Userid: CPM Schema: Leadpct: 99% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … s/i1099k/202201/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 4 13:36 - 2-Dec-2021 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 Instructions for Form 1099-K (Rev. January 2022) Payment Card and Third Party Network Transactions Section references are to the Internal Revenue Code unless the PSE submits the instruction to transfer funds to the otherwise noted. account of the participating payee to settle the reportable payment transaction. What’s New A PSE is a domestic or foreign entity that is a merchant Exceptions for reporting of third party network transac- acquiring entity, that is, a bank or other organization that has tions. The reporting requirement for these transactions has the contractual obligation to make payment to participating changed from totals exceeding $20,000 to exceeding $600, payees in settlement of payment card transactions; or a third regardless of the total number of transactions. See Exception party settlement organization (TPSO), that is, the central for de minimis payments, later, for more information. organization that has the contractual obligation to make payments to participating payees of third party network Continuous-use form and instructions. Form 1099-K and transactions. these instructions have been converted from an annual revision to continuous use. Both the form and instructions will Note. Healthcare networks, in-house accounts payable be updated as needed. For the most recent version, go to departments, and automated clearing houses do not qualify IRS.gov/Form1099K. as TPSOs and do not report under section 6050W. Future Developments A participating payee is any person, including any For the latest information about developments related to governmental unit (and any agency or instrumentality of a Form 1099-K and its instructions, such as legislation enacted governmental unit) who accepts a payment card, or any after they were published, go to IRS.gov/Form1099K. account number or other indicia associated with a payment card, as payment or accepts payment from a TPSO in Reminders settlement of a third party network transaction. In addition to these specific instructions, you should also use A payment card is any card, including any stored-value the current General Instructions for Certain Information card (having prepaid value, including gift cards), issued Returns. Those general instructions include information according to an agreement or arrangement that provides for about the following topics. all of the following. • Who must file. • One or more issuers of the cards. • When and where to file. • A network of persons unrelated to each other, and to the • Electronic reporting. issuer, who agree to accept the cards as payment. • Corrected and void returns. • Standards and mechanisms for settling the transactions • Statements to recipients. between the merchant acquiring entities and the persons • Taxpayer identification numbers (TINs). who agree to accept the cards as payment. • Backup withholding. • Penalties. A third party payment network is any agreement or • Other general topics. arrangement that provides for the following. • The establishment of accounts with a central organization You can get the General Instructions for Certain by a substantial number of providers of goods or services Information Returns at IRS.gov/1099GeneralInstructions or who are unrelated to the organization and who have agreed go to IRS.gov/Form1099K. to settle transactions for the provision of the goods or Online fillable Copies 1, B, 2, and C. To ease statement services to purchasers according to the terms of the furnishing requirements, Copies 1, B, 2, and C of Form agreement or arrangement. 1099-K are fillable online in a PDF format, available at • Standards and mechanisms for settling the transactions. IRS.gov/Form1099K. You can complete these copies online • Guarantee of payment to the persons providing goods or for furnishing statements to recipients and for retaining in services (participating payees) in settlement of transactions your own files. with purchasers pursuant to the agreement or arrangement. A third party payment network does not include any Third party reporting. For more information on third party agreement or arrangement that provides for the issuance of reporting, go to IRS.gov/tax-professionals/third-party- payment cards. reporting-information-center-information-documents. “Unrelated” means any person who is not related to another person within the meaning of section 267(b) using Specific Instructions the rules of sections 267(c) and (e)(3), and 707(b)(1). A payment settlement entity (PSE) must file Form 1099-K, Exception for payments made outside the United Payment Card and Third Party Network Transactions, for States by U.S. payers or middlemen to offshore payments made in settlement of reportable payment accounts after 2010. For payments under contractual transactions for each calendar year. A PSE makes a obligations entered into after December 31, 2010, a PSE that payment in settlement of a reportable payment transaction, is a person as described in Regulations section 1.6049-5(c) that is, any payment card or third party network transaction, if (5) as a U.S. payer or U.S. middleman is not required to file Dec 02, 2021 Cat. No. 54721E |
