See the separate specific instructions for each form.
Nominee/middleman returns.
Generally, if you receive a Form 1099 for amounts that actually belong to another person, you are considered a nominee
recipient. You must file a
Form 1099 with the IRS (the same type of Form 1099 you received) for each of the other owners showing the amounts allocable
to each. You must also
furnish a Form 1099 to each of the other owners. File the new Form 1099 with Form 1096 with the Internal Revenue Service Center
for your area. On each
new Form 1099, list yourself as the “
payer” and the other owner as the “
recipient.” On Form 1096, list yourself as the “
filer.” A
husband or wife is not required to file a nominee return to show amounts owned by the other. The nominee, not the original
payer, is responsible for
filing the subsequent Forms 1099 to show the amount allocable to each owner.
Successor/predecessor reporting.
A successor business (a corporation, partnership, or sole proprietorship) and a predecessor business (a corporation,
partnership, or sole
proprietorship) may agree that the successor will assume all or some of the predecessor's information reporting responsibilities.
This would permit
the successor to file one Form 1099, 1098, 5498, or W-2G for each recipient combining the predecessor's and successor's reportable
amounts, including
any withholding. If they so agree and the successor satisfies the predecessor's obligations and the conditions described below,
the predecessor does
not have to file the specified information returns for the acquisition year. If the successor and predecessor do not agree,
or if the requirements
described are not met, the predecessor and the successor each must file Forms 1099, 1098, 5498, and W-2G for their own reportable
amounts as they
usually would. For more information and the rules that apply to filing combined Forms 1042-S, Foreign Person's U.S. Income
Subject to Withholding, see
Rev. Proc. 99-50, which is available on page 757 of Internal Revenue Bulletin 1999-52 at
www.irs.gov/pub/irs-irbs/irb99-52.pdf.
The combined reporting procedure is available when all the following conditions are met.
-
The successor acquires from the predecessor substantially all the property (a) used in the trade or business of the predecessor,
including
when one or more corporations are absorbed by another corporation under a merger agreement, or (b) used in a separate unit
of a trade or business of
the predecessor.
-
The predecessor is required to report amounts, including any withholding, on information returns for the year of acquisition
for the period
before the acquisition.
-
The predecessor is not required to report amounts, including withholding, on information returns for the year of acquisition
for the period
after the acquisition.
Combined reporting agreement.
The predecessor and the successor must agree on the specific forms to which the combined reporting procedure applies
and that the successor assumes
the predecessor's entire information reporting obligations for these forms. The predecessor and successor may agree to:
-
Use the combined reporting procedure for all Forms 1099, 1098, 5498, and W-2G, or
-
Limit the use of the combined reporting procedure to (a) specific forms or (b) specific reporting entities, including any
unit, branch, or
location within a particular business entity that files its own separate information returns. For example, if the predecessor's
and successor's only
compatible computer or recordkeeping systems are their dividends paid ledgers, they may agree to use the combined reporting
procedure for Forms
1099-DIV only. Similarly, if the only compatible systems are in their midwest branches, they may agree to use the combined
reporting procedure for
only the midwest branches.
Combined reporting procedure.
On each Form 1099, 1098, 5498, and W-2G filed by the successor, the successor must combine the predecessor's (before
the acquisition) and
successor's reportable amounts, including any withholding, for the acquisition year and report the aggregate. For transactional
reporting on Form
1099-B, Proceeds From Broker and Barter Exchange Transactions, the successor must report each of the predecessor's transactions
and each of its own
transactions on each Form 1099-B. The successor may include with the form sent to the recipient additional information explaining
the combined
reporting.
For purposes of the combined reporting procedure, the sharing of TINs and other information obtained under section
3406 for information reporting
and backup withholding purposes does not violate the confidentiality rules in section 3406(f).
Statement required.
The successor must file a statement with the IRS indicating the forms that are being filed on a combined basis under
Rev. Proc. 99-50. The
statement must:
-
Include the predecessor's and successor's names, addresses, telephone numbers, EINs, and the name and telephone number of
the person
responsible for preparing the statement.
-
Reflect separately the amount of federal income tax withheld by the predecessor and by the successor for each type of form
being filed on a
combined basis (for example, Form 1099-R or 1099-MISC).
-
Be sent separately from Forms 1099, 1098, 5498, and W-2G by the forms' due date to: Enterprise Computing Center-Martinsburg,
Attn:
Chief, Information Returns Branch, Mail Stop 360, 230 Murall Dr., Kearneysville, WV 25430. Do not send Form 1042-S statements
to this address.
Instead, use the address given in the Instructions for Form 1042-S; see
Rev. Proc. 99-50.
Qualified settlement funds.
A qualified settlement fund must file information returns for distributions to claimants if any transferor to the
fund would have been required to
file if the transferor had made the distributions directly to the claimants.
