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General Instructions for
Certain Information Returns
Department of the Treasury
Internal Revenue Service
(Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G)
Section references are to the Internal Revenue Code unless
otherwise noted.
Contents
Page
Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Items You Should Note . . . . . . . . . . . . . . . . . . .
Guide to Information Returns . . . . . . . . . . . . . . .
A. Who Must File . . . . . . . . . . . . . . . . . . . . . . .
B. Other Information Returns . . . . . . . . . . . . . . .
C. When To File . . . . . . . . . . . . . . . . . . . . . . . .
D. Where To File . . . . . . . . . . . . . . . . . . . . . . .
E. Filing Returns With the IRS . . . . . . . . . . . . . .
F. Electronic Reporting . . . . . . . . . . . . . . . . . . .
G. Paper Document Reporting . . . . . . . . . . . . . .
H. Corrected Returns on Paper Forms . . . . . . . .
I. Void Returns . . . . . . . . . . . . . . . . . . . . . . . . .
J. Recipient Names and Taxpayer Identification
Numbers (TINs) . . . . . . . . . . . . . . . . . . . . .
K. Filer's Name, Identification Number, and
Address . . . . . . . . . . . . . . . . . . . . . . . . . . .
L. Account Number Box on Forms . . . . . . . . . . .
M. Statements to Recipients (Beneficiaries,
Borrowers, Debtors, Donors, Employees,
Insureds, Participants, Payers, Policyholders,
Shareholders, Students, Transferors, or
Winners on Certain Forms) . . . . . . . . . . . . .
N. Backup Withholding . . . . . . . . . . . . . . . . . . .
O. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . .
P. Payments to Corporations and Partnerships . .
Q. Earnings on any IRA, Coverdell ESA, Archer
MSA, or HSA . . . . . . . . . . . . . . . . . . . . . . .
R. Certain Grantor Trusts . . . . . . . . . . . . . . . . .
S. Special Rules for Reporting Payments Made
Through Foreign Intermediaries and Foreign
Flow-Through Entities on Form 1099 . . . . . .
T. How To Get Tax Help . . . . . . . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Reminders
Due date for certain statements sent to recipients. The
due date for furnishing statements to recipients for Forms
1099-B, 1099-S, and 1099-MISC (if amounts are reported in
boxes 8 or 14) is February 17, 2015. This also applies to
statements furnished as part of a consolidated reporting
statement.
Electronic filing. E-filers are reminded that using the FIRE
System requires following the specifications contained in
Pub. 1220, Specifications for Electronic Filing of Forms 1097,
1098, 1099, 3921, 3922, 5498, 8935, and W-2G. Also, the
Dec 10, 2013
IRS does not provide a fill-in form option. See part F for
information on e-file.
Payee. Throughout these instructions the term “payee”
means any recipient of Forms 1097, 1098, 1099, 3921, 3922,
5498, or W-2G including beneficiaries, borrowers, debtors,
donors, employees, insureds, participants, policyholders,
shareholders, students, transferors, and winners on certain
forms.
Where to file. All information returns filed on paper will be
filed with only two Internal Revenue Service Centers: Austin,
TX, and Kansas City, MO. See part D and Form 1096,
Annual Summary and Transmittal of U.S. Information
Returns.
Items You Should Note
Photographs of Missing Children
The Internal Revenue Service is a proud partner with the
National Center for Missing and Exploited Children.
Photographs of missing children selected by the Center may
appear in instructions on pages that would otherwise be
blank. You can help bring these children home by looking at
the photographs and calling 1-800-THE-LOST
(1-800-843-5678) if you recognize a child.
Available Products
In addition to these general instructions, which contain
general information concerning Forms 1097, 1098, 1099,
3921, 3922, 5498, and W-2G, we provide specific form
instructions as separate products. Get the instructions you
need for completing a specific form from the following list of
separate instructions.
Instructions for Forms W-2G and 5754
Instructions for Form 1097-BTC
Instructions for Form 1098
Instructions for Form 1098-C
Instructions for Forms 1098-E and 1098-T
Instructions for Forms 1099-A and 1099-C
Instructions for Form 1099-B
Instructions for Form 1099-CAP
Instructions for Form 1099-DIV
Instructions for Form 1099-G
Instructions for Forms 1099-INT and 1099-OID
Instructions for Form 1099-K
Instructions for Form 1099-LTC
Instructions for Form 1099-MISC
Instructions for Form 1099-PATR
Instructions for Form 1099-Q
Instructions for Forms 1099-R and 5498
Instructions for Form 1099-S
Instructions for Forms 1099-SA and 5498-SA
Instructions for Forms 3921 and 3922
Instructions for Form 5498-ESA
Cat. No. 27976F
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 spouse is not required to
file a nominee return to show amounts owned by the other
spouse. The nominee, not the original payer, is responsible
for filing the subsequent Forms 1099 to show the amount
allocable to each owner.
You can also obtain the latest developments for each of
the forms and instructions listed here by visiting their
information pages at IRS.gov. See the separate instructions
for each form on the webpage via the link.
See How To Get Forms, Publications, and Other
Assistance, later.
Guide to Information Returns
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 1097, 1098, 1099, 3921, 3922, 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 on this page, 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 1097, 1098, 1099, 3921, 3922, 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.
1. 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.
2. The predecessor is required to report amounts,
including any withholding, on information returns for the year
of acquisition for the period before the acquisition.
3. The predecessor is not required to report amounts,
including withholding, on information returns for the year of
acquisition for the period after the acquisition.
See the chart, later, for a brief summary of information return
reporting rules.
Use Form 1096 To Send Paper Forms to the IRS
You must send Copies A of all paper Forms 1097, 1098,
1099, 3921, 3922, 5498, and W-2G to the IRS with Form
1096, Annual Summary and Transmittal of U.S. Information
Returns. Instructions for completing Form 1096 are
contained on Form 1096. Also see part E.
Reporting Backup Withholding on Forms 1099
and W-2G
If you backup withhold on a payment, you must file the
appropriate Form 1099 or Form W-2G with the IRS and
furnish a statement to the recipient to report the amount of
the payment and the amount withheld. This applies even
though the amount of the payment may be below the normal
threshold for filing Form 1099 or Form W-2G. For how to
report backup withholding, see part N.
Substitute Statements to Recipients
If you are using a substitute form to furnish information
statements to recipients (generally Copy B), be sure your
substitute statements comply with the rules in Pub. 1179,
General Rules and Specifications for Substitute Forms 1096,
1098, 1099, 5498, and Certain Other Information Returns.
Pub. 1179, which is revised annually, explains the
requirements for format and content of substitute statements
to recipients. See part M for additional information.
Taxpayer Identification Number (TIN) Matching
TIN Matching allows a payer or authorized agent who is
required to file Forms 1099-B, DIV, INT, K, MISC, OID,
and/or PATR, which report income subject to backup
withholding, to match TIN and name combinations with IRS
records before submitting the forms to the IRS. TIN Matching
is one of the e-services products that is offered and is
accessible through the IRS website. For program guidelines,
see Pub. 2108-A, On-Line Taxpayer Identification (TIN)
Matching Program, or go to IRS.gov and enter keyword “TIN
matching” in the upper right corner. It is anticipated that
payers who validate the TIN and name combinations before
filing information returns will receive fewer backup
withholding (CP2100) notices and penalty notices.
E-services technical support is available by calling
1-866-255-0654.
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:
1. Use the combined reporting procedure for all Forms
1097, 1098, 1099, 3921, 3922, 5498, and W-2G; or
2. 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.
A. Who Must File
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
-2-
Gen. Instr. for Certain Info. Returns (2014)
I.R.B. 546, available at www.irs.gov/irb/2006-10_IRB/
ar05.html. TD 9249 relates to escrow and similar funds.
Combined reporting procedure. On each Form 1097,
1098, 1099, 3921, 3922, 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. These same reporting requirements apply to Form
3921, Exercise of an Incentive Stock Option under Section
422(b); and Form 3922, Transfer of Stock Acquired Through
an Employee Stock Purchase Plan under Section 423(c).
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:
1. 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.
2. 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).
3. Be sent separately from Forms 1097, 1098, 1099,
3921, 3922, 5498, and W-2G by the forms' due date to:
Internal Revenue Service, Information Returns Branch, 230
Murall Drive, Mail Stop 4360, 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.
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 including 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 2014 furnished to the TIH is due on or before March 16,
2015. 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. 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.
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) 9249, 2006-10
Gen. Instr. for Certain Info. Returns (2014)
B. Other Information Returns
The income information you report on the following forms
must not be repeated on Forms 1099 or W-2G.
Form W-2, Wage and Tax Statement, reporting wages
and other employee compensation.
Forms 1042-S and 1000 reporting income to foreign
persons.
Form 2439 reporting undistributed long-term capital gains
of a regulated investment company (RIC) or real estate
investment trust (REIT).
-3-
the online fill-in form. See Pub. 1220, Part B, for more
information on filing online or electronically.
Extension for statements to recipients. For information
on requesting an extension of time to furnish statements to
recipients, see Extension under part M.
Schedule K-1 of Forms 1065 or 1065-B reporting
distributive shares to members of a partnership.
Schedule K-1 of Form 1041 reporting distributions to
beneficiaries of trusts or estates.
Schedule K-1 of Form 1120-S reporting distributive
shares to shareholders of S corporations.
Schedule K of Form 1120-IC-DISC reporting actual and
constructive distributions to shareholders and deferred
DISC income.
Schedule Q of Form 1066 reporting income from a real
estate mortgage investment conduit (REMIC) to a residual
interest holder.
D. Where To File
!
Use the 3-line address for your state for mailing
information returns.
CAUTION
Send all information returns filed on paper to the following:
C. When To File
If your principal business,
office or agency, or legal
residence in the case of an
individual, is located in
▼
File Forms 1097, 1098, 1099, 3921, 3922, or W-2G on paper
by March 2, 2015, or March 31, 2015, if filing electronically.
Also file Form 1096 with paper forms. File Form 1096 with
Forms 5498, 5498-ESA, and 5498-SA by June 1, 2015.
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 about providing Forms 1097, 1098, 1099, 3921, 3922,
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 Express (DHL): DHL Same 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.
