ irb98-15.pdf, and Announcement 2001-91, available on The account number may be a checking account page 221 of Internal Revenue Bulletin 2001-36 at number, savings account number, brokerage account IRS.gov/pub/irs-irbs/irb01-36.pdf. number, serial number, loan number, policy number, or any other number you assign to the payee that is unique Electronic submission of Forms W-9S. See the and will distinguish the specific account. This number Instructions for Forms 1098-E and 1098-T. must not appear anywhere else on the form, and this box may not be used for any other item unless the separate instructions indicate otherwise. Using unique account 14 Gen. Instr. for Certain Info. Returns (2024) |
Page 15 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. numbers ensures that corrected information returns will be Dividend, interest, and royalty payments. For processed accurately. payments of dividends under section 6042 (reported on If you are using window envelopes to mail statements Form 1099-DIV), patronage dividends under section 6044 to recipients and using reduced rate mail, be sure the (reported on Form 1099-PATR), interest (including OID account number does not appear in the window. The U.S. and tax-exempt interest) under section 6049 (reported on Postal Service may not accept these for reduced rate mail. 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 M. Statements to Recipients acceptable substitute Form 1099 to a recipient either in (Beneficiaries, Borrowers, Debtors, person, by First-Class Mail to the recipient's last known address, or electronically (see Electronic recipient Donors, Employees, Insureds, statements, later). Statements may be sent by intraoffice Participants, Payment or Credit mail if you use intraoffice mail to send account information and other correspondence to the recipient. Recipients, Payers, Policyholders, Statement mailing requirements for Forms Sellers, Shareholders, Students, 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR, and forms reporting royalties only. The following statement Transferors, or Winners on Certain mailing requirements apply only to Forms 1099-DIV Forms) (except for section 404(k) dividends), 1099-INT (except If you are required to file Forms 1097, 1098, 1099, 3921, for interest reportable in the course of your trade or 3922, 5498, or W-2G, you must also furnish statements to business under section 6041), 1099-OID, 1099-PATR, and recipients containing the information furnished to the IRS timber royalties reported under section 6050N (on Form and, in some cases, additional information. Be sure that 1099-MISC or 1099-S). The mailing must contain the the statements you provide to recipients are clear and official IRS Form 1099 or an acceptable substitute and legible. may also contain the following enclosures: (a) Form W-2, applicable Form W-8, Form W-9, or other Forms W-2G, Substitute statements. If you are not using the official 1097, 1098, 1099, 3921, 3922, and 5498 statements; (b) IRS form to furnish statements to recipients, see Pub. a check from the account being reported; (c) a letter 1179 for specific rules about providing “substitute” explaining why no check is enclosed; (d) a statement of statements to recipients. Generally, a substitute is any the person's account shown on Forms 1097, 1098, 1099, statement other than Copy B of the official form. You may 3921, 3922, or 5498; and (e) a letter explaining the tax develop them yourself or buy them from a private printer. consequences of the information shown on the recipient However, the substitutes must comply with the format and statement. content requirements specified in Pub. 1179 that is A statement of the person's account (year-end account available on IRS.gov. summary) that you are permitted to enclose in a statement Telephone number. You are required to include the mailing may include information similar to the following: (a) telephone number of a person to contact on the following the part of a mutual fund distribution that is interest on statements to recipients: W-2G, 1097-BTC, 1098, 1098-C, U.S. Treasury obligations, (b) accrued interest expense on 1098-E, 1098-F, 1098-MA, 1098-Q, 1098-T, 1099-A, the purchase of a debt obligation, and (c) the cost or other 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G (excluding basis of securities and the gain/loss on the sale of state and local income tax refunds), 1099-INT, 1099-K, securities. 1099-LS, 1099-LTC, 1099-MISC (excluding fishing boat No additional enclosures, such as advertising, proceeds), 1099-NEC, 1099-OID, 1099-PATR, 1099-Q, promotional material, or a quarterly or annual report, are 1099-QA, 1099-R, 1099-S, 1099-SA, and 1099-SB. You permitted. Even a sentence or two on the year-end may include the telephone number in any conspicuous statement describing new services offered by the payer is place on the statements. This number must provide direct not permitted. Logos are permitted on the envelope and access to an individual who can answer questions about on any nontax enclosures. See section 1.3.2 of Pub. 1179. the statement. Although not required, if you report on A recipient statement may be perforated to a check or other Forms 1099 and 5498, or on Forms 3921 and 3922, to a statement of the recipient's specific account. The you are encouraged to furnish telephone numbers. check or account statement to which the recipient Rules for furnishing statements. Different rules apply statement is perforated must contain, in bold and to furnishing statements to recipients depending on the conspicuous type, the legend “Important Tax Return type of payment (or other information) you are reporting Document Attached.” and the form you are filing. The legend “Important Tax Return Document Enclosed” If you are reporting a payment that includes must appear in a bold and conspicuous manner on the TIP noncash property, show the FMV of the property outside of the envelope and on each letter explaining why at the time of payment. no check is enclosed, or on each check or account statement that is not perforated to the recipient statement. Report the type of payment information as described The legend is not required on any tax form, tax statement, next for (a) Dividend, interest, and royalty payments; (b) or permitted letter of tax consequences included in a Real estate transactions; and (c) Other information. statement mailing. Further, you need not pluralize the Gen. Instr. for Certain Info. Returns (2024) 15 |
Page 16 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. word “document” in the legend simply because more than under section 6047), 1099-INT (only for interest reportable one recipient statement is enclosed. in the course of your trade or business under section 6041), or 1099-S (only for royalties) need not be, but can If you provide Forms 1097, 1098, 1099, 3921, be, a copy of the official paper form filed with the IRS. If TIP 3922, 5498, or W-2G recipient statements in a you do not use a copy of the paper form, the form number “separate mailing” that contains only these and title of your substitute must be the same as the official statements, Forms W-8 and W-9, and a letter explaining IRS form. All information required to be reported must be the tax consequences of the information shown on a numbered and titled on your substitute in substantially the recipient statement included in the envelope, you are not same manner as on the official IRS form. However, if you required to include the legend “Important Tax Return are reporting a payment as “Other income” in box 3 of Document Enclosed” on the envelope. Form 1099-MISC, you may substitute appropriate Substitute forms. You may furnish to the recipient explanatory language for the box title. For example, for Copy B of the official IRS form, or you may use substitute payments of accrued wages to a beneficiary of a Forms 1099-DIV, 1099-INT, 1099-OID, or 1099-PATR if deceased employee required to be reported on Form they contain the same language as the official IRS forms 1099-MISC, you might change the title of box 3 to and they comply with the rules in Pub. 1179 relating to “Beneficiary payments” or something similar. substitute Forms 1099. Applicable box titles and numbers Appropriate instructions to the recipient, similar to must be clearly identified, using the same wording and those on the official IRS form, must be provided to aid in numbering as the official IRS form. For information on the proper reporting of the items on the recipient's income substitute Forms 1099-MISC and 1099-NEC, see Other tax return. For payments reported on Form 1099-B, rather information, later. For Form 1099-S, see Real estate than furnish appropriate instructions with each Form transactions, later. 1099-B statement, you may furnish to the recipient one set All substitute statements to recipients must of instructions for all statements required to be furnished TIP contain the tax year, form number, and form name to a recipient in a calendar year. prominently displayed together in one area of the Except for royalties reported on Form 1099-MISC or statement. For example, they could be shown in the upper 1099-S, the statement mailing requirements explained right part of the statement. earlier do not apply to statements to recipients for information reported on the forms listed under Other If you are using substitutes, the IRS encourages you to information, earlier. You may combine the statements with use boxes so that the substitute has the appearance of a other reports or financial or commercial notices, or expand form. The substitute form must contain the same them to include other information of interest to the applicable instructions as on the front and back of Copy B recipient. Be sure that all copies of the forms are legible. (in the case of Form 1099-R, Copies B, C, and 2) of the See Pub. 1179 for certain “composite” statements that are official IRS form. See Pub. 1179 for additional permitted. requirements and certain “composite” statements that are When to furnish forms or statements. Generally, you permitted. must furnish Forms 1098, 1099, 3921, 3922, and W-2G Real estate transactions. You must furnish a statement information by January 31, 2025. Forms 1099-B, 1099-S, to the transferor containing the same information reported and 1099-MISC (if you are reporting payments in only to the IRS on Form 1099-S. You may use Copy B of the box 8 or 10) must be furnished by February 17, 2025. official IRS Form 1099-S or a substitute form that complies Also, this applies to statements furnished as part of a with Pub. 1179 and Regulations section 1.6045-4(m). You consolidated reporting statement. See T.D. 9504, 2010-47 may use a Settlement Statement (under the