For distributions to transferors, a fund is subject to the information reporting requirements of sections 6041 and
6041A and may be required to
file Form 1099-MISC. For payments made by the fund on behalf of a claimant or transferor, the fund is subject to these same
rules and may have to file
Form 1099-MISC for the payment to a third party. For information reporting purposes, a payment made by the fund on behalf
of a claimant or transferor
is considered a distribution to the claimant or transferor and is also subject to information reporting requirements.
The same filing requirements, exceptions, and thresholds may apply to qualified settlement funds as apply to any other
payer. That is, the fund
must determine the character of the payment (for example, interest, fixed and determinable income, or gross proceeds from
broker transactions) and to
whom the payment is made (for example, corporation or individual).
For more information, see Regulations section 1.468B-2(l). Also, see Treasury Decision (TD) 9429 available on page
546 of Internal Revenue Bulletin
2006-10 at
www.irs.gov/pub/irs-irbs/irb06-10.pdf. TD 9249 relates to escrow and
similar funds.
Payments to foreign persons.
See the Instructions for Form 1042-S, relating to U.S. source income of foreign persons, for reporting requirements
relating to payments to foreign
persons.
Widely held fixed investment trusts (WHFITs).
Trustees and middlemen of WHFITs are required to report all items of gross income and proceeds on the appropriate
Form 1099. For the definition of
a WHFIT, see Regulations section 1.671-5(b)(22). A tax information statement that includes the information provided to the
IRS on Forms 1099, as well
as additional information identified in Regulations section 1.671-5(e) must be furnished to trust interest holders (TIHs).
Items of gross income (including OID) attributable to the TIH for the calendar year including all amounts of income
attributable to selling,
purchasing, or redeeming of a trust holder's interest in the WHFIT must be reported. Items of income that are required to
be reported include non
pro-rata partial principal payments, trust sales proceeds, redemption asset proceeds, and sales of a trust interest on a secondary
market
must be reported on Form 1099-B. See Regulations section 1.671-5(d).
Safe harbor rules for determining the amount of an item to be reported on Form 1099 and a tax information statement
with respect to a TIH in a
non-mortgage WHFIT (NMWHFIT) and a widely held mortgage trust (WHMT) are found in Regulations sections 1.671-5(f) and (g)
respectively.
Trustees and middlemen must follow all the rules for filing Forms 1099 with the IRS and furnishing a statement to
the TIH (except as noted below)
as described in parts A through S of these instructions. Trustees and middlemen should also follow the separate instructions
for Forms 1099-B,
1099-DIV, 1099-INT, 1099-MISC, and 1099-OID, as applicable, which may address additional income reporting requirements.
Due date exception and other requirements for furnishing statement to TIH.
The written tax information for 2008 furnished to the TIH is due on or before March 16, 2009. For other items of expense
and credit that must be
reported to the TIH, see Regulations section 1.671-5(c).
There is no reporting requirement if the TIH is an exempt recipient unless the trustee or middleman backup withholds
under section 3406. If the
trustee or middleman backup withholds, then follow the rules in part N on page 11. An exempt recipient for this purpose is
defined in Regulations
section 1.671-5(b)(7).
Reporting to foreign persons.
Items of a WHFIT attributable to a TIH who is not a U.S. person must be reported and amounts withheld following the
provisions of sections 1441
through 1464. See Form 1042-S and its separate instructions for more information.
File Forms 1098, 1099, or W-2G on paper by March 2, 2009, or March 31, 2009, if filing electronically. Also file Form 1096
with paper forms.
Brokers may file Forms 1096 and 1099-B anytime after the reporting period they elect to adopt (month, quarter, or year), but
not later than the due
date. File Form 1096 with Forms 5498, 5498-ESA, and 5498-SA by June 1, 2009.
You will meet the requirement to file if the form is properly addressed and mailed on or before the due date. If the regular
due date falls on a
Saturday, Sunday, or legal holiday, file by the next business day. A business day is any day that is not a Saturday, Sunday,
or legal holiday. See
part M on page 9 about providing Forms 1098, 1099, 5498, and W-2G or statements
to recipients.
Private delivery services.
You can use certain private delivery services designated by the IRS to meet the “
timely mailing as timely filing” rule for information
returns. The list includes only the following.
-
DHL Worldwide Express (DHL): DHL “Same Day” Service; DHL Next Day 10:30 AM; DHL Next Day 12:00 PM; DHL Next Day 3:00 PM; and DHL 2nd
Day Service.
-
Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx International Priority, and
FedEx
International First.
-
United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide
Express Plus,
and UPS Worldwide Express.
The private delivery service can tell you how to get written proof of the mailing date.
Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an
IRS P.O. box address.
Reporting period.