Page 2 of 4 Fileid: … s/i1099k/202201/a/xml/cycle05/source 13:36 - 2-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 1099-K for payments to a participating payee with a contractual relationship with the participating payee foreign address as long as, prior to payment, the PSE has (including information required to be obtained or reviewed documentation on which the PSE may rely to treat the under procedures required to be established under and payment as made to a foreign person according to compliant with 31 CFR section 1020.220). However, a PSE Regulations section 1.1441-1(e)(1)(ii) (substituting “payer” for must file Form 1099-K for payments made to an offshore the term “withholding agent” and without regard to the account if any of the following apply. limitations to amounts subject to withholding requirements of • There is a U.S. residential or correspondence address chapter 3 of the Code and its regulations). associated with the participating payee. A PSE must file Form 1099-K for payments made outside • The PSE has standing instructions to direct the payment to the United States to an offshore account if any of the a bank account maintained in the United States. following apply. • The PSE knows or has reason to know that the • There is a U.S. residential or correspondence address participating payee is a U.S. person. associated with the participating payee. A PSE that obtains a valid Form W-8 or documentary • The PSE has standing instructions to direct the payment to evidence establishing the payee's non-U.S. status and does a bank account maintained in the United States. not know the payee is a U.S. person is not required to file • The PSE knows or has reason to know that the Form 1099-K even if any of the circumstances described in participating payee is a U.S. person. the preceding paragraph are present. For more information A PSE is not required to file Form 1099-K for payments on this exception, see Notice 2012-2. made outside the United States to an offshore account in the Exception for payments by U.S. payers to foreign circumstances described in the preceding paragraph if the payees prior to 2011. For payments under contractual PSE does not know that the payee is a U.S. person and the obligations entered into before January 1, 2011, a PSE that is PSE obtains from the payee a Form W-8BEN, Certificate of a U.S. payer or U.S. middleman is not required to file a Form Foreign Status of Beneficial Owner for United States Tax 1099-K for a payment to a participating payee with a foreign Withholding and Reporting (Individuals); or Form W-8ECI, address as long as the payer does not know or have reason Certificate of Foreign Person’s Claim That Income Is to know that the participating payee is a U.S. person. Effectively Connected With the Conduct of a Trade or A foreign address means any address that is not within the Business in the United States; or documentary evidence United States (the States and the District of Columbia). establishing the payee’s non-U.S. status; or a suitable Exception for payments made by non-U.S. payers or substitute form as described in Notice 2011-71, available at middlemen to foreign payees. A PSE that is not described IRS.gov/irb/2011-37_IRB#NOT-2011-71. The W-8 forms (or as a U.S. payer or U.S. middleman in Regulations section the suitable substitutes) must be collected by the PSE no 1.6049-5(c)(5) is not required to file a Form 1099-K for later than 90 days after the date on which the PSE enters into payment to a participating payee that does not have a U.S. the contractual obligations with the participating payee. The address as long as the PSE does not know or have reason to W-8 forms (or suitable substitutes) and documentary know that the participating payee is a U.S. person. If the evidence may be relied upon only when the requirements participating payee has any U.S. address, the PSE may treat described in Notice 2011-71 are satisfied. the participating payee as a foreign person only if the PSE A PSE does not have to file Form 1099-K for payments has documentation on which the PSE may rely to treat the made outside the United States (within the meaning of payment as made to a foreign person according to Regulations section 1.6049-5(e)) to an offshore account (as Regulations section 1.1441-1(e)(1)(ii). described in Notice 2012-2, available at IRS.gov/irb/ A PSE that is a non-U.S. payer that has reason to know 2012-45_IRB#NOT-2012-2) of a participating payee with but not actual knowledge that a participating payee is a U.S. only a foreign address if the name of the participating payee person will not be required to file Form 1099-K if the PSE indicates that it is a per se corporation under Regulations obtains from the payee a Form W-8 or documentary section 301.7701-2(b)(8)(i) and the PSE does not know or evidence that satisfies the requirements described in Notice have reason to know that the participating payee is a U.S. 2011-71. person. A PSE may accept a substitute form, as described in A PSE may apply the grace period rules under Notice 2011-71, in lieu of Form W-8BEN so that a Regulations section 1.6049-5(d)(2)(ii) for payments to a participating payee can certify its non-U.S. status. participating payee with only a foreign address without Documentary evidence, described in Notice 2011-71, regard to whether the amounts paid are described in submitted to establish the identity of the payee and the status Regulations section 1.1441-6(c)(2) or are reportable under of that person as a foreign person remains valid until the Code section 6042, 6045, 6049, or 6050N. earlier of the last day of the third calendar year following the Exception for payments made by U.S. payers or year in which the documentary evidence is provided to the middlemen to accounts maintained outside the United withholding agent or the day that a change in circumstances States after 2010. A PSE is also not required to file Form occurs that makes any information on the documentary 1099-K in certain circumstances for payments made to an evidence incorrect. account maintained outside the United States. This A U.S. address is any address that is within the United exception only applies if the PSE is a U.S. payer making a States (the States and the District of Columbia). payment to an account maintained outside the United States by the PSE, or, if the PSE does not maintain an account for Nonreportable transactions. The following transactions the payee, to another financial institution maintaining the are nonreportable under section 6050W. account outside the United States. To apply this exception, • A withdrawal of funds at an automated teller machine the PSE must also reasonably determine that the (ATM) via payment card, or a cash advance or loan against participating payee is doing business outside the United the cardholder's account. States based on all the information obtained or reviewed in • A check issued in connection with a payment card that is connection with the establishment or maintenance of the accepted by a merchant or other payee. -2- Instructions for Form 1099-K (Rev. 01-2022) |