Real Estate I.R.B. 670, available at IRS.gov/irb/ Settlement Procedures Act (RESPA)) as the written 2010-47_IRB#TD-9504. However, you may issue them statement if it is conformed by including on the statement earlier in some situations, as provided by the regulations. the legend shown on Form 1099-S and by designating For example, you may furnish Form 1099-INT to the which information is reported to the IRS on Form 1099-S. recipient redeeming U.S. Savings Bonds at the time of You may furnish the statement to the transferor in person, redemption. Brokers and barter exchanges may furnish by mail, or electronically. Furnish the statement at or after Form 1099-B anytime but not later than February 17, closing but by February 15 of the following year. 2025. The statement mailing requirements explained earlier Form 1099-SB must generally be furnished by February do not apply to statements to transferors for proceeds 17, 2025. However, if notice of a transfer to a foreign from real estate transactions reported on Form 1099-S. person is not received until after January 31, 2025, the However, the statement mailing requirements do apply to due date is 30 days after the date notice is received. See statements to transferors for timber royalties reportable Regulations section 1.6050Y-3(d)(2). Form 1099-LS must under section 6050N on Form 1099-S. be furnished to reportable policy sale payment recipients by February 17, 2025. See Regulations section Other information. Statements to recipients for Forms 1.6050Y-2(d)(1)(ii). Form 1099-LS must be furnished to 1097-BTC, 1098, 1098-C, 1098-E, 1098-F, 1098-Q, issuers by January 15, 2025, at the latest, but must be 1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G, furnished by the later of 20 calendar days after the 1099-K, 1099-LS, 1099-LTC, 1099-MISC, 1099-NEC, reportable policy sale or 5 calendar days after the end of 1099-Q, 1099-QA, 1099-R, 1099-SA, 1099-SB, 3921, the applicable state law rescission period if the later date 3922, 5498, 5498-ESA, 5498-QA, 5498-SA, W-2G, 1099-DIV (only for section 404(k) dividends reportable 16 Gen. Instr. for Certain Info. Returns (2024) |
Page 17 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. occurs before January 15, 2025. See Regulations section 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G, 1.6050Y-2(d)(2)(ii). 1099-H, 1099-INT, 1099-K, 1099-LS, 1099-LTC, Furnish Form 1097-BTC to the recipient for each month 1099-MISC, 1099-NEC, 1099-OID, 1099-PATR, 1099-Q, in which a tax credit amount is allowable to the recipient 1099-QA, 1099-R, 1099-S, 1099-SA, 1099-SB, 3921, on or before the 15th day of the 2nd calendar month after 3922, 5498, 5498-ESA, 5498-QA, and 5498-SA. It also the close of the calendar month in which the credit is includes Form W-2G (except for horse and dog racing, jai allowed. For more information, see the Instructions for alai, sweepstakes, wagering pools, and lotteries). Form 1097-BTC. Until further guidance is issued to the contrary, Donee organizations required to issue Form 1098-C ! Form 1098-C may not be furnished electronically. must furnish the acknowledgment to a donor within 30 CAUTION days of the sale of the vehicle (if it is sold without material If you meet the requirements that follow, you are treated improvements or significant intervening use) or within 30 as furnishing the statement. days of the contribution. Consent. The recipient must consent in the affirmative Trustees or issuers of IRAs must furnish Form 5498 to and not have withdrawn the consent before the statement participants with a statement of the value of the is furnished. The consent by the recipient must be made participant's account, and required minimum distribution electronically in a way that shows that she or he can (RMD) and information on hard to value assets, if access the statement in the electronic format in which it applicable, by January 31, 2025. will be furnished. Trustees of a SIMPLE IRA must furnish a statement of You must notify the recipient of any hardware or the account activity by January 31, 2025. Contribution software changes prior to furnishing the statement. A new information for all other types of IRAs must be furnished to consent to receive the statement electronically is required the participant by June 2, 2025. after the new hardware or software is put into service. Trustees and middlemen of a WHFIT must furnish the Prior to furnishing the statements electronically, you required statement by March 17, 2025. must provide the recipient a statement with the following For real estate transactions, you may furnish Form statements prominently displayed. 1099-S to the transferor at closing or by mail on or before • If the recipient does not consent to receive the February 17, 2025. statement electronically, a paper copy will be provided. Filers of Forms 5498 or 5498-SA who furnish a • The scope and duration of the consent. For example, whether the consent applies to every year the statement is statement of FMV of the account (and any other required furnished or only for the statement for a particular year, as information) to the participant by January 31, 2025, with applicable, immediately following the date of the consent. no reportable contributions, including rollovers, made in 2024, need not furnish another statement by June 2, • How to obtain a paper copy after giving consent. 2025, to the participant to report zero contributions. If • How to withdraw the consent. The consent may be withdrawn at any time by furnishing the withdrawal in another statement is not furnished to the participant, the writing (electronically or on paper) to the person whose statement of the FMV of the account must contain a name appears on the statement. Also, confirmation of the legend designating which information is being filed with withdrawal will be in writing (electronically or on paper). the IRS. • Notice of termination. The notice must state under what Form 5498-ESA must be furnished to the beneficiary by conditions the statements will no longer be furnished to April 30, 2025. the recipient. Form 5498-QA must be furnished to the beneficiary by • Procedures to update the recipient's information. March 17, 2025. • A description of the hardware and software required to See the Guide to Information Returns, later, for the date access, print, and retain a statement, and a date the other information returns are due to the recipient. statement will no longer be available on the website. Format, posting, and notification. Additionally, you If the statement is properly addressed and mailed, or, must do the following. with respect to electronic recipient statements, posted to a website, on or before the due date, it will be deemed • Ensure the electronic format contains all the required information and complies with the applicable revenue timely furnished. If the regular due date falls on a procedure for substitute statements to recipients in Pub. Saturday, Sunday, or legal holiday in the District of 1179. Columbia or where the return is to be filed, furnish by the next business day. A business day is any day that is not a • Post, on or before the due date, the applicable statement on a website accessible to the recipient through Saturday, Sunday, or legal holiday in the District of October 15 of that year. Columbia or where the return is to be filed. See section 11 of Pub. 15 for a list of legal holidays. • Inform the recipient, electronically or by mail, of the posting and how to access and print the statement. Electronic recipient statements. If you are required to For information regarding the electronic furnishing of furnish a written statement (Copy B or an acceptable Forms W-2, which the IRS generally applies to the forms substitute) to a recipient, then you may generally furnish addressed by these instructions, see Regulations section the statement electronically instead of on paper, but only if 31.6051-1. you meet the requirements discussed later in this section. This includes furnishing the statement to recipients of For additional specific instructions on the electronic Forms 1097-BTC, 1098, 1098-E, 1098-F, 1098-Q, 1098-T, furnishing of: Gen. Instr. for Certain Info. Returns (2024) 17 |
Page 18 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Forms 1098-E and 1098-T, see Regulations section 5. For interest and dividend accounts opened or 1.6050S-2; instruments acquired after 1983, the payee fails to certify • Forms 1099-R, 1099-SA, 1099-Q, 5498, 5498-ESA, to you, under penalties of perjury, that he or she is not and 5498-SA, see Notice 2004-10, 2004-6 I.R.B. 433, subject to backup withholding—see 4. Payee failure to available at IRS.gov/irb/2004-06_IRB#NOT-2004-10; certify that he or she is not subject to backup withholding • Forms 3921 and 3922, see the form instructions; under When to apply backup withholding, later; or • Form 1099-K, see Regulations section 1.6050W-2(a)(2) 6. The payment is also a withholdable payment under (i); and chapter 4 (sections 1471–1474) that is made to a • Forms 1099-QA and 5498-QA, see Regulations section recalcitrant account holder that is a U.S. nonexempt 1.529A-7, available at IRS.gov/irb/ recipient, and you are a PFFI (including a Reporting Model 2020-50_IRB#TD-9923. 