Forms 1098, 1099, and W-2G are used to report amounts received, paid, credited, donated, or canceled in the case of
Form 1099-C during the calendar
year. Forms 5498, 5498-ESA, and 5498-SA are used to report amounts contributed and the fair market value of an account for
the calendar year.
Extension.
You can get an automatic 30-day extension of time to file by completing Form 8809, Application for Extension of Time
To File Information Returns.
The form may be submitted on paper, or through the FIRE system either as a fill-in form or an electronic file. No signature
or explanation is required
for the extension. However, you must file Form 8809 by the due date of the returns in order to get the 30-day extension. Under
certain hardship
conditions you may apply for an additional 30-day extension. See the instructions for Form 8809 for
more information.
How to apply.
As soon as you know that a 30-day extension of time to file is needed, file Form 8809.
-
If you are requesting an extension for 50 or fewer filers, follow the instructions on Form 8809 and mail it to the address
listed in the
instructions on the form. See the instructions for Form 8809 for more information.
-
If you are requesting an extension for more than 50 filers, you must submit the extension request online or electronically.
You are
encouraged to submit requests for 10 to 50 filers online or electronically. See Pub. 1220, Part E, for more information on
filing online or
electronically.
Extension for statements to recipients.
For information on requesting an extension of time to file statements to recipients, see
Extension on page 11.
E. Filing Returns With the IRS
The IRS strongly encourages the quality review of data before filing to prevent erroneous notices from being mailed to payees
(or others for whom
information is being reported).
If you must file any Form 1098, 1099, 5498, or W-2G with the IRS and you are filing paper forms, you must send a Form 1096
with each type of form
as the transmittal document. You must group the forms by form number and submit each group with a separate Form 1096. For
example, if you file Forms
1098, 1099-A, and 1099-MISC, complete one Form 1096 to transmit Forms 1098, another for Forms 1099-A, and a third for Forms
1099-MISC. Specific
instructions for completing Form 1096 are included on the form. Also, see Transmitters, paying agents, etc. below. For information about
filing corrected returns, see part H on page 6.
See Pub. 1179 for specifications for private printing of substitute information returns. You may not request special consideration.
Only forms that
conform with the official form and the specifications in Pub. 1179 are acceptable for filing with
the IRS.
Transmitters, paying agents, etc.
A transmitter, service bureau, paying agent, or disbursing agent (hereafter referred to as “
agent”) may sign Form 1096 on behalf of any person
required to file (hereafter referred to as “
payer”) if the conditions in 1 and 2 below are met.
-
The agent has the authority to sign the form under an agency agreement (oral, written, or implied) that is valid under state
law
and
-
The agent signs the form and adds the caption “For: (Name of payer).”
Signing of the form by an authorized agent on behalf of the payer does not relieve the payer of the liability for
penalties for not filing a
correct, complete, and timely Form 1096 and accompanying returns.
Forms 1098, 1099, 5498, W-2G, or acceptable substitute statements to recipients issued by a service bureau or agent
should show the same payer's
name as shown on the information returns filed with the IRS.
For information about the election to report and deposit backup withholding under the agent's TIN and how to prepare
forms if the election is made,
see Rev. Proc. 84-33, 1984-1
C.B. 502 and the Instructions for Form 945.
Keeping copies.
Generally, keep copies of information returns you filed with the IRS or have the ability to reconstruct the data for
at least 3 years, 4 years for
Form 1099-C, from the due date of the returns. Keep copies of information returns for 4 years if backup withholding was imposed.
Shipping and mailing.
Send the forms to the IRS in a flat mailing (not folded). If you are sending many forms, you may send them in conveniently
sized packages. On each
package, write your name, number the packages consecutively, and place Form 1096 in package number one. Postal regulations
require forms and packages
to be sent by First-Class Mail.
Electronic reporting may be required for filing all information returns discussed in these instructions (see Who must file
electronically on this page). Different types of payments, such as interest, dividends, and rents, may be reported in the same submission.
For returns filed after December 1, 2008, Enterprise Computing Center-Martinsburg (ECC-MTB) will no longer accept tape cartridges.
Electronic filing will be the only acceptable method for filing information returns with ECC-MTB.
Pub. 1220 provides the procedures for reporting electronically and is updated annually. Pub. 1220 is available on the IRS
website at
www.irs.gov.
You can file electronically through the Filing Information Returns Electronically System (FIRE System); however, you must
have software that can
produce a file in the proper format according to Pub. 1220. The FIRE System does not provide a fill-in form option. The FIRE
System operates 24 hours
a day, 7 days a week. You may access the FIRE System via the Internet at
http://fire.irs.gov. See Pub. 1220 for
more information.
Due dates.