Use the following address
▼
Alabama, Arizona, Arkansas,
Connecticut, Delaware, Florida,
Georgia, Kentucky, Louisiana,
Maine, Massachusetts,
Mississippi, New Hampshire,
New Jersey, New Mexico, New
York, North Carolina, Ohio,
Pennsylvania, Rhode Island,
Texas, Vermont, Virginia,
West Virginia
Department of the Treasury
Internal Revenue Service
Center
Austin, TX 73301
Alaska, California, Colorado,
District of Columbia, Hawaii,
Idaho, Illinois, Indiana, Iowa,
Kansas, Maryland, Michigan,
Minnesota, Missouri, Montana,
Nebraska, Nevada, North
Dakota, Oklahoma, Oregon,
South Carolina, South Dakota,
Tennessee, Utah, Washington,
Wisconsin, Wyoming
Department of the Treasury
Internal Revenue Service
Center
Kansas City, MO 64999
If your legal residence or principal place of business or
principal office or agency is outside the United States, file
with the Department of the Treasury, Internal Revenue
Service Center, Austin, TX 73301.
Reporting period. Forms 1097, 1098, 1099, 3921, 3922,
and W-2G are used to report amounts received, paid,
credited, donated, transferred, 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.
State and local tax departments. Contact the applicable
state and local tax department as necessary for reporting
requirements and where to file.
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.
Follow the instructions on Form 8809 and mail it to the
address listed in the instructions on the form or you can fax it.
See the instructions for Form 8809 for more information.
You can submit the extension request online through the
FIRE system. You are encouraged to submit requests using
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 1097, 1098, 1099, 3921, 3922,
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
paper returns, see part H.
-4-
Gen. Instr. for Certain Info. Returns (2014)
2015. File Forms 5498, 5498-ESA, or 5498-SA by June 1,
2015. See part M about providing Forms 1097, 1098, 1099,
3921, 3922, 5498, and W-2G or statements to recipients.
See Pub. 1179 for specifications for private printing of
substitute information returns. You may not request special
consideration. Only forms that conform to the official form
and the specifications in Pub. 1179 are acceptable for filing
with the IRS.
Extension of time to file. For information about requesting
an extension of time to file, see Extension under part C.
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.
1. The agent has the authority to sign the form under an
agency agreement (oral, written, or implied) that is valid
under state law and
2. The agent signs the form and adds the caption “For:
(Name of payer).”
!
CAUTION
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, later.
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 1097, 1098, 1099, 3921, 3922, 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.
TIP
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.
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.
Reporting incorrect payer name and/or TIN. If a payer
discovers an error in reporting the payer (not recipient) name
and/or TIN, write a letter containing the following information:
1. Name and address of the payer
2. Type of error (including the incorrect payer name/TIN
that was reported)
3. Tax year
4. Payer TIN
5. Transmitter Control Code (TCC)
6. Type of return
7. Number of payees
8. Filing method (paper or electronic)
9. Was federal income tax withheld?
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.
F. Electronic Reporting
Electronic reporting may be required for filing all information
returns discussed in these instructions (see Who must file
electronically, below). Different types of payments, such as
interest, dividends, and rents, may be reported in the same
submission.
Send the letter to Internal Revenue Service, Information
Returns Branch, 230 Murall Drive, Mail Stop 4360,
Kearneysville, WV 25430.
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.
Pub. 1220 provides the procedures for reporting
electronically and is updated annually. Pub. 1220 is available
at 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 for information return reporting. The FIRE
System operates 24 hours a day, 7 days a week. You may
access the FIRE System via the Internet at fire.irs.gov. See
Pub. 1220 for more information.
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
Due dates. File Forms 1097, 1098, 1099, 3921, 3922, or
W-2G electronically through the FIRE System by March 31,
Gen. Instr. for Certain Info. Returns (2014)
If you file electronically, do not file the same returns
on paper.
-5-
5. To locate an IRS business partner who may be able to
offer low-cost or even free filing of certain forms, enter e-file
for Business Partners in the Search box on IRS.gov.
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.
Multiple filings. If, after you file Forms 1097, 1098, 1099,
3921, 3922, 5498, or W-2G, you discover additional forms
that are required to be filed, file these forms with a new Form
1096. Do not include copies or information from previously
filed returns.
Required format. Because paper forms are scanned, all
Forms 1096 and Copies A of Forms 1097, 1098, 1099, 3921,
3922, and 5498 must be prepared in accordance with the
following instructions. If these instructions are not followed,
you may be subject to a penalty for each incorrectly filed
document. See part O.
1. Do not cut or separate Copies A of the forms that are
printed two or three to a sheet (except Forms W-2G and
1098-C). Generally, Forms 1097, 1098, 1099, 3921, 3922,
and 5498 are printed two or three to an 8 x 11 inch sheet.
Form 1096 is printed one to an 8 x 11 inch sheet. These
forms must be submitted to the IRS on the 8 x 11 inch sheet.
If at least one form on the page is correctly completed, you
must submit the entire page. Forms W-2G may be separated
and submitted as single forms. Send the forms to the IRS in a
flat mailing (not folded).
2. No photocopies of any forms are acceptable. See How
To Get Forms, Publications, and Other Assistance, later.
3. Do not staple, tear, or tape any of these forms. It will
interfere with the IRS' ability to scan the documents.
4. Pinfeed holes on the form are not acceptable. Pinfeed
strips outside the 8 x 11 inch area must be removed before
submission, without tearing or ripping the form. Substitute
forms prepared in continuous or strip form must be burst and
stripped to conform to the size specified for a single sheet (8
x 11 inches) before they are filed with the IRS.
5. Do not change the title of any box on any form. Do not
use a form to report information that is not properly reportable
on that form. If you are unsure of where to report the data,
call the information reporting call site at 1-866-455-7438
(toll free).
6. Report information only in the appropriate boxes
provided on the forms. Make only one entry in each box
unless otherwise indicated in the form's specific instructions.
7. Do not submit any copy other than Copy A to the IRS.
8. Do not use prior year forms unless you are reporting
prior year information. Do not use subsequent year forms for
the current year. Because forms are scanned, you must use
the current year form to report current year information.
9. Use the official forms or substitute forms that meet the
specifications in Pub. 1179. If you submit substitute forms
that do not meet the current specifications and that are not
scannable, you may be subject to a penalty for each return
for improper format. See part O.
10. Do not use dollar signs ($) (they are preprinted on the
forms), ampersands (&), asterisks (*), commas (,), or other
special characters in money amount boxes.
11. Do not use apostrophes ('), asterisks (*), or other
special characters on the payee name line.
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 up to $100 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. See part O.
The penalty applies separately to original returns and
corrected returns. See Filing requirement applies separately
to originals and corrections, later.
G. Paper Document Reporting
If you are required to file 250 or more information returns, see
part F.
Follow these guidelines.
1. Although handwritten forms are acceptable, they must
be completely legible and accurate to avoid processing
errors. Handwritten forms often result in name/TIN
mismatches. Use block print, not script characters. If you
have a small number of forms, consider contacting an IRS
business partner who may be able to prepare them with little
or no cost to you. See 5, below, for details. Type entries
using black ink in 12-point Courier font. Copy A is read by
machine and must be typed clearly using no corrections in
the data entry fields. Data must be printed in the middle of
the blocks, well separated from other printing and guidelines.
Entries completed by hand, or using script, italic, or
proportional spaced fonts, or in colors other than black,
cannot be read correctly by machine. Make all dollar entries
without the dollar sign, but include the decimal point
(00000.00). Show the cents portion of the money amounts. If
a box does not apply, leave it blank.
2. Do not enter 0 (zero) or “None” in money amount
boxes when no entry is required. Leave the boxes blank
unless the instructions specifically require that you enter a 0
(zero). For example, in some cases, you must enter 0 (zero)
to make corrections. See part H.
3. Do not enter number signs (#)—RT 2, not Rt. #2.
4. Send the entire page of Copy A of your 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.
Common errors. Be sure to check your returns to prevent
the following common errors.
1. Duplicate filing. Do not send the same information to
the IRS more than once. Also see Multiple filings, earlier.
-6-
Gen. Instr. for Certain Info. Returns (2014)
meet the reasonable cause criteria. You are merely required
to include the correct TIN on the next original return you are
required to file.
2. Filer's name, address, and TIN are not the same on
Form 1096 and the attached Forms 1097, 1098, 1099, 3921,
3922, 5498, or W-2G.
3. Decimal point to show dollars and cents omitted. For
example, 1230.00 is correct, not 1230.
4. Two or more types of returns submitted with one Form
1096 (for example, Forms 1099-INT and 1099-MISC with
one Form 1096). You must submit a separate Form 1096 with
each type of return.
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.
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.
H. Corrected Returns on Paper Forms
!
To file corrections for electronically filed forms, see
part F and Pub. 1220.
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 mark the
“CORRECTED” box. 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.
CAUTION
If you filed a return with the IRS and later discover you
made an error on it, you must:
Correct it as soon as possible and file Copy A and Form
1096 with your Internal Revenue Service Center (see part D).
Furnish statements to recipients showing the correction.
When making a correction, complete all information (see
Filing corrected returns on paper forms, later).
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, earlier.
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, 2006-40 I.R.B. 596, available at
www.irs.gov/irb/2006-40_IRB/ar12.html.
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 below 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.
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, later, give step-by-step instructions for filing corrected
returns for the most frequently made errors. They are
grouped under Error Type 1 or 2. 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
CAUTION
penalty. See part O. 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
!
Gen. Instr. for Certain Info. Returns (2014)
TINs. TINs are used to associate and verify amounts you
report to the IRS with corresponding amounts on tax returns.
-7-
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
checkbox,
or
Incorrect payee name,
or
A.
Form 1097, 1098, 1099, 3921, 3922, 5498, or W-2G
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
not have been filed.
B.
Form 1096
1. Prepare a new transmittal Form 1096.
2. Provide all requested information on the form as it applies to Part A, 1 and 2.
3. File Form 1096 and Copy A of the return with the appropriate service center.
4. Do not include a copy of the original return that was filed incorrectly.
These errors require only one return to
make the correction.
Caution: If you must correct a TIN and/or
a name and address, follow the
instructions under Error Type 2.
Error Type 2
Correction
No payee TIN (SSN, EIN, QI-EIN, or
ITIN),
or
Incorrect payee TIN,
or
Incorrect name and address,
or
Step 1. Identify incorrect return
submitted.
1. Prepare a new information return.
2. Enter an “X” in the “CORRECTED” box (and date
(optional)) at the top of the form.
3. Enter the payer, recipient, and account number
information exactly as it appeared on the original
incorrect return; however, enter 0 (zero) for all money
amounts.