2 FFI) that elects to withhold under section 3406 to satisfy Extension of time to furnish statements to recipients. your withholding obligation under Regulations section Do not submit an extension request by mail. 1.1471-4(b)(1). See Regulations section 1.1471-4(b)(3) (iii). You may request an extension of time to furnish the statements to recipients by faxing a letter to: If you do not collect and pay over backup withholding from affected payees as required, you Internal Revenue Service Technical Services CAUTION! may become liable for any uncollected amount. Operation Attn: Extension of Time Coordinator Some payees are exempt from backup withholding. For Fax: 877-477-0572 (International Fax: 304-579-4105) a list of exempt payees and other information, see Form W-9 and the separate Instructions for the Requester of The letter must include (a) payer name, (b) payer TIN, Form W-9. (c) payer address, (d) type of return (Form 1042-S, Form W-2, specific 1099 family form), (e) a statement that your Examples of payments to which backup withholding extension request is for providing statements to recipients, does not apply include but are not limited to the following. (f) reason for delay, and (g) the signature of the payer or • Wages. authorized agent. • Distributions from a pension, an annuity, a profit-sharing or stock bonus plan, any IRA, an owner-employee plan, or Your request must be received no later than the date on other deferred compensation plan. which the statements are due to the recipients. If your • Distributions from a medical or health savings account request for an extension is approved, generally you will be (HSA) and long-term care benefits. granted a maximum of 30 extra days to furnish the • Certain surrenders of life insurance contracts. recipient statements. • Distributions from qualified tuition programs (QTPs) or Coverdell education savings accounts (ESAs). N. Backup Withholding • Gambling winnings if regular gambling winnings Interest (including tax-exempt interest and exempt-interest withholding is required under section 3402(q). However, if dividends), dividends, rents, royalties, commissions, regular gambling winnings withholding is not required nonemployee compensation, and certain other payments under section 3402(q), backup withholding applies if the (including broker and barter exchange transactions, payee fails to furnish a TIN. compensation paid to an H-2A visa holder who did not • Real estate transactions reportable under section furnish a TIN, reportable gross proceeds paid to attorneys, 6045(e). gambling winnings, payment card and third party network • Canceled debts reportable under section 6050P. transactions, and certain payments made by fishing boat • Fish purchases for cash reportable under section operators) may be subject to backup withholding at a 24% 6050R. rate. To be subject to backup withholding, a payment must • Reportable payments that are withholdable payments be a reportable interest (including tax-exempt interest and made to a recalcitrant account holder that is a U.S. exempt-interest dividends) or dividend payment under nonexempt recipient from which you have withheld under section 6049(a), 6042(a), or 6044 (if the patronage chapter 4. See Regulations section 1.1474-6(f). dividend is paid in money or qualified check), or an “other” When to apply backup withholding. Generally, the reportable payment under section 6041, 6041A(a), 6045, period for which the 24% should be withheld is as follows. 6050A, 6050N, or 6050W. If the payment is one of these 1. Failure to furnish TIN in the manner required. reportable payments, backup withholding will apply if: Withhold on payments made until the TIN is furnished in 1. The payee fails to furnish his or her TIN to you; the manner required. Special backup withholding rules 2. For interest, dividend, and broker and barter may apply if the payee has applied for a TIN. The payee exchange accounts opened or instruments acquired after may certify to this on Form W-9 by noting “Applied For” in 1983, the payee fails to certify, under penalties of perjury, the TIN block and by signing the form. This form then that the TIN provided is correct; becomes an “awaiting-TIN” certificate, and the payee has 3. The IRS notifies you to impose backup withholding 60 days to obtain a TIN and furnish it to you. If you do not because the payee furnished an incorrect TIN; receive a TIN from the payee within 60 days and you have not already begun backup withholding, begin backup 4. For interest and dividend accounts or instruments, withholding and continue until the TIN is provided. you are notified that the payee is subject to backup withholding (under section 3406(a)(1)(C)); or 18 Gen. Instr. for Certain Info. Returns (2024) |
Page 19 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The 60-day exemption from backup withholding the payment is less than the amount for which an ! applies only to interest and dividend payments information return is normally required. CAUTION and certain payments made with respect to readily The EIN of the filer of the forms listed above must tradable instruments. Therefore, any other payment, such be the EIN of the filer of Form 945. as nonemployee compensation, is subject to backup CAUTION! withholding even if the payee has applied for and is awaiting a TIN. For information about whether backup Form 945. Report backup withholding, voluntary withholding applies during the 60-day period, see withholding on certain government payments, and Regulations section 31.3406(g)-3. withholding from gambling winnings, pensions, annuities, IRAs, military retirement, and Indian gaming profits on 2. Notice from the IRS that payee's TIN is incorrect. Form 945. Generally, file Form 945 for 2024 by January You may choose to withhold on any reportable payment 31, 2025. For more information, including the deposit made to the account(s) subject to backup withholding requirements for Form 945, see the separate Instructions after receipt of an incorrect TIN notice from the IRS, but for Form 945, and Pub. 15. you must withhold on any reportable payment made to the Do not report on Form 945 any income tax withholding account more than 30 business days after you received reported on the following forms. the notice. Stop withholding within 30 days after you • Form W-2, including withholding on distributions to plan receive a certified Form W-9 (or other form that requires participants from nonqualified plans that must be reported the payee to certify the payee’s TIN). on Form 941, and may be reported on Form 943, Form The IRS will furnish a notice to you that informs 944, or Schedule H (Form 1040). TIP you that you have filed an information return • Form 1042-S withholding must be reported on Form reporting on an incorrect name/TIN combination. 1042. You are then required to promptly furnish a “B” notice, or Pub. 515 has more information on Form 1042 an acceptable substitute, to the payee. For further TIP reporting, partnership withholding on effectively information, see Regulations section 31.3406(d)-5 and connected income, and dispositions of U.S. real Pub. 1281, Backup Withholding for Missing and Incorrect property interests by a foreign person. Name/TIN(s). Additional information. For more information about If you receive two incorrect TIN notices within 3 years for backup withholding, see Pub. 1281. the same account, follow the procedures in Regulations section 31.3406(d)-5(g) and Pub. 1281. O. Penalties 3. Notice from the IRS that payee is subject to The following penalties generally apply to the person backup withholding due to notified payee required to file information returns. The penalties apply to underreporting. You may choose to withhold on any paper filers as well as to electronic filers. reportable payment made to the account(s) subject to backup withholding after receipt of the notice, but you For information on the penalty for failure to e-file, must withhold on any reportable payment made to the TIP see Penalty, earlier, in part F. 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 Failure To File Correct Information Returns by certification from the IRS stating when the withholding the Due Date (Section 6721) should stop. In most cases, the stop date will be January 1 If you fail to file a correct information return by the due of the year following the year of the stop notice. date and you cannot show reasonable cause, you may be You must notify the payee when withholding under subject to a penalty. The penalty applies: TIP this procedure starts. For further information, see • If you fail to file timely, Regulations section 31.3406(c)-1(d). • If you fail to include all information required to be shown on a return, or 4. Payee failure to certify that he or she is not • If you include incorrect information on a return. subject to backup withholding. Withhold on reportable interest and dividends until the certification has been The penalty also applies: received. • If you file on paper when you were required to e-file, For exceptions to these general timing rules, see • If you report an incorrect TIN, section 3406(e). • If you fail to report a TIN, or • If you fail to file paper forms that are machine readable For special rules on backup withholding on and applicable revenue procedures provide for a TIP gambling winnings, see the separate Instructions machine-readable paper form. for Forms W-2G and 5754. The amount of the penalty is based on when you file Reporting backup withholding. Report backup the correct information return. The penalty is as follows. withholding on Form 945, Annual Return of Withheld • $60 per information return if you correctly file within 30 Federal Income Tax. Also, report backup withholding and days (by March 30 if the due date is February 28); the amount of the payment on Forms W-2G, 1099-B, maximum penalty $664,500 per year ($232,500 for small 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC, businesses, defined below). 1099-NEC, 1099-OID, or 1099-PATR even if the amount of Gen. Instr. for Certain Info. Returns (2024) 19 |
Page 20 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • $130 per information return if you correctly file more requirements, the penalty is at least $660 per information than 30 days after the due date but by August 1; maximum return with no maximum penalty. penalty $1,993,500 per year ($664,500 for small businesses). Failure To Furnish Correct Payee Statements • $330 per information return if you file after August 1 or (Section 6722) you do not file required information returns; maximum If you fail to provide correct payee statements and you penalty $3,987,000 per year ($1,329,000 for small cannot show reasonable cause, you may be subject to a businesses). penalty. The penalty applies if you fail to provide the If you do not file corrections and you do not meet statement by the due date (January 31 for most returns; see the Guide to Information Returns, later), you fail to CAUTION later, the penalty is $330 per information return. ! any of the exceptions to the penalty described include all information required to be shown on the statement, or you include incorrect information on the Small businesses—lower maximum penalties. You statement. “Payee statement” has the same meaning as are a small business if your average annual gross receipts “statement to recipient” as used in part M. for the 3 most recent tax years (or for the period you were The amount of the penalty is based on when you in existence, if shorter) ending before the calendar year in furnish the correct payee statement. It is a separate which the information returns were due are $5 million or penalty, and is applied in the same manner as the penalty less. for failure to file correct information returns by the due date Exceptions to the penalty. The following are exceptions (section 6721), described earlier. to the failure-to-file penalty. Exception. An inconsequential error or omission is not 1. The penalty will not apply to any failure that you can considered a failure to include correct information. An show was due to reasonable cause and not to willful inconsequential error or omission cannot reasonably be neglect. In