File Forms 1098, 1099, or W-2G electronically through the FIRE System by March 31, 2009. File Form 5498, 5498-ESA,
or 5498-SA by June 1, 2009. See
part M on page 9 about providing Forms 1098, 1099, 5498, and W-2G or statements to recipients.
Extension of time to file.
For information about requesting an extension of time to file, see
Extension on page 4.
If you file electronically, do not file the same returns on paper.
Who must file electronically.
If you are required to file 250 or more information returns, you must file electronically. The 250-or-more requirement
applies separately to each
type of form. For example, if you must file 500 Forms 1098 and 100 Forms 1099-A, you must file Forms 1098 electronically,
but you are not required to
file Forms 1099-A electronically.
The electronic filing requirement does not apply if you apply for and receive a hardship waiver. See
How to request a waiver from filing
electronically below.
The IRS encourages you to file electronically even though you are filing fewer than 250 returns.
Filing requirement applies separately to originals and corrections.
The electronic filing requirements apply separately to original returns and corrected returns. Originals and corrections
are not aggregated to
determine whether you are required to file electronically. For example, if you file 400 Forms 1098 electronically and you
are making 75 corrections,
your corrections can be filed on paper because the number of corrections for Form 1098 is less than the 250 filing requirement.
However, if you were
filing 250 or more Form 1098 corrections, they would have to be filed electronically.
Reporting incorrect payer name and/or TIN.
If a payer discovers an error in reporting the payer name and/or TIN, write a letter to IRS/ECC-MTB (see below) containing
the:
-
Name and address of the payer,
-
Type of error (including the incorrect payer name/TIN that was reported),
-
Tax year,
-
Payer TIN,
-
Transmitter Control Code (TCC), if applicable,
-
Type of return,
-
Number of payees, and
-
Filing method (paper or electronic).
Send the letter to Enterprise Computing Center-Martinsburg, Information Reporting Program, 240 Murall Drive, Kearneysville,
WV 25430.
Also see Pub. 1220, Part A,
Section 10.11.
If a payer realizes duplicate reporting or a large percentage of incorrect information has been filed, contact the
information reporting customer
service site at 1-866-455-7438 for
further instructions.
How to get approval to file electronically.
File Form 4419, Application for Filing Information Returns Electronically, at least 30 days before the due date of
the returns. File Form 4419 for
all types of returns that will be filed electronically. See Form 4419 for more information. Once you have received approval,
you need not reapply each
year. The IRS will provide a written reply to the applicant and further instructions at the time of approval, usually within
30 days.
How to request a waiver from filing electronically.
To receive a waiver from the required filing of information returns electronically, submit Form 8508, Request for
Waiver From Filing Information
Returns Electronically, at least 45 days before the due date of the returns. You cannot apply for a waiver for more than 1
tax year at a time. If you
need a waiver for more than 1 tax year, you must reapply at the appropriate time
each year.
If a waiver for original returns is approved, any corrections for the same types of returns will be covered under
the waiver. However, if you
submit original returns electronically but you want to submit your corrections on paper, a waiver must be approved for the
corrections if you must
file 250 or more corrections.
If you receive an approved waiver, do not send a copy of it to the service center where you file your paper returns.
Keep the waiver for your
records only.
Penalty.
If you are required to file electronically but fail to do so, and you do not have an approved waiver, you may be subject
to a penalty of $50 per
return for failure to file electronically unless you establish reasonable cause. However, you can file up to 250 returns on
paper; those returns will
not be subject to a penalty for failure to file electronically.
The penalty applies separately to original returns and corrected returns. See
Filing requirement applies separately to originals and
corrections on page 5.
H. Corrected Returns on Paper Forms
To file corrections for electronically filed forms, see part F on page 5 and Pub. 1220.
If you filed a return with the IRS and later discover you made an error on it, you must:
When making a correction, complete all information (see Filing Corrected Returns on Paper Forms on page 7).
-
Do not cut or separate forms that are two or three to a page. Submit the entire page even if only one of the forms on the
page is
completed.
-
Do not staple the forms to Form 1096.
-
Do not send corrected returns to the IRS if you are correcting state or local information only. Contact the state or local
tax department
for help with this type of correction.
To correct payer information, see Reporting incorrect payer name and/or TIN on page 5.
Form 1096.
Use a separate Form 1096 for each type of return you are correcting. For the same type of return, you may use one
Form 1096 for both originals and
corrections. You do not need to correct a previously filed Form 1096.
CORRECTED checkbox.
Enter an “
X” in the corrected checkbox only when correcting a form previously filed with the IRS or furnished to the recipient. Certain
errors
require two returns to make the correction. See
Filing Corrected Returns on Paper Forms on page 7 to determine when to mark the
“
CORRECTED” checkbox.
Account number.
If the account number was provided on the original return, the same account number must be included on both the original
and corrected returns to
properly identify and process the correction. If the account number was not provided on the original return, do not include
it on the corrected
return. See part L on page 9.