Original return filed using wrong type
of return (for example, a Form 1099-DIV
was filed when a Form 1099-INT should
have been filed).
Step 2. Report correct information.
A. Form 1097, 1098, 1099, 3921, 3922, 5498, or W-2G
1. Prepare a new information return.
2. Do not enter an “X” in the “CORRECTED” box at
the top of the form. Prepare the new return as though it is
an original.
3. Include all the correct information on the form
including the correct TIN, name, and address.
Two separate returns are required to
make the correction properly. Follow all
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 and Address.
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 service center.
5. Do not include a copy of the original return that
was filed incorrectly.
-8-
Gen. Instr. for Certain Info. Returns (2014)
Generally, the electronic system must:
1. Ensure the information received is the information sent
and document all occasions of user access that result in the
submission.
2. Make reasonably certain the person accessing the
system and submitting the form is the person identified on
Form W-9.
3. Provide the same information as the paper Form W-9.
4. Be able to supply a hard copy of the electronic Form
W-9 if the IRS requests it.
5. 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.
Therefore, it is important that you furnish correct names,
social security numbers (SSNs), individual taxpayer
identification numbers (ITINs), employer identification
numbers (EINs), or adoption taxpayer identification numbers
(ATINs) 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
CAUTION
W-8BEN. See Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities, and Pub. 519, U.S.
Tax Guide for Aliens.
!
TIP
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/irsirbs/irb01-36.pdf.
You may be subject to a penalty for an incorrect or missing
TIN on an information return. See part O. 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, ITINs, and ATINs), and you may use such information
only to comply with the tax laws.
Electronic submission of Forms W-9S. See the
Instructions for Forms 1098-E and 1098-T.
If the recipient does not provide a TIN, leave the box
for the recipient's TIN blank on the Form 1097, 1098,
1099, 3921, 3922, 5498, or W-2G. Only one
recipient TIN can be entered on the form. Backup withholding
may apply; see part N.
K. Filer's Name, Identification
Number, and Address
TIP
The TIN for filers of information returns, including sole
proprietors and nominees/middlemen, is the 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 TIN for individual recipients of information returns is
the SSN, ITIN, or ATIN. See Sole proprietors, earlier. 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 Limited Liability Company (LLC), earlier.
SSNs, ITINs, and ATINs have nine digits separated by two
hyphens (000-00-0000), and EINs have nine digits separated
by only one hyphen (00-0000000). Note. Make sure you
include the hyphen(s) in the correct place(s) when
completing the paper form(s).
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.
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 and 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.
Gen. Instr. for Certain Info. Returns (2014)
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.
If you do not have an EIN, you may apply for one online.
Go to IRS.gov and under Online Services click on Apply for
an Employer Identification Number (EIN) Online. 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.
L. Account Number Box on Forms
Use the account number box on Forms 1097, 1098, 1099,
3921, 3922, and 5498 for an account number designation.
-9-
identification number on the payee statement (including
substitute and composite substitute statements) furnished to
the payee in paper form or electronically. Generally, the
payee statement is that copy of an information return
designated "Copy B" on the form. A "payee" is any person
who is required to receive a copy of the information set forth
on an information return by the filer of the return. For some
forms, the term "payee" will refer to beneficiary, borrower,
debtor, insured, participant, payer, policyholder, recipient,
shareholder, student, or transferor. If a filer truncates an
identification number on Copy B, other copies of the form
furnished to the payee may also include a truncated number.
A filer may not truncate a payee's identification number on
any forms filed with the IRS or with state or local
governments, or on any payee statement not in the Form
1098, Form 1099, or Form 5498 series. A filer's identification
number may not be truncated. A payee's EIN may not be
truncated. To truncate, replace the first 5 digits of the 9-digit
number with asterisks (*) or Xs (for example, an SSN
xxx-xx-xxxx would appear on the paper payee statement as
***-**-xxxx or XXX-XX-xxxx). The proposed regulations are
available at www.irs.gov/irb/2013-07_IRB/ar10.html. The
proposed regulations implement an earlier pilot program set
forth in Notice 2011-38, 2011-20 I.R.B. 785 (available at
www.irs.gov/irb/2011-20_IRB/ar09.html).
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
(Beneficiaries, Borrowers, Debtors,
Donors, Employees, Insureds,
Participants, Payers, Policyholders,
Shareholders, Students, Transferors,
or Winners on Certain Forms)
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.
TIP
If you are required to file Forms 1097, 1098, 1099, 3921,
3922, 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.
Report the type of payment information as described next
for: (a) Dividend, interest, and royalty payments; (b) Real
estate transactions; and (c) Other information.
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 IRS.gov.
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, later). 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,
Telephone number. You are required to include the
telephone number of a person to contact on the following
statements to recipients: W-2G, 1097-BTC, 1098, 1098-C,
1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP,
1099-DIV, 1099-G (excluding state and local income tax
refunds), 1099-INT, 1099-K, 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.
Truncating payee identification number on payee statements (Forms 1098 series, 1099 series, and 5498 series). Proposed regulations (REG-148873-09) permit filers of
information returns in the Form 1098 series (with the
exception of Form 1098-C), Form 1099 series, and Form
5498 series to truncate an individual payee's SSN, ITIN, or
ATIN on payee statements. Filers may truncate a payee's
-10-
Gen. Instr. for Certain Info. Returns (2014)
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.
Form W-9, or other Forms W-2G, 1097, 1098, 1099, 3921,
3922, 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 1097, 1098, 1099, 3921, 3922, 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.
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.
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
Settlement Statement (under the Real Estate Settlement
Procedures Act (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
February 15 of the following year.
The statement mailing requirements explained earlier 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
1097-BTC, 1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-B,
1099-C, 1099-CAP, 1099-G, 1099-K, 1099-LTC, 1099-MISC,
1099-Q, 1099-R, 1099-SA, 3921, 3922, 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, earlier. 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.
If you provide Forms 1097, 1098, 1099, 3921, 3922,
5498, or W-2G recipient statements in a “separate
mailing” that contains only these 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.
TIP
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, later. For Forms 1099-S,
see Real estate transactions, later.
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.
TIP
When to furnish forms or statements. Generally, you
must furnish Forms 1098, 1099, 3921, 3922, and W-2G
information by February 2, 2015. Forms 1099-B, 1099-S, and
1099-MISC (only if you are reporting payments in boxes 8 or
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
Gen. Instr. for Certain Info. Returns (2014)
-11-
substitute) to a recipient, then you may furnish the statement
electronically instead of on paper. This includes furnishing
the statement to recipients of Forms 1097-BTC, 1098,
1098-E, 1098-T, 1099-A, B, C, CAP, DIV, G, H, INT, K, LTC,
MISC, OID, PATR, Q, R, S, SA, 3921, 3922, 5498,
5498-ESA, and 5498-SA. It also includes Form W-2G
(except for horse and dog racing, jai alai, sweepstakes,
wagering pools, and lotteries).
14) must be furnished by February 17, 2015. This also
applies to statements furnished as part of a consolidated
reporting statement. See T.D. 9504, 2010-47 I.R.B. 670,
available at www.irs.gov/irb/2010-47_IRB/ar08.html.
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 17, 2015.
Furnish Form 1097-BTC to the recipient for each month in
which a tax credit amount is allowable to the recipient on or
before the 15th day of the second calendar month after the
close of the calendar month in which the credit is allowed.
For more information, see the Instructions for Form
1097-BTC.
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, 2015. The
fair market value of SEP IRAs must also be furnished to the
participant by February 2, 2015. Traditional IRA, Roth IRA,
SEP, or SIMPLE contribution information must be furnished
to the participant by June 1, 2015. However, Coverdell ESA
contribution information must be furnished to the beneficiary
by April 30, 2015.
Trustees of a SIMPLE must furnish a statement of the
account balance and the account activity by February 2,
2015.
Trustees and middlemen of a WHFIT must furnish the
required statement by March 16, 2015.
For real estate transactions, you may furnish the
statement to the transferor at closing or by mail on or before
February 17, 2015.
Filers of Form 1099-G who report state or local income tax
refunds, credits, or offsets must furnish the statements to
recipients by February 2, 2015.
Filers of Forms 5498 or 5498-SA who furnish a statement
of FMV of the account to the participant by February 2, 2015,
with no reportable contributions, including rollovers, made in
2014, need not furnish another statement by June 1, 2015, to
the participant to report zero contributions. If another
statement is not furnished to the participant, the statement of
the FMV of the account must contain a legend designating
which information is being filed with the Internal Revenue
Service.
Filers of Form 5498-ESA must furnish the required
statement by April 30, 2015.
See the Guide to Information Returns, later, for the date
other information returns are due to the recipient.
You will meet the requirement to furnish the statement if it
is properly addressed and mailed, or, with respect to
electronic recipient statements, posted to a website, on or
before the due date. If the regular due date falls on a
Saturday, Sunday, or legal holiday, the due date is the next
business day. A business day is any day that is not a
Saturday, Sunday, or legal holiday.
!
Until further guidance is issued to the contrary, Form
1098-C may not be furnished electronically.
CAUTION
If you meet the requirements that follow, you are treated
as furnishing the statement timely.
Consent. The recipient must consent in the affirmative
and not have withdrawn the consent before the statement is
furnished. The consent by the recipient must be made
electronically in a way that shows that he or she can access
the statement in the electronic format in which it will be
furnished.
You must notify the recipient of any hardware or software
changes prior to furnishing the statement. A new consent to
receive the statement electronically is required after the new
hardware or software is put into service.
Prior to furnishing the statements electronically, you must
provide the recipient a statement with the following
statements prominently displayed.
If the recipient does not consent to receive the statement
electronically, a paper copy will be provided.
The scope and duration of the consent. For example,
whether the consent applies to every year the statement is
furnished or only for the January 31 or February 15, as
applicable, immediately following the date of the consent.
How to obtain a paper copy after giving consent.
How to withdraw the consent. The consent may be
withdrawn at any time by furnishing the withdrawal in writing
(electronically or on paper) to the person whose name
appears on the statement. Confirmation of the withdrawal
also will be in writing (electronically or on paper).
Notice of termination. The notice must state under what
conditions the statements will no longer be furnished to the
recipient.
Procedures to update the recipient's information.
A description of the hardware and software required to
access, print, and retain a statement, and a date the
statement will no longer be available on the website.
Format, posting, and notification. Additionally, you
must:
Ensure the electronic format contains all the required
information and complies with the applicable revenue
procedure for substitute statements to recipients in Pub.
1179.
