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General Instructions for
Certain Information Returns
Department of the Treasury
Internal Revenue Service
(Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G)
What’s New
Section references are to the Internal Revenue Code
unless otherwise noted.
Contents
What’s New . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Future Developments . . . . . . . . . . . . . . . . . . . . .
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, Taxpayer Identification Number
(TIN), and Address . . . . . . . . . . . . . . . . . . . .
L. Account Number Box on Forms . . . . . . . . . . . .
M. Statements to Recipients (Beneficiaries,
Borrowers, Debtors, Donors, Employees,
Insureds, Participants, Payment Recipients,
Payers, Policyholders, Sellers, 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, ABLE
Account, 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 . . . . . . . . . . . . . . . . . . .
Guide to Information Returns (If any date shown
falls on a Saturday, Sunday, or legal holiday in
the District of Columbia or where the return is
to be filed, the due date is the next business
day.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jan 27, 2021
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Where to file. The Austin Submission Processing Center
address has changed. See Where To File, later, for more
information.
Electronic filing of returns. The Taxpayer First Act of
2019, enacted July 1, 2019, authorized the Department of
the Treasury and the IRS to issue regulations that reduce
the 250-return requirement for 2021 tax returns. If those
regulations are issued and effective for 2021 tax returns
required to be filed in 2022, we will post an article at
IRS.gov explaining the change. Until regulations are
issued, however, the number remains at 250, as reflected
in these instructions.
Where to send extension of time to furnish statements to recipients. An extension of time to furnish the
statements is now a fax only submission. See Extension
of time to furnish statements to recipients, later, for more
information.
Form 1098-F filing requirements. At the time these
instructions were sent to print, the filing of Form 1098-F
was not yet required. See the proposed regulations at
FederalRegister.gov/documents/2020/05/13/2020-08649/
denial-of-deduction-for-certain-fines-penalties-and-otheramounts-information-with-respect-to. For the latest filing
information, see IRS.gov/Form1098F.
Form 1099-H continuous-use conversion. Form
1099-H and its instructions have been converted from
annual updates to continuous use. The form and its
instructions will be updated as required. For more
information, see the Guide to Information Returns, later.
Form 1099-MISC. The title of the Form 1099-MISC has
changed from Miscellaneous Income to Miscellaneous
Information.
Future Developments
For the latest information about developments related to
the General Instructions for Certain Information Returns
after they were published, go to General Instructions for
Certain Information Returns at IRS.gov/
1099GeneralInstructions.
Reminders
. . 26
. . 31
Form 1099-NEC. The PATH Act accelerated the due
date for filing Form 1099 that included nonemployee
compensation (NEC) to January 31, and Treasury
Regulations eliminated the automatic 30-day extension of
time to file for forms that include NEC. To avoid additional
burden on filers to separately report NEC by January 31,
and other payments by February 28 (by March 31 if filing
Cat. No. 27976F
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.
electronically), we have created new Form 1099-NEC.
Use Form 1099-NEC to report nonemployee
compensation and file by January 31, 2022, with the IRS.
For more information, see the Instructions for Forms
1099-MISC and 1099-NEC.
Available Instructions
TIN and name matching requirement. The filer's name
and TIN must match the name and TIN used on the filer's
Form 945 or you may be subject to information return
penalties. See part K and part O, later. Do not use the
name and/or TIN of the filer's paying agent or service
bureau.
In addition to these general instructions, which contain
general information concerning Forms 1096, 1097, 1098,
1099, 3921, 3922, 5498, and W-2G, we provide specific
form instructions separately. Get the instructions you need
for completing a specific form from the following list of
separate instructions.
• Instructions for Form 1097-BTC.
• Instructions for Form 1098.
• Instructions for Form 1098-C.
• Instructions for Forms 1098-E and 1098-T.
• Instructions for Form 1098-F.
• Instructions for Form 1098-Q.
• 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 Form 1099-H.
• Instructions for Forms 1099-INT and 1099-OID.
• Instructions for Form 1099-K.
• Instructions for Form 1099-LS.
• Instructions for Form 1099-LTC.
• Instructions for Forms 1099-MISC and 1099-NEC.
• Instructions for Form 1099-PATR.
• Instructions for Form 1099-Q.