Recipient's statement.
You may enter a date next to the “
CORRECTED” checkbox. This will help the recipient in the case of multiple corrections.
Filing corrected returns on paper forms.
The error charts on page 7 give step-by-step instructions for filing corrected returns for the most frequently made
errors. They are grouped under
Error Type 1 or 2 , based on how the correction is made. Correction of errors may require the submission of more than one
return.
Be sure to read and follow the steps given.
If you fail to file correct information returns or furnish a correct payee statement, you may be subject to a penalty. See
part O on page 12.
Regulations section 301.6724-1 (relating to information return penalties) does not require you to file corrected returns
for missing or incorrect
TINs if you meet the reasonable cause criteria. You are merely required to include the correct TIN on the next original return
you are required to
file. However, if you do not meet the reasonable cause criteria, a reduced penalty may be imposed if the corrected returns
are filed by August 1.
In addition, even if you meet the reasonable cause criteria, the IRS encourages you to file corrections for incorrect or missing
TINs so that the
IRS can update the payees' records.
J. Recipient Names and Taxpayer Identification Numbers (TINs)
Recipient name.
Show the full name and address in the section provided on the information return. If payments have been made to more
than one recipient or the
account is in more than one name, show on the first name line the name of the recipient whose TIN is first shown on the return.
You may show the names
of any other individual recipients in the area below the first line, if desired. Form W-2G filers, see the Instructions for
Forms W-2G and 5754.
Sole proprietors.
You must show the individual's name on the first name line; on the second name line, you may enter the “
doing business as (DBA)” name. You may
not enter only the DBA name. For the TIN, enter either the individual's SSN or the EIN of the business (sole proprietorship).
The IRS prefers that you
enter the SSN.
Limited liability company (LLC).
For a single-member LLC (including a foreign LLC with a U.S. owner) that is disregarded as an entity separate from
its owner under Regulations
section 301.7701-3, enter the individual's name only on the first name line and the LLC's name on the second name line. For
the TIN, enter the
individual's SSN (or EIN, if applicable). If the LLC is a corporation, partnership, etc., enter the entity's EIN.
Bankruptcy estate.
If an individual (the debtor) for whom you are required to file an information return is in Chapter 11 bankruptcy,
and the debtor notified you of
the bankruptcy estate's EIN, report post-petition gross income, gross proceeds, or other reportable payments on the applicable
information return
using the estate's name and EIN. The debtor should notify you when the bankruptcy is closed, dismissed, or converted, so that
any subsequent
information returns will be filed with the correct name and EIN. Different rules apply if the bankruptcy is converted to Chapter
7, 12, or 13 of the
Bankruptcy Code. For additional guidance, see Notice 2006-83 which is on page 596 of Internal Revenue Bulletin 2006-40 available
at
www.irs.gov/pub/irs-irbs/irb06-40.pdf.
TINs.
TINs are used to associate and verify amounts you report to the IRS with corresponding amounts on tax returns. Therefore,
it is important that you
furnish correct names, social security numbers (SSNs), individual taxpayer identification numbers (ITINs), or employer identification
numbers (EINs)
for recipients on the forms sent to the IRS.
Requesting a recipient's TIN.
If the recipient is a U.S. person (including a U.S. resident alien), the IRS suggests that you request the recipient
complete Form W-9, Request for
Taxpayer Identification Number and Certification, or Form W-9S, Request for Student's or Borrower's Taxpayer Identification
Number and Certification,
if appropriate. See the Instructions for the Requester of Form W-9 for more information on how to request a TIN.
If the recipient is a foreign person, the IRS suggests that you request the recipient complete the appropriate Form
W-8. See the Instructions
for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY.
U.S. resident aliens who rely on a “
saving clause” of a tax treaty are to complete Form W-9, not Form W-8BEN. See Pub. 515, Withholding of Tax
on Nonresident Aliens and Foreign Entities, and Pub. 519, U.S. Tax Guide for Aliens.
You may be subject to a penalty for an incorrect or missing TIN on an information return. See part O on page 12. You
are required to maintain the
confidentiality of information obtained on a Form W-9/W-9S relating to the taxpayer's identity (including SSNs, EINs, and
ITINs), and you may use such
information only to comply with the tax laws.
If the recipient does not provide a TIN, leave the box for the recipient's TIN blank on the Form 1098, 1099, 5498, or W-2G.
Only one recipient TIN
can be entered on the form. Backup withholding may apply; see part N on page 11.
The TIN for individual recipients of information returns is the SSN. See the information about sole proprietors on
this page. For other
recipients, including corporations, partnerships, and estates, the TIN is the EIN. Income reportable after the death of an
individual must reflect the
TIN of the payee, that is, of the estate or of the surviving joint owner. For more information, see
Personal Representative in Pub. 559,
Survivors, Executors, and Administrators. For LLCs, see the information on LLC on
this page.