general, you must be able to show that your expected to prevent or hinder the payee from timely failure was due to an event beyond your control or due to receiving correct information and reporting it on his or her significant mitigating factors. You must also be able to income tax return or from otherwise putting the statement show that you acted in a responsible manner and took to its intended use. Errors and omissions that are never steps to avoid the failure. inconsequential are those relating to (a) a dollar amount, 2. An inconsequential error or omission is not except as provided, later, with respect to the safe harbor considered a failure to include correct information. An for de minimis dollar amount errors; (b) a significant item inconsequential error or omission does not prevent or in a payee's address; (c) the appropriate form for the hinder the IRS from processing the return, from correlating information provided (that is, whether the form is an the information required to be shown on the return with the acceptable substitute for the official IRS form); and (d) information shown on the payee's tax return, or from whether the statement was furnished in person or by otherwise putting the return to its intended use. Errors and “statement mailing,” when required. omissions that are never inconsequential are those related Intentional disregard of payee statement require- to (a) a TIN, (b) a payee's surname, and (c) any money ments. If any failure to provide a correct payee statement amount except as provided, later, with respect to the safe is due to intentional disregard of the requirements to harbor for de minimis dollar amount errors. furnish a correct payee statement, the penalty is at least 3. De minimis rule for corrections. Even though you $660 per payee statement with no maximum penalty. cannot show reasonable cause, the penalty for failure to No penalty will be imposed on an educational file correct information returns will not apply to a certain ! institution that fails to provide the TIN of a student number of returns if you: CAUTION on Form 1098-T if the institution certifies under a. Filed those information returns timely, penalty of perjury that it complied with the rules for b. Either failed to include all the information required obtaining the student’s TIN. See the current Instructions on a return or included incorrect information, and for Forms 1098-E and 1098-T for additional information. c. Filed corrections by August 1. Safe Harbor for De Minimis Dollar Amount If you meet all the conditions in (a), (b), and (c) above, Errors on Information Returns and Payee the penalty for filing incorrect returns will not apply to the greater of 10 information returns or / of 1% (0.005) of the 1 2 Statements Under Sections 6721 and 6722 total number of information returns you are required to file If one or more dollar amounts are incorrect on an for the calendar year. information return filed with the IRS or on a payee 4. Safe harbor for de minimis dollar amount errors. statement furnished to a recipient, no correction of the See Safe Harbor for De Minimis Dollar Amount Errors on dollar amount shall be required, and the return shall be Information Returns and Payee Statements Under treated as having been filed or the payee statement Sections 6721 and 6722, later. furnished as correct if: • The difference between the dollar amount reported on Intentional disregard of filing requirements. If any the filed return or furnished payee statement and the failure to file a correct information return is due to correct amount is no more than $100, and intentional disregard of the filing or correct information • The difference between the dollar amount reported for tax withheld on the filed return or furnished payee statement and the correct amount is no more than $25. 20 Gen. Instr. for Certain Info. Returns (2024) |
Page 21 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. This safe harbor provision shall not apply if a recipient • Substitute payments in lieu of dividends and tax-exempt to whom a statement is required to be furnished elects to interest (Form 1099-MISC). receive a corrected statement. In that case, a corrected • Acquisitions or abandonments of secured property return must be filed with the IRS and a corrected payee (Form 1099-A). statement furnished to the recipient. • Cancellation of debt (Form 1099-C). For more information on safe harbor for de minimis • Payments of attorneys' fees and gross proceeds paid to dollar amount errors on information returns and payee attorneys (Form 1099-NEC, Form 1099-MISC). statements, see sections 6721(c)(3) and 6722(c)(3), as • Fish purchases for cash (Form 1099-MISC). modified by T.D. 9984. • Credits and interest for qualified tax credit bonds reported on Forms 1097-BTC and 1099-INT. Forms 1099-B (QOF Reporting Only), 1099-Q, • Payment card and third party network transactions 1099-QA, 1099-SA, 5498, 5498-ESA, 5498-QA, (Form 1099-K). and 5498-SA (Section 6693) • Federal executive agency payments for services (Form 1099-MISC). For additional reporting requirements, see The penalties under sections 6721 and 6722 do not apply Rev. Rul. 2003-66 on page 1115 of Internal Revenue to: Bulletin 2003-26 at IRS.gov/pub/irs-irbs/irb03-26.pdf. • Payments made in a reportable policy sale (Form Forms Filed Under Code Section 1099-LS). In addition, the following information returns are Forms 1099-B (QOF reporting 1400Z-2 furnished to corporations, although the information returns only) do not report payments: Form 1099-SB, Seller’s 1099-SA and 5498-SA 220(h) and 223(h) Investment in Life Insurance Contract; and Form 1098-F, 5498 408(i) and 408(l) Fines, Penalties, and Other Amounts. 1099-Q 529(d) and 530(h) Reporting is generally required for all payments to 1099-QA and 5498-QA 529A partnerships. For example, payments of $600 or more made in the course of your trade or business to an 5498-ESA 530(h) architectural firm that is a partnership are reportable on Form 1099-MISC. The penalty for failure to timely file Forms 1099-SA, 5498-SA, 5498, 1099-Q, 1099-QA, 5498-QA, or Q. Earnings on Any IRA, Coverdell 5498-ESA is $50 per return with no maximum, unless the ESA, ABLE Account, Archer MSA, or failure is due to reasonable cause. See section 6693. HSA Fraudulent Acknowledgments With Respect to Generally, income earned in any IRA, Coverdell ESA, Donations of Motor Vehicles, Boats, and ABLE account, Archer MSA, or HSA, such as interest or Airplanes (Section 6720) dividends, is not reported on Forms 1099. However, If you are required under section 170(f)(12)(A) to furnish a distributions from such arrangements or accounts must be contemporaneous written acknowledgment to a donor reported on Form 1099-R, 1099-Q, 1099-QA, or 1099-SA. and you knowingly furnish a false or fraudulent Form 1098-C, or knowingly fail to furnish a Form 1098-C within R. Certain Grantor Trusts the applicable 30-day period, you may be subject to a Certain grantor trusts (other than WHFITs) may choose to penalty. See the current Instructions for Form 1098-C for file Forms 1099 rather than a separate statement attached more detailed information. to Form 1041, U.S. Income Tax Return for Estates and Trusts. If you have filed Form 1041 for a grantor trust in the Civil Damages for Fraudulent Filing of past and you want to choose the Form 1099 filing method Information Returns (Section 7434) for 2024, you must have filed a final Form 1041 for 2023. If you willfully file a fraudulent information return for To change reporting method, see Regulations section payments you claim you made to another person, that 1.671-4(g) and the Instructions for Form 1041 and person may be able to sue you for damages. You may Schedules A, B, G, J, and K-1. have to pay $5,000 or more. For more information on WHFITs, see Widely held fixed investment trusts (WHFITs), earlier. P. Payments to Corporations and Partnerships S. Special Rules for Reporting Generally, payments to corporations are not reportable. Payments Made Through Foreign See, for example, Regulations section 1.6049-4(c)(1)(ii). However, you must report payments to corporations for Intermediaries and Foreign the following. Flow-Through Entities on Form 1099 • Medical and health care payments (Form 1099-MISC). • Withheld federal income tax or foreign tax. If you are the payer and have received a Form W-8IMY • Barter exchange transactions (Form 1099-B). from a foreign intermediary or flow-through entity, follow • Broker and barter transactions for an S corporation the instructions for completing Form 1099, later. (Form 1099-B). Gen. Instr. for Certain Info. Returns (2024) 21 |
Page 22 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Definitions current basis, take into account separately their shares of an item of income paid to the entity, whether or not Foreign intermediary (FI). An FI is any person who is distributed, and must determine the character of the items not a U.S. person and acts as a custodian, broker, of income as if they were realized directly from the nominee, or otherwise as an agent for another person, sources from which they were realized by the entity. For regardless of whether that other person is the beneficial example, partnerships, common trust funds, and simple owner of the amount paid, a flow-through entity, or another trusts or grantor trusts are generally considered to be intermediary. The intermediary can be a qualified fiscally transparent with respect to items of income intermediary or a nonqualified intermediary. received by them. Qualified intermediary (QI). A QI is a person that is a party to a withholding agreement with the IRS (described Presumption Rules in Regulations section 1.1441-1(e)(5)(iii)) and is: • An FFI (other than a U.S. branch of an FFI) that is a For additional information including details on the participating FFI (including a Reporting Model 2 FFI), an TIP presumption rules, see the Instructions for the RDC FFI (including an FFI treated as a deemed-compliant Requester of Forms W-8BEN, W-8BEN-E, FFI under an applicable IGA subject to due diligence and W-8ECI, W-8EXP, and W-8IMY; and Pub. 515. To order, reporting requirements similar to those applicable to an see How To Get Forms, Publications, and Other RDC FFI under Regulations section 1.1471-5(f)(1), Assistance under part T. including the requirement to register with the IRS), or any If you are the payer and do not have a Form W-9, other category of FFI identified in the QI agreement; appropriate Form W-8, or other valid documentation, or • A foreign person that has a home office or has a branch you cannot allocate a payment to a specific payee, prior to that is an eligible entity (as described in Regulations payment, you are required