Post, on or before the January 31 or February 15, as
applicable, due date, the applicable statement on a website
accessible to the recipient through October 15 of that year.
Inform the recipient, electronically or by mail, of the posting
and how to access and print the statement.
For more information, see Regulations section 31.6051-1.
For electronic furnishing of Forms 1098-E and 1098-T, see
Regulations section 1.6050S-2. For electronic furnishing of
Forms 1099-R, 1099-SA, 1099-Q, 5498, 5498-ESA, and
5498-SA, see Notice 2004-10, 2004-6 I.R.B. 433, available at
www.irs.gov/irb/2004-06_IRB/ar12.html. For electronic
furnishing of Forms 3921 and 3922, see the form
Electronic recipient statements. If you are required to
furnish a written statement (Copy B or an acceptable
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Gen. Instr. for Certain Info. Returns (2014)
instructions. For electronic furnishing of Form 1099-K, see
Regulations section 1.6050W-2(a)(2)(i).
Wages.
Distributions from a pension, annuity, profit-sharing or
stock bonus plan, any IRA, an owner-employee plan, or other
deferred compensation plan.
Distributions from a medical or health savings account and
long-term care benefits.
Certain surrenders of life insurance contracts.
Distribution from qualified tuition programs or Coverdell
ESAs.
Gambling winnings if regular gambling winnings
withholding is required under section 3402(q). However, if
regular gambling winnings withholding is not required under
section 3402(q), backup withholding applies if the payee fails
to furnish a TIN.
Real estate transactions reportable under section 6045(e).
Cancelled debts reportable under section 6050P.
Fish purchases for cash reportable under section 6050R.
Certain payment card transactions reportable under
section 6050W.
Extension. You may request an extension of time to furnish
the statements to recipients by sending a letter to Internal
Revenue Service, Information Returns Branch, Attn:
Extension of Time Coordinator, 240 Murall Drive, Mail Stop
4360, Kearneysville, WV 25430. The letter must include (a)
payer name, (b) payer TIN, (c) payer address, (d) type of
return, (e) a statement that extension request is for providing
statements to recipients, (f) reason for delay, and (g) the
signature of the payer or authorized agent. Your request
must be postmarked by the date on which the statements are
due to the recipients. If your request for an extension is
approved, generally you will be granted a maximum of 30
extra days to furnish the recipient statements.
!
CAUTION
Sec. 4.
Requests for an extension of time to furnish recipient
statements for more than 10 payers must be
submitted electronically. See Pub. 1220, Part D,
When to apply backup withholding. Generally, the period
for which the 28% should be withheld is as follows.
1. Failure to furnish TIN in the manner required.
Withhold on payments made until the TIN is furnished in the
manner required. Special backup withholding rules may
apply if the payee has applied for a TIN. The payee may
certify to this on Form W-9 by noting “Applied For” in the TIN
block and by signing the form. This form then becomes an
“awaiting-TIN” certificate, and the payee has 60 days to
obtain a TIN and furnish it to you. If you do not receive a TIN
from the payee within 60 days and you have not already
begun backup withholding, begin backup withholding and
continue until the TIN is provided.
N. Backup Withholding
Interest (including tax-exempt interest and exempt-interest
dividends), dividends, rents, royalties, commissions,
nonemployee compensation, and certain other payments
(including broker and barter exchange transactions,
compensation paid to an H-2A visa holder who did not
furnish a TIN, reportable gross proceeds paid to attorneys,
and certain payments made by fishing boat operators) may
be subject to backup withholding at a 28% rate. To be
subject to backup withholding, a payment must be a
reportable interest (including tax-exempt interest and
exempt-interest dividends) or a dividend payment under
sections 6049(a), 6042(a), or 6044 (if the patronage dividend
is paid in money or qualified check), or an “other” reportable
payment under sections 6041, 6041A(a), 6045, 6050A,
6050N, or 6050W. If the payment is one of these reportable
payments, backup withholding will apply if:
1. The payee fails to furnish his or her taxpayer
identification number (TIN) to you,
2. For interest, dividend, and broker and barter exchange
accounts opened or instruments acquired after 1983, the
payee fails to certify, under penalties of perjury, that the TIN
provided is correct,
3. The IRS notifies you to impose backup withholding
because the payee furnished an incorrect TIN,
4. For interest and dividend accounts or instruments, you
are notified that the payee is subject to backup withholding
(under section 3406(a)(1)(C)), or
5. For interest and dividend accounts opened or
instruments acquired after 1983, the payee fails to certify to
you, under penalties of perjury, that he or she is not subject
to backup withholding. See 4 under When to apply backup
withholding below.
!
CAUTION
The 60-day exemption from backup withholding
applies only to interest and dividend payments and
CAUTION
certain payments made with respect to readily
tradable instruments. Therefore, any other payment, such as
nonemployee compensation, is subject to backup
withholding even if the payee has applied for and is awaiting
a TIN. For information about whether backup withholding
applies during the 60-day period, see Regulations section
31.3406(g)-3.
!
2. Notice from the IRS that payee's TIN is incorrect.
You may choose to withhold on any reportable payment
made to the account(s) subject to backup withholding after
receipt of a backup withholding notice, but you must withhold
on any reportable payment made to the account more than
30 business days after you received the notice. Stop
withholding within 30 days after you receive a certified Form
W-9 (or other form that requires the payee to certify under
penalty of perjury).
The IRS will furnish a notice to you, and you are
required to promptly furnish a “B” notice, or an
acceptable substitute, to the payee. For further
information, see Regulations section 31.3406(d)-5 and Pub.
1281, Backup Withholding for Missing and Incorrect Name/
TIN(s).
TIP
If you do not collect and pay over backup
withholding from affected payees as required, you
may become liable for any uncollected amount.
If you receive two incorrect TIN notices within 3 years for the
same account, follow the procedures in Regulations section
31.3406(d)-5(g) and Pub. 1281.
3. Notice from the IRS that payee is subject to backup
withholding due to notified payee underreporting. You
may choose to withhold on any reportable payment made to
the account(s) subject to backup withholding after receipt of
Some payees are exempt from backup withholding. For a
list of exempt payees and other information, see Form W-9
and the separate Instructions for the Requester of Form W-9.
Examples of payments to which backup withholding does
not apply include but are not limited to:
Gen. Instr. for Certain Info. Returns (2014)
-13-
to a penalty. The penalty applies if you fail to file timely, you
fail to include all information required to be shown on a
return, or you include incorrect information on a return. The
penalty also applies if you file on paper when you were
required to file electronically, you report an incorrect TIN or
fail to report a TIN, or you fail to file paper forms that are
machine readable.
the notice, but you must withhold on any reportable payment
made to the 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
certification from the IRS stating when the withholding should
stop. In most cases, the stop date will be January 1 of the
year following the year of the notice.
TIP
You must notify the payee when withholding under
this procedure starts. For further information, see
Regulations section 31.3406(c)-1(d).
The amount of the penalty is based on when you file the
correct information return. The penalty is:
$30 per information return if you correctly file within 30
days (by March 30 if the due date is February 28); maximum
penalty $250,000 per year ($75,000 for small businesses,
defined below).
$60 per information return if you correctly file more than
30 days after the due date but by August 1; maximum penalty
$500,000 per year ($200,000 for small businesses).
$100 per information return if you file after August 1 or you
do not file required information returns; maximum penalty
$1,500,000 per year ($500,000 for small businesses).
4. Payee failure to certify that he or she is not subject
to backup withholding. Withhold on reportable interest
and dividends until the certification has been received.
For exceptions to these general timing rules, see section
3406(e).
TIP
For special rules on backup withholding on gambling
winnings, see the separate Instructions for Forms
W-2G and 5754.
Reporting backup withholding. Report backup
withholding on Form 945, Annual Return of Withheld Federal
Income Tax. Also, report backup withholding and the amount
of the payment on Forms W-2G, 1099-B, DIV, G, INT, MISC,
OID, or PATR even if the amount of the payment is less than
the amount for which an information return is normally
required.
Form 945. Report backup withholding, voluntary
withholding on certain government payments, and
withholding from gambling winnings, pensions, annuities,
IRAs, military retirement, and Indian gaming profits on Form
945. Generally, file Form 945 for 2014 by February 2, 2015.
For more information, including the deposit requirements for
Form 945, see the separate Instructions for Form 945 and
Circular E, Employer's Tax Guide (Pub. 15).
Do not report on Form 945 any income tax withholding
reported on the following forms.
Form W-2 including withholding on distributions to plan
participants from nonqualified plans that must be reported on
Form 941, Employer's Quarterly Federal Tax Return.
Form 1042-S must be reported on Form 1042, Annual
Withholding Tax Return for U.S. Source Income of Foreign
Persons.
!
CAUTION
Small businesses—lower maximum penalties. You are a
small business if your average annual gross receipts for the 3
most recent tax years (or for the period you were in
existence, if shorter) ending before the calendar year in
which the information returns were due are $5 million or less.
Exceptions to the penalty. The following are exceptions to
the failure to file penalty.
1. The penalty will not apply to any failure that you can
show was due to reasonable cause and not to willful neglect.
In general, you must be able to show that your failure was
due to an event beyond your control or due to significant
mitigating factors. You must also be able to show that you
acted in a responsible manner and took steps to avoid the
failure.
2. An inconsequential error or omission is not considered
a failure to include correct information. An inconsequential
error or omission does not prevent or hinder the IRS from
processing the return, from correlating the information
required to be shown on the return with the information
shown on the payee's tax return, or from otherwise putting
the return to its intended use. Errors and omissions that are
never inconsequential are those related to (a) a TIN, (b) a
payee's surname, and (c) any money amount.
3. De minimis rule for corrections. Even though you
cannot show reasonable cause, the penalty for failure to file
correct information returns will not apply to a certain number
of returns if you:
a. Filed those information returns,
b. Either failed to include all the information required on a
return or included incorrect information, and
c. Filed corrections by August 1.
Pub. 515 has more information on Form 1042
reporting, partnership withholding on effectively
connected income, and dispositions of U.S. real
property interests by a foreign person.
TIP
Additional information. For more information about
backup withholding, see Pub. 1281.
O. Penalties
The following penalties generally apply to the person
required to file information returns. The penalties apply to
paper filers as well as to electronic filers.
TIP
If you do not file corrections and you do not meet
any of the exceptions to the penalty described
earlier, the penalty is $100 per information return.
For information on the penalty for failure to file
electronically, see Penalty, earlier, in part F.