• Instructions for Forms 1099-QA and 5498-QA.
• Instructions for Forms 1099-R and 5498.
• Instructions for Form 1099-S.
• Instructions for Forms 1099-SA and 5498-SA.
• Instructions for Form 1099-SB.
• Instructions for Forms 3921 and 3922.
• Instructions for Form 5498-ESA.
• Instructions for Forms W-2G and 5754.
Continuous use. Forms 1097-BTC, 1098-C, 1098-F,
1098-MA, 1098-Q, 1099-CAP, 1099-H, 1099-LS,
1099-LTC, 1099-OID, 1099-Q, 1099-SA, and 1099-SB
and their instructions are continuous use. The forms and
their instructions will be updated as required. For more
information, see the Guide to Information Returns, later.
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 box 8 or 10) is February 15, 2022. This also
applies to statements furnished as part of a consolidated
reporting statement. See the Guide to Information Returns
for due dates for all returns.
Electronic filing. E-filers are reminded that using the
FIRE System requires following the specifications
contained in Pub. 1220. Also, the IRS does not provide a
fill-in form option for most forms required to be filed with
the IRS covered by these instructions; however, see
Online fillable forms in part E, later. See part F for
information on e-file.
Online fillable forms Copies 1, B, 2, C, and D. Copies
1, B, 2, C, and D, as applicable, to be furnished to
recipients and kept in filers’ records, have been made
fillable online at IRS.gov for many forms referenced in
these instructions. See the separate instructions for
Forms 1098, 1098-E&T, 1098-F, 1098-Q, 1099-A&C,
1099-B, 1099-DIV, 1099-G, 1099-INT&OID, 1099-K,
1099-LS, 1099-MISC, 1099-NEC, 1099-PATR,
1099-R&5498, 1099-S, 1099-SB, and 3921.
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.
Payee. Throughout these instructions, the term “payee”
means the person with respect to whom Forms 1097,
1098, 1099, 3921, 3922, 5498, or W-2G are required to be
filed, including beneficiaries, borrowers, debtors, donors,
employees, insureds, participants, payment recipients,
policyholders, sellers, shareholders, students, transferors,
and winners.
See How To Get Forms, Publications, and Other
Assistance, later.
Guide to Information Returns
See the chart, later, for a brief summary of information
return reporting rules.
Where to file. All information returns filed on paper will
be filed with only three IRS Submission Processing
Centers: Austin, TX; Kansas City, MO; and Ogden, UT.
See part D and Form 1096, Annual Summary and
Transmittal of U.S. Information Returns.
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.
Items You Should Note
Photographs of Missing Children
Reporting Backup Withholding on Forms 1099
and W-2G
The Internal Revenue Service is a proud partner with the
National Center for Missing & Exploited Children®
(NCMEC). Photographs of missing children selected by
the Center may appear in instructions on pages that would
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
-2-
Gen. Instr. for Certain Info. Returns (2021)
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, see Rev. Proc. 99-50, which is available
on page 757 of Internal Revenue Bulletin 1999-52 at
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 under which the surviving corporation
becomes the owner of all the assets and assumes all the
liabilities of the absorbed corporation(s), 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.
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.
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, G, INT, K, MISC, NEC,
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, 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 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 with Form 1096 with the IRS Submission Processing
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.
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, the successor must report each of
the predecessor's transactions and each of its own
transactions on the appropriate form. 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).
Successor/predecessor reporting. A successor
business entity (a corporation, partnership, or sole
proprietorship) and a predecessor business entity (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,
Gen. Instr. for Certain Info. Returns (2021)
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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 original issue discount
(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 and other requirements for furnishing
statement to TIH. The written tax information for 2021
furnished to the TIH is due on or before March 15, 2022.
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.
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, employer identification
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); and
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.
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 considered in
a trade or business for information reporting purposes and
may be required to file Form 1099-MISC or other
information returns. 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 information returns
for payment to third parties. 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
or 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 I.R.B. 546, available at IRS.gov/irb/
2006-10_IRB#TD-9249. TD 9249 relates to escrow and
similar funds.
Foreign Account Tax Compliance Act (FATCA)
Filing Requirements of Certain Foreign
Financial Institutions (FFIs)
If you are required to report an account that is a U.S.
account under chapter 4 of the Internal Revenue Code,
you may be eligible to elect to report the account on
Form(s) 1099 instead of on Form 8966, FATCA Report.