SSNs have nine digits separated by two hyphens (000-00-0000), and EINs have nine digits separated by only one hyphen
(00-0000000).
Electronic submission of Forms W-9.
Requesters may establish a system for payees and payees' agents to submit Forms W-9 electronically, including by fax.
A requester is anyone
required to file an information return. A payee is anyone required to provide a TIN to the requester.
Payee's agent.
A payee's agent can be an investment advisor (corporation, partnership, or individual) or an introducing broker. An
investment advisor must be
registered with the Securities Exchange Commission (SEC) under the Investment Advisers Act of 1940. The introducing broker
is a broker-dealer that is
regulated by the SEC and the National Association of Securities Dealers, Inc., and that is not a payer. Except for a broker
who acts as a payee's
agent for “
readily tradable instruments,” the advisor or broker must show in writing to the payer that the payee authorized the advisor or broker
to transmit the Form W-9 to the payer.
Generally, the electronic system must:
-
Ensure the information received is the information sent and document all occasions of user access that result in the submission.
-
Make reasonably certain the person accessing the system and submitting the form is the person identified on
Form W-9.
-
Provide the same information as the paper Form W-9.
-
Be able to supply a hard copy of the electronic Form W-9 if the IRS requests it.
-
Require as the final entry in the submission an electronic signature by the payee whose name is on Form W-9 that authenticates
and verifies
the submission. The electronic signature must be under penalties of perjury and the perjury statement must contain the language
of the paper Form
W-9.
For Forms W-9 that are not required to be signed, the electronic system need not provide for an electronic signature or a
perjury statement.
Additional requirements may apply. See Announcement 98-27 that is available on page 30 of Internal Revenue Bulletin 1998-15
at
www.irs.gov/pub/irs-irbs/irb98-15.pdf and Announcement 2001-91,
which is available on page 221 of Internal Revenue Bulletin 2001-36 at
www.irs.gov/pub/irs-irbs/irb01-36.pdf.
Electronic submission of Forms W-9S.
See the Instructions for Forms 1098-E and 1098-T.
K. Filer's Name, Identification Number, and Address
The TIN for filers of information returns, including sole proprietors and nominees/middlemen, is the federal EIN. However,
sole proprietors and
nominees/middlemen who are not otherwise required to have an EIN should use their SSNs. A sole proprietor is not required
to have an EIN unless he or
she has a Keogh plan or must file excise or employment tax returns. See Pub. 583, Starting a Business and Keeping Records.
The filer's name and TIN should be consistent with the name and TIN used on the filer's other tax returns. The name of the
filer's paying agent or
service bureau must not be used in place of the name of the filer.
For a single-member LLC (including a foreign LLC with a U.S. owner) that is disregarded as an entity separate from its owner
under Regulations
section 301.7701-3, enter the individual's name only on the first name line and the LLC's name on the second name line. For
the TIN, enter the
individual's SSN (or EIN, if applicable). If the LLC is a corporation, partnership, etc., enter the entity's EIN.
If you do not have an EIN, you may apply for one online. Go to the IRS website
www.irs.gov and enter keyword “online EIN” in the upper right corner. You may also apply by calling
1-800-829-4933 or by faxing or mailing Form SS-4, Application for Employer Identification Number, to the IRS. See the Instructions
for Form SS-4 for
more information.
Enter your street address including the room, suite, or other unit number on the forms.
L. Account Number Box on Forms
Use the account number box, when provided, on Forms 1099, 1098, and 5498 for an account number designation. The account number
is
required if you have multiple accounts for a recipient for whom you are filing more than one information return of the same
type. Additionally, the
IRS encourages you to include the recipient's account number on paper forms if your system of records uses the account number
rather than the name or
TIN for identification purposes. Also, the IRS will include the account number in future notices to you about backup withholding.
See Pub. 1220 if you
are filing electronically.
The account number may be a checking account number, savings account number, serial number, or any other number you assign
to the payee that is
unique and will distinguish the specific account. This number 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 numbers ensures that corrected information
returns will be processed
accurately.
If you are using window envelopes to mail statements to recipients and using reduced rate mail, be sure the account number
does not appear in the
window. The Postal Service may not accept these for reduced rate mail.
M. Statements to Recipients (Borrowers, Debtors, Donors, Insureds, Participants, Payers/Borrowers, Policyholders, Students,
Transferors, or Winners on Certain Forms)
If you are required to file Forms 1099, 1098, 5498, or W-2G, you must also furnish statements to recipients containing the
information furnished to
the IRS and, in some cases, additional information. Be sure that the statements you provide to recipients are clear and legible.
Substitute statements.