to use certain presumption section 1.1441-1(e)(6)(ii), without regard to the rules to determine the following. requirement that the person be a QI); • The status of the payee as a U.S. or foreign person. • A foreign branch or office of a U.S. financial institution • The classification of the payee as an individual, trust, or a foreign branch or office of a U.S. clearing estate, corporation, or partnership. organization; or • A foreign entity not described above that the IRS See Regulations sections 1.1441-1(b)(3), 1.1441-5(d) accepts as a QI. and (e), 1.6045-1(g)(3)(ii), and 1.6049-5(d). For details on QI agreements, see Rev. Proc. 2017-15, Under these presumption rules, if you must presume 2017-03 I.R.B. 437, available at IRS.gov/irb/ that the payee is a U.S. nonexempt recipient subject to 2017-03_IRB#RP-2017-15. backup withholding, you must report the payment on a Nonqualified intermediary (NQI). An NQI is any Form 1099. However, if before filing Form 1099 with the intermediary that is not a U.S. person and that is not a QI. IRS the recipient is documented as foreign, then report the payment on a Form 1042-S. Foreign flow-through entity (FTE). An FTE is a foreign partnership (other than a withholding foreign partnership), Conversely, if you must presume that the payee is a a foreign simple trust or foreign grantor trust (other than a foreign recipient and prior to filing Form 1042-S with the withholding foreign trust), or, for payments for which a IRS you discover that the payee is a U.S. nonexempt reduced rate of withholding is claimed under an income recipient based on documentation, then report all tax treaty, any entity to the extent the entity is considered payments made to that payee during the calendar year on to be fiscally transparent under section 894 with respect to a Form 1099. the payment by an interest holder's jurisdiction. Withholding foreign partnership or withholding If you use the 90-day grace period rule to presume a foreign trust. A withholding foreign partnership or payee is foreign, you must file a Form 1042-S to report all withholding foreign trust is a foreign partnership or a payments subject to withholding during the grace period. foreign simple or grantor trust that has entered into a If, after the grace period expires, you discover that the withholding agreement with the IRS in which it agrees to payee is a U.S. nonexempt recipient subject to backup assume primary withholding responsibility for all payments withholding, you must file a Form 1099 for all payments that are made to it for its partners, beneficiaries, or made to that payee after the expiration of the grace owners. See Rev. Proc. 2017-21, 2017-6 I.R.B. 791, period. available at IRS.gov/irb/2017-06_IRB#RP-2017-21, for Rules for Payments Made to U.S. Nonexempt procedures for entering into a withholding foreign partnership or trust agreement. Recipients Through a QI, NQI, or FTE Nonwithholding foreign partnership, simple trust, If you are the payer making a payment through a QI, NQI, or grantor trust. A nonwithholding foreign partnership is or FTE for a U.S. nonexempt recipient on whose behalf the any foreign partnership other than a withholding foreign QI, NQI, or FTE is acting, use the following rules to partnership. A nonwithholding foreign simple trust is any complete Form 1099. foreign simple trust that is not a withholding foreign trust. A Known recipient. If you know that a payee is a U.S. nonwithholding foreign grantor trust is any foreign grantor nonexempt recipient and have the payee's name, address, trust that is not a withholding foreign trust. and TIN (if a TIN has been provided), you must complete Fiscally transparent entity. An entity is treated as the Form 1099 with that information unless you are not fiscally transparent with respect to an item of income to required to report the payment under Regulations section the extent that the interest holders in the entity must, on a 1.6049-4(c)(4) (applicable only to certain payments to 22 Gen. Instr. for Certain Info. Returns (2024) |
Page 23 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. specified FFIs). Also, on the second name line below the 3. An NQI or QI that provides another payer all the recipient's name, enter “IMY” followed by the name of the information sufficient for that payer to complete Form 1099 QI, NQI, or FTE. reporting. For example, see Regulations section 1.6049-5(b)(14). However, if an NQI or QI does not For payments made to multiple recipients (a) enter the provide sufficient information for another payer to report a name of the recipient whose status you relied on to payment on Form 1099, the intermediary must report the determine the applicable rate of withholding; and (b) on payment. the second name line, enter “IMY” followed by the name of the QI, NQI, or FTE. However, if the QI has assumed 4. A payment made by certain FFIs for which an primary Form 1099 reporting or backup withholding exception to reporting applies under Regulations section responsibility, you are not required to issue the Form 1099 1.6049-4(c)(4). or to backup withhold. See Qualified intermediary (QI), earlier. Rules for Reporting Payments Initially Reported on Form 1042-S Unknown recipient. If you cannot reliably associate a If an NQI or QI receives a Form 1042-S made out to an payment with valid documentation and are required to “unknown recipient” and the NQI or QI has actual presume a payee is a U.S. nonexempt recipient, do the knowledge that the payee of the income is a U.S. following. nonexempt recipient, it must file a Form 1099 even if the 1. File a Form 1099 and enter “unknown recipient” on payment has been subject to withholding by another the first name line. payer. The NQI or QI reports the amount withheld by the 2. On the second name line, enter “IMY” followed by other payer on Form 1099 as federal income tax withheld. the name of the NQI or FTE. 3. Enter the EIN of the NQI or FTE, if applicable, in the T. How To Get Tax Help recipient's TIN box. 4. Furnish a copy of the Form 1099 with “unknown Information Reporting Program Customer recipient” to the NQI or FTE who is acting on the Service Section recipient's behalf. For answers to your questions about reporting on Forms A payer that is required to report payments made 1096, 1097, 1098, 1099, 3921, 3922, 5498, W-2, W-2G, and W-3, call the Technical Services Operation (TSO) toll ! to a U.S. nonexempt recipient account holder but free at 866-455-7438 or 304-263-8700 (not toll free). Deaf CAUTION does not receive the necessary allocation information cannot report those payments on a pro rata or hard of hearing customers may call any of our toll-free basis. Report unallocated payments using the numbers using their choice of relay service. presumption rules described above. Other tax-related matters. For other tax information related to business returns or accounts, call Rules for Non-U.S. Payers 800-829-4933. Non-U.S. payers (foreign persons that are not U.S. payers) Deaf or hard of hearing customers may call any of our generally have the same reporting obligations as U.S. toll-free numbers using their choice of relay service. payers. A U.S. payer is anyone who is: • A U.S. person; Internal Revenue Bulletin (IRB) • Any U.S. governmental agency; The IRB, published weekly, contains newly issued • A controlled foreign corporation (CFC); regulations, notices, announcements, legislation, court • A foreign partnership that has one or more U.S. decisions, and other items of general interest. You may partners who, in the aggregate, hold more than 50% of the find this publication useful to keep you up to date with gross income derived from the conduct of a U.S. trade or current developments. See How To Get Forms, business; Publications, and Other Assistance, later. • A foreign person who owns 50% or more of the gross income that is effectively connected with a U.S. trade or The Taxpayer Advocate Service (TAS) Is Here To business; or Help You • A U.S. branch or territory financial institution described in Regulations section 1.1441-1(b)(2)(iv) that is treated as What Is TAS? a U.S. person. For more information, see Regulations section TAS is an independent organization within the IRS that 1.6049-5(c)(5). helps taxpayers and protects taxpayer rights. Their job is to ensure that every taxpayer is treated fairly and that you Exceptions. The following payments are not subject to know and understand your rights under the Taxpayer Bill reporting by a non-U.S. payer. of Rights. 1. A foreign source payment paid and received outside the United States. For example, see Regulations section How Can You Learn About Your Taxpayer Rights? 1.6049-4(f)(16). 2. Gross proceeds from a sale effected outside the The Taxpayer Bill of Rights describes 10 basic rights that United States. See Regulations section 1.6045-1(a). all taxpayers have when dealing with the IRS. Go to TaxpayerAdvocate.IRS.gov to help you understand what Gen. Instr. for Certain Info. Returns (2024) 23 |
Page 24 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. these rights mean to you and how they apply. These are be filled out online and Copy A can be printed and filed your rights. Know them. Use them. with the IRS using Form 1096. Mail. You can send your order for forms, What Can TAS Do for You? instructions, and publications to the address below. You should receive a response within 10 TAS can help you resolve problems that you can't resolve business days after your request is received. with the IRS. And their service is free. If you qualify for their assistance, you will be assigned to one advocate Internal Revenue Service who will work with you throughout the process and will do 1201 N. Mitsubishi Motorway everything possible to resolve your issue. TAS can help Bloomington, IL 61705-6613 you if: • Your problem is causing financial difficulties for you, your family, or your business; Online. Go to IRS.gov 24 hours a day, 7 days a • You face (or your business is facing) an immediate week to do the following. threat of adverse action; or • You've tried repeatedly to contact the IRS but no one • Access commercial tax preparation and e-file services. has responded, or the IRS hasn't responded by the date • Research your tax questions online. promised. • Search publications online by topic or keyword. • Use the online Internal Revenue Code, regulations, or How Can You Reach TAS? other official guidance. • View IRBs published in the last few years. TAS has offices in every state, the District of Columbia, • Sign up to receive local and national tax news by email. and Puerto Rico. Your local advocate's number is in your local directory and at TaxpayerAdvocate.IRS.gov/Contact- Comments and Suggestions Us. You can also