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.
If the account is either a U.S. account held by a
passive nonfinancial foreign entity (NFFE) that is a
CAUTION U.S.-owned foreign entity or an account held by
an owner-documented FFI, do not file a Form 1099 with
respect to such an account. Instead, you must file Form
8966, in accordance with its requirements and its
accompanying instructions, to report the account for
chapter 4 purposes.
!
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
-4-
Gen. Instr. for Certain Info. Returns (2021)
• The name, address, and TIN of the account holder.
• The account number.
• If applicable, the jurisdiction of the branch that
Election described in Regulations section
1.1471-4(d)(5)(i)(A). You are eligible to make this
election to report an account on Form(s) 1099 if:
• You are a participating FFI (including a Reporting Model
2 FFI) (PFFI) or are a registered deemed-compliant FFI
(RDC FFI) (other than a Reporting Model 1 FFI) required
to report a U.S. account as a condition of your applicable
RDC FFI status (see Regulations section 1.1471-5(f)(1)
(i));
• You are required to report the account as a U.S.
account for chapter 4 purposes; and
• The account is a U.S. account held by a specified U.S.
person.
maintains the account being reported by adding the
branch’s jurisdiction after the payer’s name, that is,
“Payer’s Name (Jurisdiction X branch).”
If you are an FFI making an election described in
Regulations section 1.1471-4(d)(5)(i)(A) or (B), or
CAUTION are a U.S. payer reporting as described in
Regulations section 1.1471-4(d)(2)(iii)(A), you are
required to report the payee’s account number on each
Form 1099 you file (regardless of the fact that the account
number may otherwise be optional for purposes of
reporting on the applicable Form 1099).
!
Election described in Regulations section
1.1471-4(d)(5)(i)(B). You are eligible to make this
election to report an account on Form(s) 1099 if:
• You are a PFFI or are an RDC FFI (other than a
Reporting Model 1 FFI) required to report a U.S. account
as a condition of your applicable RDC FFI status (see
Regulations section 1.1471-5(f)(1)(i));
• You are required to report the account as a U.S.
account for chapter 4 purposes; and
• The account is a U.S. account held by a specified U.S.
person that is a cash value insurance contract or annuity
contract that you elect to report in a manner similar to
section 6047(d).
You may make an election described in Regulations
section 1.1471-4(d)(5)(i)(A) or (B) either with respect to all
such U.S. accounts or with respect to any clearly
identified group of such accounts (for example, by line of
business or by location where the account is maintained).
If you are a sponsoring entity that is reporting a U.S.
account on behalf of a sponsored FFI described above,
report on the appropriate Form(s) 1099 the following
information in the payer boxes (if filing on paper) or in the
appropriate fields of the payer record (if filing
electronically).
• For the name, enter the sponsored FFI’s name on the
first line and the sponsoring entity’s name on the second
line.
• For the address, enter the sponsoring entity’s address.
• For the federal (or taxpayer) identification number,
enter the sponsored FFI’s EIN.
In addition, if you are filing electronically, enter numeric
code “1” in the “Transfer Agent Indicator” field. See Pub.
1220 for electronic filing of forms. If you are filing on
paper, enter your Global Intermediary Identification
Number (GIIN) in the lower right-hand portion of the title
area on the top of Form 1096. For transmittal of paper
forms, see Form 1096 and its accompanying instructions.
If you are an FFI described above that is electing to
report an account to which you did not make any
payments for the calendar year that are required to be
reported on a Form 1099, you must report the account on
Form 1099-MISC or Form 1099-NEC. In addition, if you
made any payments for the calendar year that would be
required to be reported on a Form 1099 if not for an
applicable dollar amount threshold, you must also report
the account on Form 1099-MISC or Form 1099-NEC. See
the Instructions for Forms 1099-MISC and 1099-NEC.
Special reporting by U.S. payer described in Regulations section 1.1471-4(d)(2)(iii)(A). If you are a U.S.
payer that is a PFFI other than a U.S. branch, you may
also satisfy your requirement to report with respect to a
U.S. account for chapter 4 purposes by reporting on each
appropriate Form 1099 in the manner described in
Regulations section 1.1471-4(d)(2)(iii)(A).