If you meet all the conditions in a, b, and c above, the penalty
for filing incorrect returns (but not for filing late) will not apply
to the greater of 10 information returns or 1 2 of 1% of the total
number of information returns you are required to file for the
calendar year.
Failure To File Correct Information Returns by
the Due Date (Section 6721)
Intentional disregard of filing requirements. If any failure
to file a correct information return is due to intentional
disregard of the filing or correct information requirements, the
If you fail to file a correct information return by the due date
and you cannot show reasonable cause, you may be subject
-14-
Gen. Instr. for Certain Info. Returns (2014)
Civil Damages for Fraudulent Filing of
Information Returns (Section 7434)
penalty is at least $250 per information return with no
maximum penalty.
If you willfully file a fraudulent information return for payments
you claim you made to another person, that person may be
able to sue you for damages. You may have to pay $5,000
or more.
Failure To Furnish Correct Payee Statements
(Section 6722)
If you fail to provide correct payee statements and you
cannot show reasonable cause, you may be subject to a
penalty. The penalty applies if you fail to provide the
statement by January 31 (February 15 for Forms 1099-B,
1099-S, and 1099-MISC (boxes 8 and 14 only)) (see part M),
you fail to include all information required to be shown on the
statement, or you include incorrect information on the
statement. “Payee statement” has the same meaning as
“statement to recipient” as used in part M.
P. Payments to Corporations and
Partnerships
Generally, payments to corporations are not reportable. See
Regulations section 1.6049-4(c)(1)(ii). However, you must
report payments to corporations for the following.
Medical and health care payments (Form 1099-MISC),
Withheld federal income tax or foreign tax,
Barter exchange transactions (Form 1099-B),
Substitute payments in lieu of dividends and tax-exempt
interest (Form 1099-MISC),
Acquisitions or abandonments of secured property (Form
1099-A),
Cancellation of debt (Form 1099-C),
Payments of attorneys' fees and gross proceeds paid to
attorneys (Form 1099-MISC),
Fish purchases for cash (Form 1099-MISC),
The credits for qualified tax credit bonds treated as interest
and reported on Form 1099-INT,
Merchant card and third-party network payments (Form
1099-K), and
Federal executive agency payments for services (Form
1099-MISC). For additional reporting requirements, see Rev.
Rul. 2003-66 on page 1115 of Internal Revenue Bulletin
2003-26 at www.irs.gov/pub/irs-irbs/irb03-26.pdf.
The amount of the penalty is based on when you furnish
the correct payee statement. It is a separate penalty, and is
applied in the same manner as the penalty for failure to file
correct information returns by the due date (Section 6721),
described earlier.
Exception. An inconsequential error or omission is not
considered a failure to include correct information. An
inconsequential error or omission cannot reasonably be
expected to prevent or hinder the payee from timely receiving
correct information and reporting it on his or her income tax
return or from otherwise putting the statement to its intended
use. Errors and omissions that are never inconsequential are
those relating to (a) a dollar amount, (b) a significant item in a
payee's address, (c) the appropriate form for the information
provided (that is, whether the form is an acceptable
substitute for the official IRS form), and (d) whether the
statement was furnished in person or by “statement mailing,”
when required.
Intentional disregard of payee statement requirements.
If any failure to provide a correct payee statement is due to
intentional disregard of the requirements to furnish a correct
payee statement, the penalty is at least $250 per payee
statement with no maximum penalty.
Reporting generally is required for all payments to
partnerships. For example, payments of $600 or more made
in the course of your trade or business to an architectural firm
that is a partnership are reportable on Form 1099-MISC.
Q. Earnings on any IRA, Coverdell
ESA, Archer MSA, or HSA
Forms 1099-Q, 1099-SA, 5498, 5498-ESA, and
5498-SA (Section 6693)
The penalties under sections 6721 and 6722 do not apply to:
Forms
Generally, income earned in any IRA, Coverdell ESA, Archer
MSA, or HSA, such as interest or dividends, is not reported
on Forms 1099. However, distributions from such
arrangements or accounts must be reported on Form
1099-R, 1099-Q, or 1099-SA.
Filed Under Code Section
1099-SA and 5498-SA
220(h) and 223(h)
5498
408(i) and 408(l)
5498-ESA
530(h)
1099-Q
529(d) and 530(h)
R. Certain Grantor Trusts
Certain grantor trusts (other than WHFITs) may choose to file
Forms 1099 rather than a separate statement attached to
Form 1041, U.S. Income Tax Return for Estates and Trusts. If
you have filed Form 1041 for a grantor trust in the past and
you want to choose the Form 1099 filing method for 2014,
you must have filed a final Form 1041 for 2013. To change
reporting method, see Regulations section 1.671-4(g) and
the Instructions for Form 1041 and Schedules A, B, D, G, I, J,
and K-1.
The penalty for failure to timely file Forms 1099-SA,
5498-SA, 5498, 5498-ESA, or 1099-Q is $50 per return with
no maximum, unless the failure is due to reasonable cause.
See section 6693.
Fraudulent Acknowledgments With Respect to
Donations of Motor Vehicles, Boats, and
Airplanes (Section 6720)
For more information on WHFITs, see Widely held fixed
investment trusts (WHFITs), earlier.
If you are required under section 170(f)(12)(A) to furnish a
contemporaneous written acknowledgment to a donor and
you knowingly furnish a false or fraudulent Form 1098-C, or
knowingly fail to furnish a Form 1098-C within the applicable
30-day period, you may be subject to a penalty. See the
2014 Instructions for Form 1098-C for more detailed
information.
Gen. Instr. for Certain Info. Returns (2014)
-15-
withholding foreign trust), or, for payments for which a
reduced rate of withholding is claimed under an income tax
treaty, any entity to the extent the entity is considered to be
fiscally transparent under section 894 with respect to the
payment by an interest holder's jurisdiction.
Withholding foreign partnership or withholding
foreign trust. A withholding foreign partnership or
withholding foreign trust is a foreign partnership or a foreign
simple or grantor trust that has entered into a withholding
agreement with the IRS in which it agrees to assume primary
withholding responsibility for all payments that are made to it
for its partners, beneficiaries, or owners. See Rev. Proc.
2003-64, as amended by Rev. Proc. 2004-21 and modified
by Rev. Proc. 2005-77, for procedures for entering into a
withholding foreign partnership or trust agreement.
Nonwithholding foreign partnership, simple trust, or
grantor trust. A nonwithholding foreign partnership is any
foreign partnership other than a withholding foreign
partnership. A nonwithholding foreign simple trust is any
foreign simple trust that is not a withholding foreign trust. A
nonwithholding foreign grantor trust is any foreign grantor
trust that is not a withholding foreign trust.
Fiscally transparent entity. An entity is treated as
fiscally transparent with respect to an item of income to the
extent that the interest holders in the entity must, on a current
basis, take into account separately their shares of an item of
income paid to the entity, whether or not distributed, and
must determine the character of the items of income as if
they were realized directly from the sources from which they
were realized by the entity. For example, partnerships,
common trust funds, and simple trusts or grantor trusts are
generally considered to be fiscally transparent with respect to
items of income received by them.
S. Special Rules for Reporting
Payments Made Through Foreign
Intermediaries and Foreign
Flow-Through Entities on Form 1099
If you are the payer and have received a Form W-8IMY,
Certificate of Foreign Intermediary, Foreign Flow-Through
Entity, or Certain U.S. Branches for United States Tax
Withholding, from a foreign intermediary or flow-through
entity, follow the instructions for completing Form 1099, later.
Definitions
Foreign intermediary. A foreign intermediary is any person
who is not a U.S. person and acts as a custodian, broker,
nominee, or otherwise as an agent for another person,
regardless of whether that other person is the beneficial
owner of the amount paid, a flow-through entity, or another
intermediary. The intermediary can be a qualified
intermediary or a nonqualified intermediary.
Qualified intermediary (QI). A QI is a person that is a
party to a withholding agreement with the IRS and is:
A foreign financial institution or a foreign clearing
organization (other than a U.S. branch or U.S. office of the
institution or organization),
A foreign branch or office of a U.S. financial institution or a
foreign branch or office of a U.S. clearing organization,
A foreign corporation for purposes of presenting claims of
benefits under an income tax treaty on behalf of its
shareholders, or
Any other person the IRS accepts as a qualified
intermediary and who enters into a withholding agreement
with the IRS.
For details on QI agreements, see:
Rev. Proc. 2000-12 on page 387 of Internal Revenue
Bulletin 2000-4 at www.irs.gov/pub/irs-irbs/irb00-04.pdf;
Modified by Rev. Proc. 2003-64, Section 4A (Appendix 3),
on page 306 of Internal Revenue Bulletin 2003-32 at
www.irs.gov/pub/irs-irbs/irb03-32.pdf;
Further modified by Rev. Proc. 2004-21, 2004-14 I.R.B.
702, available at www.irs.gov/irb/2004-14_IRB/ar10.html;
and
Modified Rev. Proc. 2005-77, which amends the final
withholding partnership and withholding foreign trust
agreements by expanding the availability of simplified
documentation, reporting, and withholding procedures,
further modifying Rev. Proc. 2003-64. See Rev. Proc.
2005-77, 2005-51 I.R.B. 1176, available at www.irs.gov/irb/
2005-51_IRB/ar13.html.
Presumption Rules
For additional information including details on the
presumption rules, see the Instructions for the
Requester of Forms W-8BEN, W-8ECI, W-8EXP,
and W-8IMY and Pub. 515. To order, see How To Get
Forms, Publications, and Other Assistance under part T.
TIP
If you are the payer and do not have a Form W-9, appropriate
Form W-8, or other valid documentation, or you cannot
allocate a payment to a specific payee, prior to payment, you
are required to use certain presumption rules to determine
the following.
The status of the payee as a U.S. or foreign person and
The classification of the payee as an individual, trust,
estate, corporation, or partnership.
See Regulations sections 1.1441-1(b)(3), 1.1441-5(d)
and (e), 1.6045-1(g)(3)(ii), and 1.6049-5(d).
Generally, a branch of a financial institution may not
operate as a QI in a country that does not have
CAUTION
approved know-your-customer (KYC) rules.
Branches of financial institutions that operate in non-KYC
approved jurisdictions will be required to act as nonqualified
intermediaries. For additional information, see Notice
2006-35, 2006-14 I.R.B. 708, available at www.irs.gov/irb/
2006-14_IRB/ar13.html.
