These updated FAQs were released to the public in Fact Sheet 2023-06PDF, March 22, 2023. Can Forms 1099-K be filed electronically? (added October 21, 2022) A. Yes. Forms 1099-K can be filed electrically through the FIRE (Filing Information Returns Electronically) system. Any person that files 250 or more Forms 1099-K for any calendar year must file those Forms 1099-K electronically. The IRS encourages filers who have less than 250 information returns to file electronically as well. For more information, review Publication 1220, Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G ElectronicallyPDF. If you are considering filing on paper, review General Instructions for Certain Information Returns. Can payee statements be furnished to participating payees electronically? (added October 21, 2022) A. Yes. With the participating payee’s prior consent, payee statements may be provided electronically. This consent must be made electronically in a way that shows the recipient can access the statement in the electronic format in which it will be furnished (see Treas. Reg. 1.6050W-2, Electronic furnishing of information statements for payments made in settlement of payment card and third party network transactionsPDF, for instructions for receiving consent from participating payees). If a payee statement is furnished electronically, an email address for the payment settlement entity may be provided in lieu of a phone number. Who is responsible for reporting payment card transactions? (added October 21, 2022) A. The merchant acquiring entity that transfers funds to the participating payee is responsible for reporting the gross amount of reportable transactions. A merchant acquiring entity can outsource the processing of the transactions to a processor that may share the contractual obligation to pay the merchant. When both a merchant acquiring entity and a processor have a contractual obligation to pay the merchant, the entity that submits the instructions to transfer funds to the merchant's account is responsible for preparing and furnishing a payee statement to the participating payee and filing Form 1099-K, Payment Card and Third Party Network Transactions, with the IRS. Who is responsible for reporting third party network transactions? (added October 21, 2022) A. The third party settlement organization or its electronic payment facilitator is responsible for reporting the gross amounts of reportable transactions paid to participating payees in their network. Is there a de minimis exception for reporting payments to participating payees of third party network transactions on Forms 1099-K for a third party settlement organization? (updated March 22, 2023) A. Yes. There is a de minimis exception from reporting for third party settlement organizations with respect to third party network transactions. The threshold was lowered by law for calendar years beginning after 2021; however, on December 23, 2022, the IRS announced it was delaying implementation of the lower threshold and would treat calendar year 2022 as a transition year for filers in which the prior (higher) threshold would apply. Therefore, for calendar year 2022, third-party settlement organizations are only required to issue Forms 1099-K to report transactions where gross payments to a participating payee for goods and services during the calendar year exceed $20,000 and there are more than 200 transactions. See Notice 2023-10, Revised Timeline Regarding Implementation of Amended Section 6050W(e), which delayed a change to the de minimis exception from reporting third party network transactions that would have required reporting if payments to a participating payee for goods and services during the calendar year exceeded $600. Is there a de minimis exception for reporting on Forms 1099-K for payment card transactions? (added October 21, 2022) A. No. There is not a de minimis exception for reporting payment card transactions. ALL payment card transactions must be reported on Form 1099-K. Are sales paid for by stored-value cards or gift cards reportable payment card transactions? (added October 21, 2022) A. It depends. Sales paid for by stored-value cards or gift cards are: Reportable if the card is accepted by a network of persons unrelated to the issuer and each other. Not reportable when the card is only accepted as payment by the issuer or someone who is related to the issuer of the card (e.g., a subsidiary company or the company itself). Under these circumstances, the stored-value cards do not fit the definition of a payment card and sales made with such cards are therefore not reportable. For the definition of unrelated persons see IRC 267(b), Relationships, of the Internal Revenue Code, and IRC 267(e)(3), Constructive Ownership in the Case of Partnerships, or IRC 707(b)(1), Certain Sales or Exchanges of Property with Respect to Controlled Partnerships, Losses Disallowed. How is reporting conducted when multiple payees receive allocable revenue from a person to whom payments are made by a payment settlement entity? (added October 21, 2022) A. The most common example of this situation is when a franchisor processes all the merchant card transactions of multiple franchisees and distributes payments accordingly. For example, when a corporation receives payments from a bank on behalf of multiple payees, the corporation is treated as a participating payee with respect to the bank and as a payment settlement entity with respect to the payees to whom the corporation distributes the payments. The bank is required to report the gross amount of reportable transactions settled through the corporation. In turn, the corporation is required to report the allocable transactions of the payees to whom the corporation distributes the payments. Under the statute and regulations, the corporation is an “aggregated payee.” Can the entity responsible for filing Form 1099-K contract with a third party to prepare and file these returns? (added October 21, 2022) A. Yes. However, the entity responsible for filing (i.e., the entity that submits the instructions to transfer funds) is liable for any applicable penalties under IRC 6721, Failure To File Correct Information Returns, and IRC 6722, Failure To Furnish Correct Payee Statements, if the reporting requirements are not met. In