call them at 877-777-4778. We welcome your comments about this publication and your suggestions for future editions. How Else Does TAS Help Taxpayers? You can send your comments through IRS.gov/ FormComments. TAS works to resolve large-scale problems that affect many taxpayers. If you know of one of these broad issues, Or you can write to the Internal Revenue Service, Tax report it to them at IRS.gov/SAMS. Be sure to not include Forms and Publications, 1111 Constitution Ave. NW, any personal taxpayer information. IR-6526, Washington, DC 20224. Although we can’t respond individually to each TAS for Tax Professionals comment received, we do appreciate your feedback and will consider your comments and suggestions as we TAS can provide a variety of information for tax revise our tax forms, instructions, and publications. Don’t professionals, including tax law updates and guidance, send tax questions, tax returns, or payments to the above TAS programs, and ways to let TAS know about systemic address. problems you've seen in your practice. How To Get Forms, Publications, and Other Privacy Act and Paperwork Reduction Assistance Act Notice Getting tax forms, instructions, and publications. Go We ask for the information on these forms to carry out the to IRS.gov/Forms to download current and prior-year Internal Revenue laws of the United States. You are forms, instructions, and publications. required to give us the information. We need it to figure Go to IRS.gov/OrderForms to order current forms, and collect the right amount of tax. instructions, and publications; call 800-829-3676 to order Sections 170(f)(12), 199, 220(h), 223, 408, 408A, 529, prior-year forms and instructions. The IRS will process 529A, 530, 853A, 6039, 6041, 6041A, 6042, 6043, 6044, your order for forms and publications as soon as possible. 6045, 6047, 6049, 6050A, 6050B, 6050D, 6050E, 6050H, Don’t resubmit requests you’ve already sent us. You can 6050J, 6050N, 6050P, 6050Q, 6050R, 6050S, 6050T, get some forms and publications faster online. 6050U, 6050W, 6050X, 6050Y, and their regulations Because the IRS processes paper forms by require you to file an information return with the IRS and furnish a statement to recipients. Section 6109 and its CAUTION equipment), you cannot file Form 1096 or Copy A ! machine (optical character recognition regulations require you to provide your TIN on what you of Forms 1097, 1098, 1099, 3921, 3922, or 5498 that you file. print from the IRS website. However, you can use Copy B Routine uses of this information include giving it to the from those sources to provide recipient statements. Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. Exception. Forms 1097-BTC, 1098-C, 1098-MA, commonwealths and territories for use in administering 1099-CAP, 1099-H, 1099-LTC, 1099-Q, 1099-QA, their tax laws. We may also disclose this information to 1099-SA, 3922, 5498-ESA, 5498-QA, and 5498-SA can other countries under a tax treaty, to federal and state 24 Gen. Instr. for Certain Info. Returns (2024) |
Page 25 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. agencies to enforce federal nontax criminal laws, or to Burden estimates are based upon current statutory federal law enforcement and intelligence agencies to requirements as of October 2023. Estimates of burden do combat terrorism. If you fail to provide this information in a not reflect any future legislative changes that may affect timely manner, or provide false or fraudulent information, the 2024 tax year. Any changes to burden estimates will you may be subject to penalties. be included in the IRS’s annual Paperwork Reduction Act You are not required to provide the information submission to the Office of Management and Budget requested on a form that is subject to the Paperwork (OMB) and will be made publicly available on RegInfo.gov. Reduction Act unless the form displays a valid OMB If you have comments concerning the accuracy of these control number. Books or records relating to a form or its time estimates, we would be happy to hear from you. You instructions must be retained as long as their contents can send your comments from IRS.gov/FormComments. may become material in the administration of any Internal Or you can write to the Internal Revenue Service, Tax Revenue law. Generally, tax returns and return information Forms and Publications, 1111 Constitution Ave. NW, are confidential, as required by section 6103. The time IR-6526, Washington, DC 20224. Do not send these needed to complete and file the following forms will vary forms to this address. Instead, see part D. depending on individual circumstances. The estimated average times are: 1096. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 minutes 1097-BTC* . . . . . . . . . . . . . . . . . . . . . . . . . 19 minutes 1098. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 minutes 1098-C* . . . . . . . . . . . . . . . . . . . . . . . . . . 18 minutes 1098-E . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 minutes 1098-F . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 minutes 1098-MA . . . . . . . . . . . . . . . . . . . . . . . . . 14 minutes 1098-Q . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 minutes 1098-T . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 minutes 1099-A . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 minutes 1099-B . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 minutes 1099-C . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 minutes 1099-CAP* . . . . . . . . . . . . . . . . . . . . . . . . . 11 minutes 1099-DIV . . . . . . . . . . . . . . . . . . . . . . . . . . 28 minutes 1099-G . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 minutes 1099-H . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 minutes 1099-INT . . . . . . . . . . . . . . . . . . . . . . . . . . 13 minutes 1099-K . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 minutes 1099-LS . . . . . . . . . . . . . . . . . . . . . . . . . . 7 minutes 1099-LTC. . . . . . . . . . . . . . . . . . . . . . . . . . 13 minutes 1099-MISC . . . . . . . . . . . . . . . . . . . . . . . . 18 minutes 1099-NEC . . . . . . . . . . . . . . . . . . . . . . . . . 14 minutes 1099-OID . . . . . . . . . . . . . . . . . . . . . . . . . 23 minutes 1099-PATR . . . . . . . . . . . . . . . . . . . . . . . . . 15 minutes 1099-Q . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 minutes 1099-QA . . . . . . . . . . . . . . . . . . . . . . . . . . 10 minutes 1099-R . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 minutes 1099-S . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 minutes 1099-SA . . . . . . . . . . . . . . . . . . . . . . . . . . 11 minutes 1099-SB . . . . . . . . . . . . . . . . . . . . . . . . . . 7 minutes 3921* . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 minutes 3922* . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 minutes 5498. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 minutes 5498-ESA . . . . . . . . . . . . . . . . . . . . . . . . . 7 minutes 5498-QA . . . . . . . . . . . . . . . . . . . . . . . . . . 11 minutes 5498-SA . . . . . . . . . . . . . . . . . . . . . . . . . . 10 minutes W-2G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 minutes * Privacy Act does not pertain to this form. Gen. Instr. for Certain Info. Returns (2024) 25 |
Page 26 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Guide to Information Returns If any date shown falls on a Saturday, Sunday, or legal holiday in the District of Columbia or where the return is to be filed, the due date is the next business day. Leap years do not impact the due date. See Announcement 91-179, 1991-49 I.R.B. 78, for more information. Due Date To Recipient Form Title What To Report Amounts To Report To IRS (unless indicated otherwise) 1042-S Foreign Person's U.S. Income such as interest, dividends, royalties, pensions and annuities, Source Income etc., and amounts withheld under chapter 3. Also, distributions of See form instructions March 15 March 15 Subject to Withholding effectively connected income by publicly traded partnerships or nominees. 1097-BTC Bond Tax Credit Tax credit bond credits to bondholders. On or before the 15th day of the 2nd calendar All amounts February 28* month after the close of the calendar month in which the credit is allowed 1098 Mortgage Interest Mortgage interest (including points) and certain mortgage insurance (To Payer/ Statement premiums you received in the course of your trade or business from $600 or more February 28* Borrower) individuals and reimbursements of overpaid interest. January 31 1098-C Contributions of Motor Information regarding a donated motor vehicle, boat, or airplane. (To Donor) Vehicles, Boats, and Gross proceeds of February 28* 30 days from date Airplanes more than $500 of sale or contribution 1098-E Student Loan Interest Student loan interest received in the course of your trade or business. $600 or more February 28* January 31 Statement 1098-F Fines, Penalties, and Statement furnished by a government or governmental entity regarding Other Amounts payments required by a court order or agreement with respect to a $50,000 or more N/A N/A violation or potential violation of law. 1098-MA Mortgage Assistance Assistance payments paid to homeowners from funds allocated from the Payments Housing Finance Agency Innovation Fund for the Hardest Hit Housing All amounts February 28 January 31 Markets (HFA Hardest Hit Fund) or the Emergency Homeowners' Loan Program. 1098-Q Qualifying Longevity Status of a contract that is intended to be a qualifying longevity annuity Annuity Contract contract (QLAC), defined in section A-17 of Regulations section 1.401(a) Information (9)-6, that is purchased or held under any plan, annuity, or account All amounts February 28 January 31 described in section 401(a), 403(a), 403(b), or 408 (other than a Roth IRA) or eligible governmental plan under section 457(b). 1098-T Tuition Statement Qualified tuition and related expenses, reimbursements or refunds, and See instructions February 28* January 31 scholarships or grants (optional). 1099-A Acquisition or Information about the acquisition or abandonment of property that is (To Borrower) Abandonment of security for a debt for which you are the lender. All amounts February 28* January 31 Secured Property 1099-B Proceeds From Sales or redemptions of securities, futures transactions, commodities, Broker and Barter and barter exchange transactions (including payments reported pursuant All amounts February 28* February 15** Exchange to an election described in Regulations section 1.1471-4(d)(5)(i)(A) or Transactions reported as described in Regulations section 1.1471-4(d)(2)(iii)(A)). 1099-C Cancellation of Debt Cancellation of a debt owed to a financial institution, the federal government, a credit union, RTC, FDIC, NCUA, a military department, the $600 or more February 28* January 31 U.S. Postal Service, the Postal Rate Commission, or any organization having a significant trade or business of lending money. 1099-CAP Changes in Corporate Information about cash, stock, or other property from an acquisition of (To Shareholders) Control and Capital control or the substantial change in capital structure of a corporation. January 31, (To Structure Over $1,000 February 28* Clearing Organization) January 5 1099-DIV Dividends and Distributions, such as dividends, capital gain distributions, or nontaxable Distributions distributions, that were paid on stock and liquidation distributions $10 or more, except (including distributions reported pursuant to an election described in $600 or more for February 28* January 31** Regulations section 1.1471-4(d)(5)(i)(A) or reported as described in liquidations Regulations section 1.1471-4(d)(2)(iii)(A)). 1099-G Certain Government Unemployment compensation, state and local income tax refunds, $10 or more for refunds February 28* January 31 Payments agricultural payments, and taxable grants. and unemployment * The due date is March 31 if filed electronically. ** The due date is March 15 for reporting by trustees and middlemen of WHFITs. 26 Gen. Instr. for Certain Info. Returns (2024) |