Under these presumption rules, if you must presume that
the payee is a U.S. nonexempt recipient subject to backup
withholding, you must report the payment on a Form 1099.
However, if before filing Form 1099 with the IRS the recipient
is documented as foreign, then report the payment on a
Form 1042-S.
!
Conversely, if you must presume that the payee is a
foreign recipient and prior to filing Form 1042-S with the IRS
you discover that the payee is a U.S. nonexempt recipient
based on documentation, then report all payments made to
that payee during the calendar year on a Form 1099.
Nonqualified intermediary (NQI). An NQI is any
intermediary that is not a U.S. person and that is not a QI.
Foreign flow-through entity (FTE). An FTE is a foreign
partnership (other than a withholding foreign partnership), a
foreign simple trust or foreign grantor trust (other than a
If you use the 90-day grace period rule to presume a
payee is foreign, you must file a Form 1042-S to report all
-16-
Gen. Instr. for Certain Info. Returns (2014)
payments subject to withholding during the grace period. If
you later discover that the payee is a U.S. nonexempt
recipient subject to backup withholding, you must file a Form
1099 for all payments made to that payee after the discovery
of the payee's U.S. status.
Exceptions. The following payments are not subject to
reporting by a non-U.S. payer.
1. A foreign source reportable payment paid outside the
United States. For example, see Regulations section
1.6049-5(b)(6).
2. Gross proceeds from a sale effected outside the
United States. See Regulations section 1.6045-1(a).
3. An NQI or QI that provides another payer all the
information sufficient for that payer to complete Form 1099
reporting. For example, see Regulations section 1.6049-5(b)
(14). However, if an NQI or QI does not provide sufficient
information for another payer to report a payment on Form
1099, the intermediary must report the payment.
Rules for Payments Made to U.S. Nonexempt
Recipients Through a QI, NQI, or FTE
If you are the payer making a payment through a QI, NQI, or
FTE for a U.S. nonexempt recipient on whose behalf the QI,
NQI, or FTE is acting, use the following rules to complete
Form 1099.
Known recipient. If you know that a payee is a U.S.
nonexempt recipient and have the payee's name, address,
and TIN (if a TIN has been provided), you must complete the
Form 1099 with that information. Also, on the second name
line below the recipient's name, enter “IMY” followed by the
name of the QI, NQI, or FTE.
Rules for Reporting Payments Initially Reported
on Form 1042-S
If an NQI or QI receives a Form 1042-S made out to an
“unknown recipient” and the NQI or QI has actual knowledge
that the payee of the income is a U.S. nonexempt recipient, it
must file a Form 1099 even if the payment has been subject
to withholding by another payer. The NQI or QI reports the
amount withheld by the other payer on Form 1099 as federal
income tax withheld.
For payments made to multiple recipients: (a) enter the
name of the recipient whose status you relied on to
determine the applicable rate of withholding and (b) on the
second name line, enter “IMY” followed by the name of the
QI, NQI, or FTE. However, if the QI has assumed primary
Form 1099 reporting or backup withholding responsibility,
you are not required to issue the Form 1099 or to backup
withhold. See Qualified intermediary (QI), earlier.
T. How To Get Tax Help
Unknown recipient. If you cannot reliably associate a
payment with valid documentation and are required to
presume a payee is a U.S. nonexempt recipient:
1. File a Form 1099 and enter “unknown recipient” on the
first name line.
2. On the second name line, enter “IMY” followed by the
name of the QI, NQI, or FTE.
3. Enter the EIN of the QI, NQI, or FTE, if applicable, in
the recipient's identification number box.
4. Furnish a copy of the Form 1099 with “unknown
recipient” to the QI, NQI, or FTE who is acting on the
recipient's behalf.
Information Reporting Program Customer
Service Section
If you have questions about reporting on Forms 1096, 1097,
1098, 1099, 3921, 3922, 5498, W-2, W-2G, and W-3, you
may call a toll-free number, 1-866-455-7438. You may still
use the original telephone number, 304-263-8700 (not toll
free). Persons with a hearing or speech disability with access
to TTY/TDD equipment can call 304-579-4827 (not toll free).
Other tax-related matters. For other tax information related
to business returns or accounts, call 1-800-829-4933.
If you have a hearing or speech disability and have access
to TTY/TDD equipment call, 1-800-829-4059 to ask tax
account questions.
A payer that is required to report payments made to
a U.S. nonexempt recipient account holder but does
CAUTION
not receive the necessary allocation information
cannot report those payments on a pro rata basis. Report
unallocated payments using the presumption rules described
above.
!
Internal Revenue Bulletin
The Internal Revenue Bulletin (IRB), published weekly,
contains newly issued regulations, notices, announcements,
legislation, court decisions, and other items of general
interest. You may find this publication useful to keep you up
to date with current developments. See How To Get Forms,
Publications, and Other Assistance, later.
Rules for Non-U.S. Payers
Non-U.S. payers (foreign persons that are not U.S. payers)
generally have the same reporting obligations as U.S.
payers. A U.S. payer is anyone who is:
A U.S. person,
Any U.S. governmental agency,
A controlled foreign corporation (CFC),
A foreign partnership that has one or more U.S. partners
who, in the aggregate, hold more than 50% of the gross
income derived from the conduct of a U.S. trade or business,
A foreign person who owns 50% or more of the gross
income that is effectively connected with a U.S. trade or
business, or
A U.S. branch of a foreign bank or a foreign insurance
company.
Contacting Your Taxpayer Advocate
The Taxpayer Advocate Service Is Here to Help You. The
Taxpayer Advocate Service (TAS) is your voice at the IRS.
Our job is to ensure that every taxpayer is treated fairly and
that you know and understand your rights.
What can TAS do for you? We can offer you free help
with IRS problems that you can't resolve on your own. We
know this process can be confusing, but the worst thing you
can do is nothing at all! TAS can help if you can't resolve your
tax problem and:
Your problem is causing financial difficulties for you, your
family, or your business.
You face (or your business is facing) an immediate threat
of adverse action.
For more information, see Regulations section
1.6049-5(c)(5).
Gen. Instr. for Certain Info. Returns (2014)
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You've tried repeatedly to contact the IRS but no one has
responded, or the IRS hasn't responded by the date
promised.
Access commercial tax preparation and e-file services.
Download forms, including talking tax forms, instructions,
and publications.
Order IRS products online.
Research your tax questions online.
Search publications online by topic or keyword.
Use the online Internal Revenue Code, regulations, or
other official guidance.
View Internal Revenue Bulletins (IRBs) published in the
last few years.
Sign up to receive local and national tax news by email.
If you qualify for our help, you'll be assigned to one
advocate who'll be with you at every turn and will do
everything possible to resolve your problem. Here's why we
can help:
TAS is an independent organization within the IRS.
Our advocates know how to work with the IRS.
Our services are free and tailored to meet your needs.
We have offices in every state, the District of Columbia,
and Puerto Rico.
How can you reach us? If you think TAS can help you,
call your local advocate, whose number is in your local
directory and at Taxpayer Advocate, or call us toll-free at
1-877-777-4778.
How else does TAS help taxpayers? TAS also works to
resolve large-scale, systemic problems that affect many
taxpayers. If you know of one of these broad issues, please
report it to us through our Systemic Advocacy Management
System
Taxpayer Advocacy Panel (TAP). The TAP listens to
taxpayers, identifies taxpayer issues, and makes
suggestions for improving IRS services and customer
satisfaction. If you have suggestions for improvements,
contact the TAP toll free at 1-888-912-1227 or go to
www.improveirs.org.
Phone. Many services are available by phone.
Ordering forms, instructions, and publications. Call
1-800-TAX-FORM (1-800-829-3676) to order current-year
forms, instructions, and publications, and prior-year forms
and instructions (limited to 5 years). You should receive your
order within 10 days.
TTY/TDD equipment. If you have a hearing or speech
disability, and have access to TTY/TDD equipment, call
1-800-829-4059 to order forms and publications. You can
also access the IRS through relay services such as the
Federal Relay Service at www.gsa.gov/fedrelay.
TeleTax topics. Call 1-800-829-4477 to listen to
pre-recorded messages covering various tax topics.
Evaluating the quality of our telephone services. To
ensure IRS representatives give accurate, courteous, and
professional answers, we use several methods to evaluate
the quality of our telephone services. One method is for a
second IRS representative to listen in on or record random
telephone calls. Another is to ask some callers to complete a
short survey at the end of the call.
How To Get Forms, Publications, and Other
Assistance
Because the IRS processes paper forms by
machine (optical character recognition equipment),
CAUTION
you cannot file Form 1096 or Copy A of Forms 1097,
1098, 1099, 3921, 3922, or 5498 that you print from the IRS
website. However, you can use Copy B from those sources
to provide recipient statements.
!
Comments and Suggestions
We welcome your comments about this publication and your
suggestions for future editions.
Free Tax Services
You can write to us at the following address:
Publication 910, IRS Guide to Free Tax Services, is your
guide to IRS services and resources. Learn about free tax
information from the IRS, including publications, services,
and education and assistance programs. The publication
also has an index of over 100 TeleTax topics (recorded tax
information) you can listen to on the telephone. The majority
of the information and services listed in this publication are
available to you free of charge. If there is a fee associated
with a resource or service, it is listed in the publication.
We respond to many letters by telephone. Therefore, it
would be helpful if you would include your daytime phone
number, including the area code, in your correspondence.
Accessible versions of IRS published products are
available on request in a variety of alternative formats for
people with disabilities.
You can send your comments from www.irs.gov/
formspubs/. Click on “More Information” and then on
“Comment on Tax Forms and Publications”.
Mail. You can send your order for forms,
instructions, and publications to the address below.
You should receive a response within 10 days after
your request is received.
Although we cannot respond individually to each comment
received, we do appreciate your feedback and will consider
your comments as we revise our tax products.
Internal Revenue Service
Tax Forms and Publications Division
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Privacy Act and Paperwork Reduction Act Notice. We
ask for the information on these forms to carry out the Internal
Revenue laws of the United States. You are required to give
us the information. We need it to figure and collect the right
amount of tax.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613
Internet. You can access the IRS website at
IRS.gov 24 hours a day, 7 days a week to:
Sections 170(f)(12), 199, 220(h), 223, 408, 408A, 529,
530, 853A, 6039, 6041, 6041A, 6042, 6043, 6044, 6045,
6047, 6049, 6050A, 6050B, 6050D, 6050E, 6050H, 6050J,
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Gen. Instr. for Certain Info. Returns (2014)
6050N, 6050P, 6050Q, 6050R, 6050S, 6050T, 6050U,
6050W and their regulations require you to file an information
return with the IRS and furnish a statement to recipients.