addition, the name, address and Taxpayer Identification Number of the entity responsible for filing must be reported on Form 1099-K, Payment Card and Third Party Network Transactions, in the box for the filer's information. How can payee Taxpayer Identification Numbers (TIN) be verified? (added October 21, 2022) A. Verification of payee TINs is done through the Taxpayer Identification Number (TIN) Matching Program. For further information please visit General Instructions for Certain Information Returns - Introductory Material or call 866-255-0654 Whose merchant card payments must be reported? (added October 21, 2022) A. Merchant acquiring entities must report the gross amount of reportable payment transactions of any participating payee for whom they settle payment card transactions. A payment card transaction is any transaction in which a payment card or any indicia thereof (such as a credit card number) is accepted as payment. Whose third party network transactions must be reported? (added October 21, 2022) A. For calendar years beginning after 2021, third party settlement organizations must report the gross amounts of reportable payment transactions of any participating payee for whom they settle payments using their third party payment network provided that the gross amount of the payee’s third party network transactions exceed $600 during the calendar year, regardless of the number of transactions. Note: For calendar years prior to 2022, third party settlement organizations reported the gross amount of reportable payment transactions of any participating payee for whom they settled payments using their third party payment network provided that a payee’s third party network transactions exceeded $20,000 during the calendar year, and the total number of transactions exceeded 200. Who reports payment card transactions when a payment settlement entity contracts with a third party, such as an electronic payment facilitator, to settle reportable transactions? (added October 21, 2022) A. The entity submitting the instructions to transfer funds to the participating payee's account is responsible for reporting payment card transactions. In this case, the third party entity is responsible for reporting, because it is the entity submitting the instructions to transfer the funds in settlement of the transactions. If transactions are already reportable under IRC 6041 or IRC 6041A, must they be reported again by payment settlement entities (PSE)? (added October 21, 2022) A. No, these transactions are not reported twice. If a transaction is reportable by a PSE under both IRC 6041, Information At Source, or IRC 6041A(a), Returns Regarding Payments Of Remuneration For Services And Direct Sales, and under IRC 6050W, Returns Relating To Payments Made In Settlement Of Payment Card And Third Party Network Transactions, the transaction must be reported on Form 1099-K, Payment Card and Third Party Network Transactions. They are not reported on Form 1099-MISC, Miscellaneous Income. Can the person required to make the information return under section 6050W and to secure the TIN necessary to make the return shift the economic burden to the participating payee? (added October 21, 2022) A. No. The Internal Revenue Code (IRC) requires payment settlement entities or in some cases an electronic payment facilitator to file information returns and to furnish payee statements with respect to each participating payee to whom payments in settlement of reportable payment transactions are made. These statutory obligations apply regardless of whether the participating payee pays a fee. Moreover, if a payment settlement entity or an electronic payment facilitator fails to comply with these statutory obligations, it is subject to penalties under IRC 6721, Failure To File Correct Information Returns, and IRC 6722, Failure To Furnish Correct Payee Statements. Because federal law requires payment settlement entities or electronic payment facilitators to file information returns and to furnish payee statements, such entities are precluded from collecting fees for costs incurred in fulfilling these requirements. How should a merchant acquiring entity report transactions if a payee has receipts classified under more than one Merchant Category Code (MCC)? (added October 21, 2022) A. If a payee has receipts classified under more than one MCC, the merchant acquiring entity may either: File separate Form 1099-K, Payment Card and Third Party Network Transactions, reporting the gross reportable transaction amounts attributable to each MCC, or File a single Form 1099-K reporting gross reportable transaction amounts and the MCC that corresponds to the largest portion of total gross receipts. Additionally, if a merchant acquiring entity (or its processor) employs an industry classification system other than or in addition to MCCs, the merchant acquiring entity should assign to each payee an MCC that most closely corresponds to the description of the payee's business. Does a third party settlement organization have to report Merchant Category Codes (MCC)? (added October 21, 2022) A. No. Third party settlement organizations do not use MCC codes to classify payees. Therefore, they do not complete Box 2 of Form 1099-K, Payment Card and Third Party Network Transactions. If another code provision already requires backup withholding of a reportable transaction, does the backup withholding provision under IRC 6050W still apply? (added October 21, 2022) A. The regulations do not eliminate the backup withholding requirements under IRC 6050W, Returns Relating To Payments Made In Settlement Of Payment Card And Third Party Network Transactions, under any circumstances, even where the potential for duplicate withholding exists. Are payment settlement entities required to report the transactions of governmental units, whether state or federal? (added October 21, 2022) A. Yes. The term participating payees includes any governmental unit. Are foreign payment settlement entities subject to the reporting requirements? (added October 21, 2022) A. Yes. A payment settlement entity may be a domestic or foreign entity. Related Topics Understanding Your Form 1099-K General Definitions Individuals Reporting Filing Form 1099-K Previous Updates to FAQs Fact Sheet 2022-41PDF, December 28, 2022