If you are not using the official IRS form to furnish statements to recipients, see Pub. 1179 for specific rules about
providing “
substitute”
statements to recipients. Generally, a substitute is any statement other than Copy B of the official form. You may develop
them yourself or buy them
from a private printer. However, the substitutes must comply with the format and content requirements specified in Pub. 1179
that is available on the
IRS website at
www.irs.gov.
Telephone number.
You are required to include the telephone number of a person to contact on the following statements to recipients:
W-2G, 1098, 1098-C, 1098-E,
1098-T, 1099-A, 1099-B, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-INT, 1099-LTC,
1099-MISC (excluding
fishing boat proceeds), 1099-OID, 1099-PATR, 1099-Q, and 1099-S. You may include the telephone number in any conspicuous place
on the statements. This
number must provide direct access to an individual who can answer questions about the statement. Although not required, if
you report on other Forms
1099 and 5498, you are encouraged to furnish telephone numbers.
Rules for furnishing statements.
Different rules apply to furnishing statements to recipients depending on the type of payment (or other information)
you are reporting and the form
you are filing.
If you are reporting a payment that includes noncash property, show the fair market value of the property at the time of payment.
Although,
generally, you are not required to report payments smaller than the minimum described for a form, you may prefer, for economy
and your own
convenience, to file Copies A for all payments. The IRS encourages this.
Report the type of payment information as described below for:
(a) Dividend, interest, and royalty payments; (b) Real estate
transactions; and
(c) Other information.
Dividend, interest, and royalty payments.
For payments of dividends under section 6042 (reported on Form 1099-DIV), patronage dividends under section 6044 (reported
on Form 1099-PATR),
interest (including original issue discount and tax-exempt interest) under section 6049 (reported on Form 1099-INT or 1099-OID),
or royalties under
section 6050N (reported on Form 1099-MISC or 1099-S), you are required to furnish an official IRS Form 1099 or an acceptable
substitute Form 1099 to a
recipient either in person, by First-Class Mail to the recipient's last known address, or electronically (see
Electronic recipient statements
on page 10). Statements may be sent by intraoffice mail if you use intraoffice mail to send account information and other
correspondence to the
recipient.
Statement mailing requirements for Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR, and forms reporting royalties only.
The following statement mailing requirements apply only to Forms 1099-DIV (except for section 404(k) dividends), 1099-INT
(except for interest
reportable in the course of your trade or business under section 6041), 1099-OID, 1099-PATR, and timber royalties reported
under section 6050N (on
Form 1099-MISC or 1099-S). The mailing must contain the official IRS Form 1099 or an acceptable substitute and may also contain
the following
enclosures : (a) Form W-2, applicable Form W-8, Form W-9, or other Forms W-2G, 1098, 1099, and 5498 statements; (b) a
check from the account being reported; (c) a letter explaining why no check is enclosed; (d) a statement of the person's
account
shown on Forms 1099, 1098, or 5498; and (e) a letter explaining the tax consequences of the information shown on the recipient
statement.
A statement of the person's account (year-end account summary) that you are permitted to enclose in a statement mailing
may include information
similar to the following: (a) the part of a mutual fund distribution that is interest on U.S. Treasury obligations; (b)
accrued
interest expense on the purchase of a debt obligation; and (c) the cost or other basis of securities and the gain/loss on
the sale of
securities.
No additional enclosures, such as advertising, promotional material, or a quarterly or annual report, are permitted.
Even a sentence or two on the
year-end statement describing new services offered by the payer is not permitted. Logos are permitted on the envelope and
on any nontax enclosures.
See Notice 96-62 which is available on page 8 of Internal Revenue Bulletin 1996-49 at
www.irs.gov/pub/irs-irbs/irb96-49.pdf.
Until further guidance is issued regarding the use of certain logos and identifying slogans on substitute returns that are
subject to the
statement mailing requirements, the IRS will not assess penalties for the use of a logo (including the name of the payer in
any typeface, font, or
stylized fashion and/or a symbolic icon) or slogan on a statement to a recipient if the logo or slogan is used by the payer
in the ordinary course of
its trade or business. In addition, use of the logo or slogan must not make it less likely that a reasonable payee will recognize
the importance of
the statement for tax reporting purposes.
A recipient statement may be perforated to a check or to a statement of the recipient's specific account. The check
or account statement to which
the recipient statement is perforated must contain, in bold and conspicuous type, the legend “
Important Tax Return Document Attached.”
The legend “
Important Tax Return Document Enclosed” must appear in a bold and conspicuous manner on the outside of the envelope and on each
letter explaining why no check is enclosed, or on each check or account statement that is not perforated to the recipient
statement. The legend is not
required on any tax form, tax statement, or permitted letter of tax consequences included in a statement mailing. Further,
you need not pluralize the
word “
document” in the legend simply because more than one recipient statement is enclosed.