Page 27 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Guide to Information Returns (continued) Due Date To Recipient Form Title What To Report Amounts To Report To IRS (unless indicated otherwise) 1099-H Health Coverage Tax Health insurance premiums paid on behalf of certain individuals. Credit (HCTC) All amounts February 28* January 31 Advance Payments 1099-INT Interest Income Interest income (including payments reported pursuant to an election described in Regulations section 1.1471-4(d)(5)(i)(A) or reported as described in Regulations section 1.1471-4(d)(2)(iii)(A)); market discount $10 or more ($600 or February 28* January 31** subject to an election under section 1278(b). Tax-exempt interest and more in some cases) U.S. Savings Bonds and Treasury obligations interest are also reported on this form. 1099-K Payment Card and Payment card transactions. All amounts Third Party Network February 28* January 31 Transactions Third party network transactions. more than $600 1099-LS Reportable Life Payments made to a payment recipient in a reportable policy sale. (To Reportable Insurance Sale Policy Sale Payment Recipient) February 15, (To issuer) All amounts*** February 28* January 15 or earlier as required by Regulations section 1.6050Y-2(d)(2)(i) (A) Long-Term Care and Payments under a long-term care insurance contract and accelerated 1099-LTC Accelerated Death death benefits paid under a life insurance contract or by a viatical All amounts February 28* January 31 Benefits settlement provider. 1099-MISC Miscellaneous Rent or royalty payments; prizes and awards that are not for services, Information such as winnings on TV or radio shows (including payments reported $600 or more, except pursuant to an election described in Regulations section 1.1471-4(d)(5) $10 or more for royalties (i)(A) or reported as described in Regulations section 1.1471-4(d)(2)(iii) (A)). Payments to crew members by owners or operators of fishing boats All amounts including payments of proceeds from sale of catch. Section 409A income from nonqualified deferred compensation plans All amounts January 31** (NQDCs). Payments to a physician, physicians' corporation, or other supplier of health and medical services. Issued mainly by medical assistance $600 or more programs or health and accident insurance plans. Fish purchases paid in cash for resale. $600 or more February 28* Crop insurance proceeds. $600 or more Substitute dividends and tax-exempt interest payments reportable by $10 or more February 15** brokers. Gross proceeds paid to attorneys. $600 or more February 15** A U.S. account for chapter 4 purposes to which you made no payments during the year that are reportable on any applicable Form 1099 (or a U.S. account to which you made payments during the year that do not All amounts reach the applicable reporting threshold for any applicable Form 1099) (including $0) January 31** reported pursuant to an election described in Regulations section 1.1471-4(d)(5)(i)(A). Aggregated direct sales of consumer goods for resale. $5,000 or more 1099-NEC Nonemployee Payments for services performed for a trade or business by people not Compensation treated as its employees (including payments reported pursuant to an election described in Regulations section 1.1471-4(d)(5)(i)(A) or $600 or more reported as described in Regulations section 1.1471-4(d)(2)(iii)(A)). January 31 January 31 Examples: fees to subcontractors or directors and golden parachute payments. Aggregated direct sales of consumer goods for resale. $5,000 or more 1099-OID Original Issue Original issue discount (including amounts reported pursuant to an Discount election described in Regulations section 1.1471-4(d)(5)(i)(A) or reported as described in Regulations section 1.1471-4(d)(2)(iii)(A)); market discount subject to an election under section 1278(b). OID on $10 or more February 28* January 31** U.S. Treasury obligations and tax-exempt OID are also reported on this form. Stated interest (other than stated interest that is OID) may be reported on this form. * The due date is March 31 if filed electronically. ** The due date is March 15 for reporting by trustees and middlemen of WHFITs. *** See Regulations sections 1.6050Y-1(a)(16)(ii) and 1.6050Y-2(f)(2) for exceptions for amounts paid to persons other than sellers. Also, no amounts are required to be reported on statements furnished to issuers. See Regulations section 1.6050Y-2(d)(2)(i)(A). Gen. Instr. for Certain Info. Returns (2024) 27 |
Page 28 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Guide to Information Returns (continued) Due Date To Recipient Form Title What To Report Amounts To To IRS (unless indicated Report otherwise) 1099-PATR Taxable Distributions Distributions from cooperatives passed through to their patrons Received From including any domestic production activities deduction and certain $10 or more February 28* January 31 Cooperatives pass-through credits. 1099-Q Payments From Earnings from qualified tuition programs and Coverdell ESAs. Qualified Education Programs (Under All amounts February 28* January 31 Sections 529 and 530) 1099-QA Distributions From Distributions from ABLE accounts. All amounts February 28 January 31 ABLE Accounts 1099-R Distributions From Distributions from retirement or profit-sharing plans, any IRA, Pensions, Annuities, insurance contracts, and IRA recharacterizations (including payments Retirement or reported pursuant to an election described in Regulations section $10 or more February 28* January 31 Profit-Sharing Plans, 1.1471-4(d)(5)(i)(B) or reported as described in Regulations section IRAs, Insurance 1.1471-4(d)(2)(iii)(A)). Contracts, etc. 1099-S Proceeds From Real Gross proceeds from the sale or exchange of real estate and certain Generally, $600 or February 28* February 15 Estate Transactions royalty payments. more 1099-SA Distributions From an Distributions from an HSA, Archer MSA, or Medicare Advantage MSA. HSA, Archer MSA, or All amounts February 28* January 31 Medicare Advantage MSA 1099-SB Seller’s Investment in Seller’s investment in a life insurance contract as determined by the February 28* (except February 15 (except Life Insurance issuer. All amounts as provided in as provided in Contract Regulations section Regulations section 1.6050Y-3(c)) 1.6050Y-3(d)(2)) 3921 Exercise of an Transfer of stock pursuant to the exercise of an incentive stock option Incentive Stock under section 422(b). All amounts February 28* January 31 Option Under Section 422(b) 3922 Transfer of Stock Transfer of stock acquired through an employee stock purchase plan Acquired Through an under section 423(c). Employee Stock All amounts February 28* January 31 Purchase Plan Under Section 423(c) 5498 IRA Contribution Contributions (including rollover contributions) to any individual (To Participant) Information retirement arrangement (IRA), including a SEP, SIMPLE, and Roth For FMV/RMD/ IRA; Roth conversions; IRA recharacterizations; and the fair market SIMPLE IRA value (FMV) of the account (including information on hard-to-value All amounts May 31 contributions, assets). January 31; For all other contributions, May 31 5498-ESA Coverdell ESA Contributions (including rollover contributions) to a Coverdell ESA. Contribution All amounts May 31 April 30 Information 5498-QA ABLE Account Contributions (including rollover contributions) to an ABLE account. Contributions All amounts May 31 March 15 Information 5498-SA HSA, Archer MSA, or Contributions to an HSA (including transfers and rollovers) or Archer (To Participant) Medicare Advantage MSA and the FMV of an HSA, Archer MSA, or Medicare Advantage All amounts May 31 May 31 MSA Information MSA. W-2G Certain Gambling Gambling winnings from horse racing, dog racing, jai alai, lotteries, Generally, $600 or Winnings keno, bingo, slot machines, sweepstakes, wagering pools, poker more; $1,200 or tournaments, etc. more from bingo or February 28* January 31 slot machines; $1,500 or more from keno * The due date is March 31 if filed electronically. 28 Gen. Instr. for Certain Info. Returns (2024) |