Page 3 of 4 Fileid: … s/i1099k/202201/a/xml/cycle05/source 13:36 - 2-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Any transaction in which a payment card is accepted as For more information on nominee/middleman reporting, payment by a merchant or other payee who is related to the see part A in the current General Instructions for Certain issuer of the payment card. Information Returns. Conversion of amounts paid in foreign currency. When Statements to Payees a payment is made or received in a foreign currency, the U.S. dollar amount must be determined by converting the foreign If you are required to file Form 1099-K, you must furnish a currency into U.S. dollars on the date of transaction at the statement to the payee. spot rate (as defined in Regulations section 1.988-1(d)(1)) or Truncating recipient’s TIN on payee statements. according to a reasonable spot rate convention, such as a Pursuant to Regulations section 301.6109-4, all filers of this month-end spot rate or a monthly average spot rate. The form may truncate a payee’s TIN (social security number convention must be used consistently for all non-dollar (SSN), individual taxpayer identification number (ITIN), amounts reported and from year to year. The convention adoption taxpayer identification number (ATIN), or employer cannot be changed without the consent of the Commissioner identification number (EIN)) on payee statements. Truncation or his or her delegate. is not allowed on any documents the filer files with the IRS. A Reporting under sections 6041, 6041A, and 6050W. filer's TIN may not be truncated on any form. See part J in the Payments made by payment card or through a third party current General Instructions for Certain Information Returns. payment network after December 31, 2010, that otherwise Furnishing statements electronically. Statements may be would be reportable under sections 6041 (payments made in furnished to payees electronically in lieu of a paper format. the course of a trade or business to another person) or See Regulations section 1.6050W-2(a) for further 6041A(a) (payments of remuneration for services and certain information. direct sales) and 6050W are reported under section 6050W For more information about the requirement to furnish a and not section 6041 or 6041A. For purposes of determining statement to each payee, see part M in the current General whether payments are subject to reporting under section Instructions for Certain Information Returns. 6050W, rather than section 6041 or 6041A, the de minimis threshold, discussed later under Box 1a, is disregarded. 2nd TIN Not. Who Must File You may enter an “X” in this box if you were notified by the IRS twice within 3 calendar years that the payee provided an Every PSE or other party which submits instructions to incorrect TIN. If you mark this box, the IRS will not send you transfer funds to the account of a participating payee, in any further notices about this account. settlement of reportable payment transactions, must file an information return (Form 1099-K) with respect to each However, if you received both IRS notices in the same participating payee for that calendar year. year, or if you received them in different years but they both Multiple PSEs. If two or more persons qualify as PSEs for related to information returns filed for the same year, do not the same reportable transaction, the PSE that submits the check the box at this time. For purposes of the instruction to transfer funds must file the return. However, the two-notices-in-3-years rule, you are considered to have PSE obligated to file may designate another person to file the received one notice and you are not required to send a return, including the PSE not making payment, if the parties second “B” notice to the taxpayer on receipt of the second agree in writing. If the designated person fails to timely file notice. See part N in the current General Instructions for the return, the entity with the responsibility to file is liable for Certain Information Returns for more information. any applicable penalties under sections 6721 and 6722. For information on the TIN Matching System offered Electronic payment facilitator (EPF). If a PSE contracts TIP by the IRS, see the current General Instructions for with an EPF or other third party to make payments in Certain Information Returns. settlement of reportable payment transactions on behalf of the PSE, the facilitator or other third party must file Form 1099-K in lieu of the PSE. The facilitator is not required to FILER'S Name, Address, Telephone Number, have any arrangement or agreement with the participating and TIN Boxes payee. Payments need not come from the facilitator's Enter the name, address (including street address, city or account. The facilitator need only submit instructions to town, state or province, country, and ZIP or foreign postal transfer funds to the account of the participating payee. The code), and telephone number of the entity with the filing PSE can file Form 1099-K by designation if the parties agree requirement (payer) in the box in the upper left corner. The in writing; however, the designation does not relieve the telephone number must allow a payee to reach a person facilitator from liability for any applicable penalties under knowledgeable about the payments reported on the form. sections 6721 and 6722 for failure to comply with the Enter the TIN (EIN) of the entity with the filing requirement information reporting requirements. (payer) in the top box immediately to the right. See part O in the current General Instructions for Certain Information Returns for more information on penalties. FILER Checkboxes Check the first (top) box in the section immediately below the Aggregated payees. If you receive payments from a PSE FILER'S name, street address, city or town, state or province, on behalf of one or more participating payees and you country, ZIP or foreign postal code, and telephone number distribute such payments to one or more participating box if the entity with the filing requirement (payer) is a PSE. payees, you are: Check the second (bottom) box if the entity with the filing • The participating payee with respect to the PSE who sent requirement (payer) is an EPF or other third party. you the payment(s), and • The PSE with respect to the participating payees to whom If the entity with the filing requirement (payer) is an EPF or you distribute the payments. other third party, enter the PSE's name and telephone number in the box above the account number box at the Instructions for Form 1099-K (Rev. 01-2022) -3- |