If you provide recipient statements in a “
separate mailing” that contains only recipient statements, Forms W-8 and W-9, and a letter
explaining the tax consequences of the information shown on a recipient statement included in the envelope, you are not required
to include the legend
“
Important Tax Return Document Enclosed” on the envelope.
Substitute forms.
You may furnish to the recipient Copy B of the official IRS form, or you may use substitute Forms 1099-DIV, 1099-INT,
1099-OID, or 1099-PATR, if
they contain the same language as the official IRS forms and they comply with the rules in Pub. 1179, relating to substitute
Forms 1099. Applicable
box titles and numbers must be clearly identified, using the same wording and numbering as the official IRS form. For information
on substitute Forms
1099-MISC, see
Other information below. For Forms 1099-S, see
Real estate transactions below.
All substitute statements to recipients must contain the tax year, form number, and form name prominently displayed together
in one area of the
statement. For example, they could be shown in the upper right part of the statement.
If you are using substitutes, the IRS encourages you to use boxes so that the substitute has the appearance of a form.
The substitute form must
contain the applicable instructions as on the front and back of Copy B (in the case of Form 1099-R, Copies B, C, and 2) of
the official IRS form. See
Pub. 1179 for additional requirements and certain “
composite” statements that are permitted.
Real estate transactions.
You must furnish a statement to the transferor containing the same information reported to the IRS on Form 1099-S.
You may use Copy B of the
official IRS Form 1099-S or a substitute form that complies with Pub. 1179 and Regulations section 1.6045-4(m). You may use
a Uniform Settlement
Statement (under RESPA) as the written statement if it is conformed by including on the statement the legend shown on Form
1099-S and by designating
which information is reported to the IRS on Form 1099-S. You may furnish the statement to the transferor in person, by mail,
or electronically.
Furnish the statement at or after closing but by January 31 of the following year.
The statement mailing requirements explained above do not apply to statements to transferors for proceeds from real
estate transactions reported on
Form 1099-S. However, the statement mailing requirements do apply to statements to transferors for timber royalties reportable
under section 6050N on
Form 1099-S.
Other information.
Statements to recipients for Forms 1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G, 1099-H,
1099-LTC, 1099-MISC, 1099-Q,
1099-R, 1099-SA, 5498, 5498-ESA, 5498-SA, W-2G, 1099-DIV only for section 404(k) dividends reportable under section 6047,
1099-INT only for interest
reportable in the course of your trade or business under section 6041, or 1099-S only for royalties need not be, but can be,
a copy of the official
paper form filed with the IRS. If you do not use a copy of the paper form, the form number and title of your substitute must
be the same as the
official IRS form. All information required to be reported must be numbered and titled on your substitute in substantially
the same manner as on the
official IRS form. However, if you are reporting a payment as “
Other income” in box 3 of Form 1099-MISC, you may substitute appropriate
explanatory language for the box title. For example, for payments of accrued wages to a beneficiary of a deceased employee
required to be reported on
Form 1099-MISC, you might change the title of box 3 to “
Beneficiary payments” or something similar.
Appropriate instructions to the recipient, similar to those on the official IRS form, must be provided to aid in the
proper reporting of the items
on the recipient's income tax return. For payments reported on Form 1099-B, rather than furnish appropriate instructions with
each Form 1099-B
statement,
you may furnish to the recipient one set of instructions for all statements required to be furnished to a recipient in a
calendar year.
Except for royalties reported on Form 1099-MISC, the statement mailing requirements explained earlier do not apply
to statements to recipients for
information reported on the forms listed under
Other information above. You may combine the statements with other reports or financial or
commercial notices, or expand them to include other information of interest to the recipient. Be sure that all copies of the
forms are legible. See
Pub. 1179 for certain “
composite” statements that are permitted.
When to furnish forms or statements.
Generally, you must furnish Forms 1098, 1099, and W-2G information by February 2, 2009. However, you may issue them
earlier in some situations, as
provided by the regulations. For example, you may furnish Form 1099-INT to the recipient on redemption of U.S. Savings Bonds
at the time of
redemption. Brokers and barter exchanges may furnish Form 1099-B anytime but not later than February 2, 2009.
Donee organizations required to issue Form 1098-C must furnish the acknowledgment to a donor within 30 days of the
sale of the vehicle (if it is
sold without material improvements or significant intervening use) or within 30 days of the contribution.
Trustees or issuers of traditional IRAs must furnish participants with a statement of the value of the participant's
account, and RMD if
applicable, by February 2, 2009. The fair market value of SEP IRAs must also be furnished to the participant by February 2,
2009. Traditional IRA,
Roth IRA, SEP, or SIMPLE contribution information must be furnished to the participant by June 1, 2009. However, Coverdell
ESA contribution