Page 29 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Types of Payments Type of Payment Report on Form Foreign persons' income . . . . . . . . . . . . . . . . . . 1042-S Below is an alphabetic list of some payments and the 401(k) contributions . . . . . . . . . . . . . . . . . . . . W-2 forms to file and report them on. However, it is not a 404(k) dividend . . . . . . . . . . . . . . . . . . . . . . . 1099-DIV Gambling winnings . . . . . . . . . . . . . . . . . . . . . W-2G complete list of all payments, and the absence of a Golden parachute—employee . . . . . . . . . . . . . . . W-2 payment from the list does not indicate that the payment is Golden parachute—nonemployee . . . . . . . . . . . . . 1099-NEC not reportable. For instructions on a specific type of Grants—taxable . . . . . . . . . . . . . . . . . . . . . . 1099-G payment, see the separate instructions in the form(s) Health care services . . . . . . . . . . . . . . . . . . . . 1099-MISC listed. Health coverage tax credit (HCTC) advance .payments. . . 1099-H Type of Payment Report on Form Health savings accounts: —Contributions . . . . . . . . . . . . . . . . . . . . . . . 5498-SA ABLE accounts: —Distributions . . . . . . . . . . . . . . . . . . . . . . . 1099-SA —Contributions . . . . . . . . . . . . . . . . . . . . . . 5498-QA Income attributable to domestic production activities, deduction —Distributions . . . . . . . . . . . . . . . . . . . . . . . 1099-QA for . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-PATR Abandonment . . . . . . . . . . . . . . . . . . . . . . . 1099-A Income tax refunds—state and local . . . . . . . . . . . . 1099-G Accelerated death benefits . . . . . . . . . . . . . . . . . 1099-LTC Indian gaming profits paid to tribal members . . . . . . . . 1099-MISC Acquisition of control . . . . . . . . . . . . . . . . . . . . 1099-CAP Interest income . . . . . . . . . . . . . . . . . . . . . . . 1099-INT Agriculture payments . . . . . . . . . . . . . . . . . . . . 1099-G Tax-exempt . . . . . . . . . . . . . . . . . . . . . . . . . 1099-INT Allocated tips . . . . . . . . . . . . . . . . . . . . . . . . W-2 Interest, mortgage . . . . . . . . . . . . . . . . . . . . . 1098 Alternate TAA payments . . . . . . . . . . . . . . . . . . 1099-G IRA contributions . . . . . . . . . . . . . . . . . . . . . . 5498 Annuities . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-R IRA distributions . . . . . . . . . . . . . . . . . . . . . . 1099-R Archer MSAs: Life insurance contract distributions . . . . . . . . . . . . 1099-R, 1099-LTC —Contributions . . . . . . . . . . . . . . . . . . . . . . 5498-SA Liquidation—distributions . . . . . . . . . . . . . . . . . 1099-DIV —Distributions . . . . . . . . . . . . . . . . . . . . . . . 1099-SA Loans, distribution from pension plan . . . . . . . . . . . . 1099-R Attorney, fees and gross proceeds . . . . . . . . . . . . . 1099-MISC Long-term care benefits . . . . . . . . . . . . . . . . . . 1099-LTC Auto reimbursements—employee . . . . . . . . . . . . . W-2 Medicare Advantage MSAs: Auto reimbursements—nonemployee . . . . . . . . . . . 1099-NEC —Contributions . . . . . . . . . . . . . . . . . . . . . . 5498-SA Awards—employee . . . . . . . . . . . . . . . . . . . . . W-2 —Distributions . . . . . . . . . . . . . . . . . . . . . . . 1099-SA Awards—nonemployee . . . . . . . . . . . . . . . . . . . 1099-NEC Medical services . . . . . . . . . . . . . . . . . . . . . . 1099-MISC Barter exchange income . . . . . . . . . . . . . . . . . . 1099-B Mileage—employee . . . . . . . . . . . . . . . . . . . . W-2 Bond tax credit . . . . . . . . . . . . . . . . . . . . . . . 1097-BTC Mileage—nonemployee . . . . . . . . . . . . . . . . . . 1099-NEC Bonuses—employee . . . . . . . . . . . . . . . . . . . . W-2 Military retirement . . . . . . . . . . . . . . . . . . . . . 1099-R Bonuses—nonemployee . . . . . . . . . . . . . . . . . . 1099-NEC Mortgage assistance payments. . . . . . . . . . . . . . . 1098-MA Broker transactions . . . . . . . . . . . . . . . . . . . . . 1099-B Mortgage interest. . . . . . . . . . . . . . . . . . . . . . 1098 Cancellation of debt . . . . . . . . . . . . . . . . . . . . 1099-C Moving expense . . . . . . . . . . . . . . . . . . . . . . W-2 Capital gain distributions . . . . . . . . . . . . . . . . . . 1099-DIV Nonemployee compensation . . . . . . . . . . . . . . . . 1099-NEC Car expense—employee . . . . . . . . . . . . . . . . . . W-2 Nonqualified deferred compensation: Car expense—nonemployee . . . . . . . . . . . . . . . . 1099-NEC —Beneficiary . . . . . . . . . . . . . . . . . . . . . . . 1099-R Changes in capital structure . . . . . . . . . . . . . . . . 1099-CAP —Employee . . . . . . . . . . . . . . . . . . . . . . . . W-2 Charitable gift annuities. . . . . . . . . . . . . . . . . . . 1099-R Nonemployee. . . . . . . . . . . . . . . . . . . . . . . . 1099-NEC Commissions—employee . . . . . . . . . . . . . . . . . W-2 Original issue discount (OID) . . . . . . . . . . . . . . . . 1099-OID Commissions—nonemployee . . . . . . . . . . . . . . . 1099-NEC Tax-exempt OID . . . . . . . . . . . . . . . . . . . . . . 1099-OID Commodities transactions . . . . . . . . . . . . . . . . . 1099-B Patronage dividends . . . . . . . . . . . . . . . . . . . . 1099-PATR Compensation—employee . . . . . . . . . . . . . . . . . W-2 Payment card transactions . . . . . . . . . . . . . . . . . 1099-K Compensation—nonemployee . . . . . . . . . . . . . . . 1099-NEC Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-R Contributions of motor vehicles, boats, and airplanes. . . . 1098-C Points. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098 Cost of current life insurance protection. . . . . . . . . . . 1099-R Prizes—employee . . . . . . . . . . . . . . . . . . . . . W-2 Coverdell ESA contributions . . . . . . . . . . . . . . . . 5498-ESA Prizes—nonemployee . . . . . . . . . . . . . . . . . . . 1099-NEC Coverdell ESA distributions. . . . . . . . . . . . . . . . . 1099-Q Profit-sharing plan . . . . . . . . . . . . . . . . . . . . . 1099-R Crop insurance proceeds. . . . . . . . . . . . . . . . . . 1099-MISC Punitive damages . . . . . . . . . . . . . . . . . . . . . 1099-MISC Damages . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-MISC Qualified longevity annuity contract. . . . . . . . . . . . . 1098-Q Death benefits . . . . . . . . . . . . . . . . . . . . . . . 1099-R Qualified plan distributions . . . . . . . . . . . . . . . . . 1099-R Debt cancellation . . . . . . . . . . . . . . . . . . . . . . 1099-C Qualified tuition program payments . . . . . . . . . . . . . 1099-Q Dependent care payments . . . . . . . . . . . . . . . . . W-2 Real estate transactions . . . . . . . . . . . . . . . . . . 1099-S Direct rollovers . . . . . . . . . . . . . . . . . . . . . . . 1099-Q, 1099-R, Recharacterized IRA contributions . . . . . . . . . . . . . 1099-R, 5498 5498 Refund—state and local tax . . . . . . . . . . . . . . . . 1099-G Direct sales of consumer products for resale . . . . . . . . 1099-MISC, Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-MISC 1099-NEC Reportable policy sale . . . . . . . . . . . . . . . . . . . 1099-LS Directors' fees . . . . . . . . . . . . . . . . . . . . . . . 1099-MISC Retirement . . . . . . . . . . . . . . . . . . . . . . . . . 1099-R Discharge of indebtedness . . . . . . . . . . . . . . . . . 1099-C Roth conversion IRA contributions . . . . . . . . . . . . . 5498 Dividends. . . . . . . . . . . . . . . . . . . . . . . . . . 1099-DIV Roth conversion IRA distributions. . . . . . . . . . . . . . 1099-R Donation of motor vehicle. . . . . . . . . . . . . . . . . . 1098-C Roth IRA contributions . . . . . . . . . . . . . . . . . . . 5498 Education loan interest . . . . . . . . . . . . . . . . . . . 1098-E Roth IRA distributions . . . . . . . . . . . . . . . . . . . 1099-R Employee business expense reimbursement . . . . . . . . W-2 Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-MISC, 1099-S Employee compensation . . . . . . . . . . . . . . . . . . W-2 Timber—pay-as-cut contract . . . . . . . . . . . . . . . . 1099-S Excess deferrals, excess contributions-distributions . . . . 1099-R Sales: Exercise of incentive stock option under section 422(b) . . 3921 —Real estate . . . . . . . . . . . . . . . . . . . . . . . 1099-S Fees—employee . . . . . . . . . . . . . . . . . . . . . . W-2 —Securities . . . . . . . . . . . . . . . . . . . . . . . . 1099-B Fees—nonemployee . . . . . . . . . . . . . . . . . . . . 1099-NEC Section 1035 exchange. . . . . . . . . . . . . . . . . . . 1099-R Fishing boat crew members proceeds . . . . . . . . . . . 1099-MISC Seller’s investment in life insurance contract . . . . . . . . 1099-SB Fish purchases for cash . . . . . . . . . . . . . . . . . . 1099-MISC SEP contributions . . . . . . . . . . . . . . . . . . . . . W-2, 5498 Foreclosures . . . . . . . . . . . . . . . . . . . . . . . . 1099-A SEP distributions . . . . . . . . . . . . . . . . . . . . . . 1099-R Severance pay . . . . . . . . . . . . . . . . . . . . . . . W-2 Sick pay . . . . . . . . . . . . . . . . . . . . . . . . . . W-2 Gen. Instr. for Certain Info. Returns (2024) 29 |
Page 30 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Type of Payment Report on Form SIMPLE contributions. . . . . . . . . . . . . . . . . . . . W-2, 5498 SIMPLE distributions . . . . . . . . . . . . . . . . . . . . 1099-R Student loan interest . . . . . . . . . . . . . . . . . . . . 1098-E Substitute payments in lieu of dividends or tax-exempt interest . . . . . . . . . . . . . . . . . . . . . . . . . . 1099-MISC Supplemental unemployment. . . . . . . . . . . . . . . . W-2 Tax refunds—state and local . . . . . . . . . . . . . . . . 1099-G Third party network transactions . . . . . . . . . . . . . . 1099-K Tips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . W-2 Traditional IRA contributions . . . . . . . . . . . . . . . . 5498 Traditional IRA distributions. . . . . . . . . . . . . . . . . 1099-R Transfer of stock acquired through an employee stock purchase plan under section 423(c) . . . . . . . . . . . . . . . . 3922 Tuition . . . . . . . . . . . . . . . . . . . . . . . . . . . 1098-T Unemployment benefits . . . . . . . . . . . . . . . . . . 1099-G Vacation allowance—employee. . . . . . . . . . . . . . . W-2 Vacation allowance—nonemployee. . . . . . . . . . . . . 1099-NEC Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . W-2 30 Gen. Instr. for Certain Info. Returns (2024) |
Page 31 of 31 Fileid: … 099general/2024/a/xml/cycle04/source 13:27 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Guide to Information Returns 26 Penalties 9 19, A Private delivery services 6 Account number box 14 H Help 23 Q B Qualified settlement funds 3 Backup withholding 2 18 19, , I Information returns, other 6 S C State and local tax departments 7 Corporations, payments to 21 K Statement mailing requirements 15, Corrected returns, how to file 10 Keeping copies 8 16 Statements to recipients 2 15 16, , D L Substitute forms 2 9 15 16, , , Successor/predecessor reporting 2 Due dates 6 8 16, , Limited liability company (LLC) 13 14, Logos or substitute statements 15, T E 16 Taxpayer Advocate 23 Electronic reporting 8 Taxpayer identification number Extension to file 6 M (TIN) 13 18, Extension to furnish statements 18 Mailing forms 8 Telephone numbers on statements 15 F N TIN Matching 2 FATCA filing requirements 4 13 14, , Names, TINs, etc. 13 Transmitters, paying agents, etc. 7 Filing returns 7 Nominee/middleman 2 FIRE System 8 V Foreign intermediaries, payments O Void returns 11 made through 21 Ordering forms 24 Foreign person, payment to 4 W Form 1096 2 7, P When to file 6 8, Form 945 19 Paper document reporting 9 When to furnish statements 16 Form W-9 14 Partnerships, payments to 21 Where to file 7 Forms, how to get 24 Payee statements 2 15 16, , Who must file 2 8, Payments made through foreign Widely held fixed investment trusts 4 G intermediaries 22 Withholding, backup 2 18 19, , Grantor trusts 21 31 |