Section 6109 and its regulations require you to provide your
TIN on what you file.
Routine uses of this information include giving it to the
Department of Justice for civil and criminal litigation, and to
cities, states, the District of Columbia, and U.S.
commonwealths and possessions for use in administering
their tax laws. We may also disclose this information to other
countries under a tax treaty, to federal and state agencies to
enforce federal nontax criminal laws, or to federal law
enforcement and intelligence agencies to combat terrorism. If
you fail to provide this information in a timely manner, you
may be subject to penalties.
You are not required to provide the information requested
on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid OMB control number. Books
or records relating to a form or its instructions must be
retained as long as their contents may become material in
the administration of any Internal Revenue law. Generally,
tax returns and return information are confidential, as
required by section 6103. The time needed to complete and
file the following forms will vary depending on individual
circumstances. The estimated average times are:
1096 . . . .
1097-BTC*
1098 . . . .
1098-C* . .
1098-E . .
1098-MA .
1098-T . .
1099-A . .
1099-B . .
1099-C . .
1099-CAP*
1099-DIV .
1099-G . .
1099-INT .
1099-K . .
1099-LTC .
1099-MISC
1099-OID .
1099-PATR
1099-Q . .
1099-R . .
1099-S . .
1099-SA .
3921* . . .
3922* . . .
5498 . . . .
5498-ESA .
5498-SA .
W-2G . . .
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. . . . . . . . . . . . . . . . . . . . . . . . .
* Privacy Act does not pertain to this form.
Gen. Instr. for Certain Info. Returns (2014)
Burden estimates are based upon current statutory
requirements as of October 2013. Estimates of burden do not
reflect any future legislative changes that may affect the 2014
tax year. Any changes to burden estimates will be included in
IRS’ annual Paperwork Reduction Act submission to the
Office of Management and Budget (OMB) and will be made
publicly available on www.reginfo.gov.
If you have comments concerning the accuracy of these
time estimates or suggestions for making these forms
simpler, we would be happy to hear from you. Send your
comments to the Internal Revenue Service, Tax Forms and
Publications, SE:W:CAR:MP:TFP, 1111 Constitution Ave.
NW, IR-6526, Washington, DC 20224. Do not send these
forms to this address. Instead, see part D.
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-19-
Guide to Information Returns (If any date shown falls on a Saturday, Sunday, or legal holiday, the
due date is the next business day.)
Due Date
Form
1042-S
1097-BTC
Title
What To Report
Foreign Person's
U.S. Source Income
Subject to
Withholding
Income such as interest, dividends, royalties, pensions and annuities,
etc., and amounts withheld under Chapter 3. Also, distributions of
effectively connected income by publicly traded partnerships or nominees.
Bond Tax Credit
Tax credit bond credits to shareholders.
1098
Mortgage Interest
Statement
Mortgage interest (including points) and certain mortgage insurance
premiums you received in the course of your trade or business from
individuals and reimbursements of overpaid interest.
1098-C
Contributions of
Information regarding a donated motor vehicle, boat, or airplane.
Motor Vehicles,
Boats, and Airplanes
Amounts To Report
To IRS
To Recipient
(unless indicated
otherwise)
See form instructions
March 15
March 15
All amounts
February 28*
On or before the
15th day of the 2nd
calendar month
after the close of the
calendar month in
which the credit is
allowed
$600 or more
February 28*
(To Payer/Borrower)
January 31
Gross proceeds of
more than $500
February 28*
(To Donor)
30 days from date
of sale or
contribution
$600 or more
February 28*
January 31
1098-E
Student Loan
Interest Statement
Student loan interest received in the course of your trade or business.
1098-MA
Mortgage
Assistance
Payments
Assistance payments paid to homeowners from funds allocated from the
Housing Finance Agency Innovation Fund for the Hardest Hit Housing
Markets (HFA Hardest Hit Fund) or the Emergency Homeowners' Loan
Program
All amounts
February 28*
January 31
1098-T
Tuition Statement
Qualified tuition and related expenses, reimbursements or refunds, and
scholarships or grants (optional).
See instructions
February 28*
January 31
1099-A
Acquisition or
Abandonment of
Secured Property
Information about the acquisition or abandonment of property that is
security for a debt for which you are the lender.
All amounts
February 28*
(To Borrower)
January 31
1099-B
Proceeds From
Broker and Barter
Exchange
Transactions
Sales or redemptions of securities, futures transactions, commodities,
and barter exchange transactions.
All amounts
February 28*
February 15**
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 U.S. Postal Service, the Postal Rate Commission, or any organization
having a significant trade or business of lending money.
$600 or more
February 28*
January 31
Over $1,000
February 28*
(To Shareholders)
January 31
$10 or more, except
$600 or more for
liquidations
February 28*
January 31**
$10 or more for refunds
and unemployment
February 28*
January 31
$10 or more ($600 or
more in some cases)
February 28*
January 31**
February 28*
January 31
February 28*
January 31
1099-C
1099-CAP
Changes in
Information about cash, stock, or other property from an acquisition of
Corporate Control
control or the substantial change in capital structure of a corporation.
and Capital Structure
1099-DIV
Dividends and
Distributions
Distributions, such as dividends, capital gain distributions, or nontaxable
distributions, that were paid on stock and liquidation distributions.
1099-G
Certain Government
Payments
Unemployment compensation, state and local income tax refunds,
agricultural payments, and taxable grants.
1099-INT
Interest Income
Interest income.
1099-K
Payment Card and
Third Party Network
Transactions
Payment card transactions.
All amounts
$20,000 or more and
200 or more
transactions
Third party network transactions.
1099-LTC
Long-Term Care
and Accelerated
Death Benefits
Payments under a long-term care insurance contract and accelerated
death benefits paid under a life insurance contract or by a viatical
settlement provider.
All amounts
*The due date is March 31 if filed electronically.
**The due date is March 15 for reporting by trustees and middlemen of WHFITs.
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Gen. Instr. for Certain Info. Returns (2014)
Guide to Information Returns (Continued)
Due Date
Form
1099-MISC
Title
Amounts To Report
Miscellaneous Income Rent or royalty payments; prizes and awards that are not for services,
such as winnings on TV or radio shows.
(Also, use to report
direct sales of $5,000
or more of consumer
goods for resale.)
1099-OID
What To Report
Payments to crew members by owners or operators of fishing boats
including payments of proceeds from sale of catch.
To Recipient
(unless indicated
otherwise)
$600 or more, except
$10 or more for royalties
All amounts
Section 409A income from nonqualified deferred compensation plans
(NQDCs).
All amounts
Payments to a physician, physicians' corporation, or other supplier of
health and medical services. Issued mainly by medical assistance
programs or health and accident insurance plans.
$600 or more
Payments for services performed for a trade or business by people not
treated as its employees. Examples: fees to subcontractors or directors
and golden parachute payments.
$600 or more
Fish purchases paid in cash for resale.
$600 or more
Crop insurance proceeds.
$600 or more
January 31**
Substitute dividends and tax-exempt interest payments reportable by
brokers.
$10 or more
Gross proceeds paid to attorneys.
$600 or more
Original Issue Discount Original issue discount.
To IRS
February 28*
February 15**
February 15**
$10 or more
February 28*
January 31**
$10 or more
February 28*
January 31
Payments From
Earnings from qualified tuition programs and Coverdell ESAs.
Qualified Education
Programs (Under
Sections 529 and 530)
All amounts
February 28*
January 31
Distributions From
Pensions, Annuities,
Retirement or
Profit-Sharing Plans,
IRAs, Insurance
Contracts, etc.
Distributions from retirement or profit-sharing plans, any IRA, insurance
contracts, and IRA recharacterizations.
$10 or more
February 28*
January 31
1099-S
Proceeds From Real
Estate Transactions
Gross proceeds from the sale or exchange of real estate and certain
royalty payments.
Generally, $600 or more
February 28*
February 15
1099-SA
Distributions From an
HSA, Archer MSA, or
Medicare Advantage
MSA
Distributions from an HSA, Archer MSA, or Medicare Advantage MSA.
All amounts
February 28*
January 31
1099-PATR Taxable Distributions
Received From
Cooperatives
1099-Q
1099-R
Distributions from cooperatives passed through to their patrons including
any domestic production activities deduction and certain pass-through
credits.
3921
Exercise of an
Transfer of stock pursuant to the exercise of an incentive stock option
Incentive Stock Option under section 422(b).
Under Section 422(b)
All amounts
February 28*
January 31
3922
Transfer of Stock
Acquired Through an
Employee Stock
Purchase Plan Under
Section 423(c)
All amounts
February 28*
January 31
Transfer of stock acquired through an employee stock purchase plan
under section 423(c).
*The due date is March 31 if filed electronically.
**The due date is March 15 for reporting by trustees and middlemen of WHFITs.
-21-
Guide to Information Returns (Continued)
Due Date
Form
5498
Title
What To Report
IRA Contribution
Information
Contributions (including rollover contributions) to any individual retirement
arrangement (IRA), including a SEP, SIMPLE, and Roth IRA; Roth
conversions; IRA recharacterizations; and the fair market value (FMV) of
the account.
5498-ESA
Coverdell ESA
Contribution
Information
Contributions (including rollover contributions) to a Coverdell ESA.
5498-SA
HSA, Archer MSA, or
Medicare Advantage
MSA Information
Contributions to an HSA (including transfers and rollovers) or Archer
MSA and the FMV of an HSA, Archer MSA, or Medicare Advantage MSA.
W-2G
Certain Gambling
Winnings
Gambling winnings from horse racing, dog racing, jai alai, lotteries, keno,
bingo, slot machines, sweepstakes, wagering pools, poker tournaments,
etc.
Wage and Tax
Statement
Wages, tips, other compensation; social security, Medicare, and withheld
income taxes. Include bonuses, vacation allowances, severance pay,
certain moving expense payments, some kinds of travel allowances, and
third-party payments of sick pay.
W-2
To IRS
To Recipient
(unless indicated
otherwise)
All amounts
May 31
(To Participant)
For FMV/RMD,
Jan 31;
For contributions,
May 31
All amounts
May 31
April 30
All amounts
May 31
(To Participant)
May 31
February 28*
January 31
To SSA
To Recipient
Last day of
February*
January 31
Amounts To Report
*The due date is March 31 if filed electronically.