Page 4 of 4 Fileid: … s/i1099k/202201/a/xml/cycle05/source 13:36 - 2-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. bottom left of the form. The telephone number must allow a payment card transactions reported on this Form 1099-K. If payee to reach a person knowledgeable about the payments you or the entity on whose behalf you are filing uses an reported on the form. industry classification system other than, or in addition to, MCCs, assign to each payee an MCC that most closely Transactions Reported Checkboxes corresponds to the description of the payee's business. Check the first (top) box if you are reporting payment card transactions on this form. Check the second (bottom) box if Note. If you or the entity on whose behalf you are filing is a you are reporting third party network transactions on this TPSO or does not use any industry classification system for form. its payees, you should not complete this box. If you are reporting payments to the same payee that If a payee has receipts classified under more than one include both payment card and third party network MCC, you may either: transactions, you must file a separate Form 1099-K reporting • File separate Forms 1099-K reporting the gross receipts the gross amount from each type. for each MCC, or • File a single Form 1099-K reporting total gross receipts Account Number and the MCC which corresponds to the largest portion of the The account number is required if you have multiple total gross receipts. accounts for a payee for whom you are filing more than one Form 1099-K. Additionally, the IRS encourages you to Box 3. Number of Payment Transactions designate an account number for all Forms 1099-K that you Enter the number of payment transactions (not including file. See part L in the current General Instructions for Certain refund transactions) processed through the payment card/ Information Returns. third party payer network. Box 1a. Gross Payment Card/Third Party Box 4. Federal Income Tax Withheld Network Transactions Enter backup withholding. Persons who have not furnished Enter in box 1a the gross amount of the total reportable their TINs to you in the manner required are subject to payment card/third party network transactions for the backup withholding on payments required to be aggregately calendar year. Gross amount means the total dollar amount reported in box 1a. of total reportable payment transactions for each participating A payment made by a TPSO is a reportable payment payee without regard to any adjustments for credits, cash potentially subject to section 3406 backup withholding. equivalents, discount amounts, fees, refunded amounts, or any other amounts. The dollar amount of each transaction is For more information on backup withholding, including the determined on the date of the transaction. applicable rate, see part N in the current General Instructions Exception for de minimis payments. A TPSO is required for Certain Information Returns. to report any information concerning third party network transactions of any participating payee only if the gross Boxes 5a Through 5l amount of total reportable payment transactions exceeds Enter in the appropriate box the gross amount of the total $600 for the calendar year, regardless of the number of reportable payment transactions for each month of the transactions. calendar year. For examples of reportable payment transactions, Boxes 6 Through 8. State Information including responsible filing parties, see Regulations section 1.6050W-1(e). These boxes may be used by filers who participate in the Combined Federal/State Filing Program and/or who are Box 1b. Card Not Present Transactions required to file paper copies of this form with a state tax department. See Pub. 1220 for more information regarding Enter in box 1b the gross amount of the total reportable the Combined Federal/State Filing Program. They are payment card/third party network transactions for the provided for your convenience only and need not be calendar year where the card was not present at the time of completed for the IRS. Use the state information boxes to the transaction or the card number was keyed into the report payments for up to two states. Keep the information for terminal. Typically, this relates to online sales, phone sales, each state separated by the dash line. If you withheld state or catalogue sales. Gross amount means the total dollar income tax on this payment, you may enter it in box 8. In amount of total reportable payment transactions for each box 6, enter the abbreviated name of the state. In box 7, participating payee without regard to any adjustments for enter the filer's state identification number. The state number credits, cash equivalents, discount amounts, fees, refunded is the filer's identification number assigned by the individual amounts, or any other amounts. The dollar amount of each state. transaction is determined on the date of the transaction. If a state tax department requires that you send them a Box 2. Merchant Category Code paper copy of this form, use Copy 1 to provide information to Enter the four-digit merchant category code (MCC) used by the state tax department. Give Copy 2 to the payee for use in the payment card industry to classify the payee for the filing the payee's state income tax return. -4- Instructions for Form 1099-K (Rev. 01-2022) |