-22-
Generally, $600 or
more; $1,200 or more
from bingo or slot
machines; $1,500 or
more from keno
See separate
instructions
Types of Payments
Below is an alphabetic list of
some payments and the forms
to file and report them.
However, it is not a complete
list of all payments, and the
absence of a payment from
the list does not indicate that
the payment is not reportable.
For instructions on a specific
type of payment, see the
separate instructions in the
form(s) listed.
Type of Payment Report on Form
Abandonment . . . . . . . . . . .
Accelerated death benefits . . . . .
Acquisition of control . . . . . . . .
Agriculture payments . . . . . . . .
Allocated tips . . . . . . . . . . . .
Alternate TAA payments . . . . . .
Annuities . . . . . . . . . . . . . .
Archer MSAs:
Contributions . . . . . . . . . . . .
Distributions . . . . . . . . . . . .
Attorney, fees and gross
proceeds . . . . . . . . . . . . . .
Auto reimbursements, employee . .
Auto reimbursements,
nonemployee . . . . . . . . . . . .
Awards, employee . . . . . . . . .
Awards, nonemployee . . . . . . .
Barter exchange income . . . . . .
Bond tax credit . . . . . . . . . . .
Bonuses, employee . . . . . . . .
Bonuses, nonemployee . . . . . .
Broker transactions . . . . . . . . .
Cancellation of debt . . . . . . . .
Capital gain distributions . . . . . .
Car expense, employee . . . . . .
Car expense, nonemployee . . . .
Changes in capital structure . . . .
Charitable gift annuities . . . . . . .
Commissions, employee . . . . . .
Commissions, nonemployee . . . .
Commodities transactions . . . . .
Compensation, employee . . . . .
Compensation, nonemployee . . .
Contributions of motor vehicles, boats,
and airplanes . . . . . . . . . . .
Cost of current life insurance
protection . . . . . . . . . . . . . .
Coverdell ESA contributions . . . .
Coverdell ESA distributions . . . . .
Crop insurance proceeds . . . . . .
Damages . . . . . . . . . . . . . .
Death benefits . . . . . . . . . . .
1099-A
1099-LTC
1099-CAP
1099-G
W-2
1099-G
1099-R
5498-SA
1099-SA
1099-MISC
W-2
1099-MISC
W-2
1099-MISC
1099-B
1097-BTC
W-2
1099-MISC
1099-B
1099-C
1099-DIV
W-2
1099-MISC
1099-CAP
1099-R
W-2
1099-MISC
1099-B
W-2
1099-MISC
1098-C
1099-R
5498-ESA
1099-Q
1099-MISC
1099-MISC
1099-R
Type of Payment Report on Form
Accelerated . . . . . . . .
Debt cancellation . . . . .
Dependent care payments
Direct rollovers . . . . . .
. . . . .
. . . . .
. . . . .
. . . . .
Direct sales of consumer products for
resale . . . . . . . . . . . . . . . .
Directors' fees . . . . . . . . . . .
Discharge of indebtedness . . . . .
Dividends . . . . . . . . . . . . . .
Donation of motor vehicle . . . . . .
Education loan interest . . . . . . .
Employee business expense
reimbursement . . . . . . . . . . .
Employee compensation . . . . . .
Excess deferrals, excess contributions,
distributions of . . . . . . . . . .
Exercise of incentive stock option under
section 422(b) . . . . . . . . . .
Fees, employee . . . . . . . . . .
Fees, nonemployee . . . . . . . .
Fishing boat crew members
proceeds . . . . . . . . . . . . . .
Fish purchases for cash . . . . . .
Foreclosures . . . . . . . . . . . .
Foreign persons' income . . . . . .
401(k) contributions . . . . . . . .
404(k) dividend . . . . . . . . . . .
Gambling winnings . . . . . . . . .
Golden parachute, employee . . . .
Golden parachute,
nonemployee . . . . . . . . . . . .
Grants, taxable . . . . . . . . . . .
Health care services . . . . . . . .
Health savings accounts:
Contributions . . . . . . . . . . . .
Distributions . . . . . . . . . . . .
Income attributable to domestic
production activities, deduction
for . . . . . . . . . . . . . . . .
Income tax refunds, state and
local . . . . . . . . . . . . . . . .
Indian gaming profits paid to tribal
members . . . . . . . . . . . . . .
Interest income . . . . . . . . . . .
Tax-exempt . . . . . . . . . . . . .
Interest, mortgage . . . . . . . . .
IRA contributions . . . . . . . . . .
IRA distributions . . . . . . . . . .
Life insurance contract
distributions . . . . . . . . . . . .
Liquidation, distributions in . . . . .
Loans, distribution from pension
plan . . . . . . . . . . . . . . . . .
Long-term care benefits . . . . . .
Medicare Advantage MSAs:
Contribution . . . . . . . . . . . .
Distributions . . . . . . . . . . . .
Medical services . . . . . . . . . .
Mileage, employee . . . . . . . . .
Mileage, nonemployee . . . . . . .
Military retirement . . . . . . . . .
Mortgage assistance payments . . .
-23-
Type of Payment Report on Form
1099-LTC
1099-C
W-2
1099-Q,
1099-R,
5498
1099-MISC
1099-MISC
1099-C
1099-DIV
1098-C
1098-E
W-2
W-2
1099-R
3921
W-2
1099-MISC
1099-MISC
1099-MISC
1099-A
1042-S
W-2
1099-DIV
W-2G
W-2
1099-MISC
1099-G
1099-MISC
5498-SA
1099-SA
1099-PATR
1099-G
1099-MISC
1099-INT
1099-INT
1098
5498
1099-R
1099-R,
1099-LTC
1099-DIV
1099-R
1099-LTC
5498-SA
1099-SA
1099-MISC
W-2
1099-MISC
1099-R
1098-MA
Mortgage interest . . . . . . . . . .
Moving expense . . . . . . . . . .
Nonemployee compensation . . . .
Nonqualified deferred compensation:
Beneficiary . . . . . . . . . . . . .
Employee . . . . . . . . . . . . . .
Nonemployee . . . . . . . . . . .
Original issue discount (OID) . . . .
Patronage dividends . . . . . . . .
Payment card transactions . . . . .
Pensions . . . . . . . . . . . . . .
Points . . . . . . . . . . . . . . . .
Prizes, employee . . . . . . . . . .
Prizes, nonemployee . . . . . . . .
Profit-sharing plan . . . . . . . . .
Punitive damages . . . . . . . . .
Qualified plan distributions . . . . .
Qualified tuition program
payments . . . . . . . . . . . . . .
Real estate transactions . . . . . .
Recharacterized IRA
contributions . . . . . . . . . . . .
Refund, state and local tax . . . . .
Rents . . . . . . . . . . . . . . . .
Retirement . . . . . . . . . . . . .
Roth conversion IRA
contributions . . . . . . . . . . . .
Roth conversion IRA
distributions . . . . . . . . . . . .
Roth IRA contributions . . . . . . .
Roth IRA distributions . . . . . . .
Royalties . . . . . . . . . . . . . .
Timber, pay-as-cut contract . . . .
Sales:
Real estate . . . . . . . . . . . . .
Securities . . . . . . . . . . . . .
Section 1035 exchange . . . . . . .
SEP contributions . . . . . . . . .
SEP distributions . . . . . . . . . .
Severance pay . . . . . . . . . . .
Sick pay . . . . . . . . . . . . . .
SIMPLE contributions . . . . . . . .
SIMPLE distributions . . . . . . . .
Student loan interest . . . . . . . .
Substitute payments in lieu of dividends
or tax-exempt interest . . . . . .
Supplemental unemployment . . . .
Tax refunds, state and local . . . .
Third party network transactions . .
Tips . . . . . . . . . . . . . . . . .
Transfer of stock acquired through an
employee stock purchase plan under
section 423(c) . . . . . . . . . .
Tuition . . . . . . . . . . . . . . .
Unemployment benefits . . . . . .
Vacation allowance, employee . . .
Vacation allowance,
nonemployee . . . . . . . . . . . .
Wages . . . . . . . . . . . . . . .
1098
W-2
1099-MISC
1099-R
W-2
1099-MISC
1099-OID
1099-PATR
1099-K
1099-R
1098
W-2
1099-MISC
1099-R
1099-MISC
1099-R
1099-Q
1099-S
1099-R,
5498
1099-G
1099-MISC
1099-R
5498
1099-R
5498
1099-R
1099-MISC
1099-S
1099-S
1099-B
1099-R
W-2, 5498
1099-R
W-2
W-2
W-2, 5498
1099-R
1098-E
1099-MISC
W-2
1099-G
1099-K
W-2
3922
1098-T
1099-G
W-2
1099-MISC
W-2
Index
Penalties 6, 14
Private delivery services 4
A
Account number box 9
H
Help 17
B
Backup withholding 2, 13, 14
I
Information returns, other 3
C
Corporations, payments to 15
Corrected returns, how to file 7
K
Keeping copies 5
D
Due dates 4, 5, 11
L
Limited liability company (LLC) 7, 9
Logos or substitute statements 10, 11
E
Electronic reporting 5
Extension to file 4
Extension to furnish statements 13
F
Filing returns 4
FIRE System 5
Foreign intermediaries, payments made
through 16
Foreign person, payment to 3
Form 1096 2, 4
Form 945 14
Forms, how to get 18
Form W-9 9
G
Grantor trusts 15
M
Mailing forms 5
N
Names, TINs, etc. 7
Nominee/middleman 2
O
Ordering forms 18
P
Paper document reporting 6
Partnerships, payments to 15
Payee statements 2, 10, 11
Payments made through foreign
intermediaries 17
-24-
Q
Qualified settlement funds 3
S
State and local tax departments 4
Statement mailing requirements 10, 11
Statements to recipients 2, 10, 11
Substitute forms 2, 6, 10, 11
Successor/predecessor reporting 2
T
Taxpayer Advocate 17
Taxpayer identification number 7, 13
Telephone numbers on statements 10
TIN Matching 2
Transmitters, paying agents, etc. 5
V
Void returns 7
W
When to file 4, 5
When to furnish statements 11
Where to file 4
Who must file 2, 5
Widely held fixed investment trusts 3
Withholding, backup 2, 13, 14
File Type | application/pdf |
File Title | 2014 General Instructions for Certain Information Returns |
Subject | General Instructions for Certain Information Returns, (Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G) |
Author | W:CAR:MP:FP |
File Modified | 2013-12-11 |
File Created | 2013-12-10 |