Reporting procedure. If you are an FFI that is eligible to
make an election described in Regulations section
1.1471-4(d)(5)(i)(A) or (B) or are a U.S. payer reporting as
described in Regulations section 1.1471-4(d)(2)(iii)(A),
you must do so by filing each appropriate Form 1099 with
the IRS and reporting the payments required to be
reported by a U.S. payer (as defined in Regulations
section 1.6049-5(c)(5)) with respect to the account.
However, see Payments required to be reported, later.
Also see the separate specific instructions for each form
to determine which form to file.
Payments required to be reported. If you make an
election described in Regulations section 1.1471-4(d)(5)
(i)(A) or (B), you are required to report any payments
made to the account as required for purposes of the
election, that is, payments that would be reportable under
sections 6041, 6042, 6045, and 6049 if you were a U.S.
payer.
All Form 1099 filers must have an EIN. If you have
TIP not previously filed a Form 1099 or other return,
you must obtain an EIN and include it on each
Form 1099 that you file. See part K for more information,
including how to obtain an EIN and exceptions to the EIN
rule.
!
CAUTION
Forms 1099 used. The payments required to be
reported under this election for calendar year 2021 must
be reported, as applicable, on Form 1099-B, Proceeds
From Broker or Barter Exchange Transactions; Form
1099-DIV, Dividends and Distributions; 1099-INT, Interest
Income; 1099-MISC, Miscellaneous Information;
1099-NEC, Nonemployee Compensation; 1099-OID,
In addition to the information otherwise required to be
reported on the appropriate Form 1099, you must also
include the following information for each account you are
reporting as described in Regulations section 1.1471-4(d)
(2)(iii)(A) or (d)(5)(i)(A) or (B).
Gen. Instr. for Certain Info. Returns (2021)
Reporting under chapter 4 does not affect an FFI’s
otherwise applicable obligations to report
payments as a payer under chapter 61.
-5-
diligence, withholding, and reporting obligations of one or
more Sponsored FFIs or Sponsored Direct Reporting
NFFEs.
U.S. account. A U.S. account is any account held by
one or more specified U.S. persons. A U.S. account also
includes any account held by a passive NFFE that has
one or more substantial U.S. owners, or in the case of a
Reporting Model 2 FFI, any account held by a passive
NFFE that has one or more controlling persons that are
specified U.S. persons. See Regulations section
1.1471-5(a) and an applicable Model 2 IGA.
Original Issue Discount; or 1099-R, Distributions From
Pensions, Annuities, Retirement or Profit-Sharing Plans,
IRAs, Insurance Contracts, etc. Also see the separate
specific instructions for each form.
Definitions. Generally, for detailed information about
definitions that apply for purposes of chapter 4, see
Regulations section 1.1471-1(b). A Reporting FI under a
Model 2 Intergovernmental Agreement (IGA) should also
refer to definitions that may apply under that IGA or apply
pursuant to any applicable domestic law pertaining to its
FATCA obligations. Solely for purposes of filing Forms
1099, the following definitions are provided to help guide
filers through the process.
Account. An account means a financial account
described in Regulations section 1.1471-5(b), including a
cash value insurance contract and annuity contract.
Account holder. An account holder is the person who
holds a financial account, as determined under
Regulations section 1.1471-5(a)(3).
Foreign financial institution (FFI). An FFI generally
means a foreign entity that is a financial institution.
Owner-documented FFI. An owner-documented FFI
is an FFI described in Regulations section 1.1471-5(f)(3).
Participating FFI (PFFI). A PFFI is an FFI that has
agreed to comply with the requirements of an FFI
agreement with respect to all branches of the FFI, other
than a branch that is a Reporting Model 1 FFI or a U.S.
branch. The term “PFFI” also includes an FFI described in
a Model 2 IGA that has agreed to comply with the
requirements of an FFI agreement with respect to a
branch, and a Qualified Intermediary (QI) branch of a U.S.
financial institution, unless such branch is a Reporting
Model 1 FFI.
Recalcitrant account holder. A recalcitrant account
holder is an account holder (other than an account holder
that is an FFI) of a PFFI or registered deemed-compliant
FFI that has failed to provide the FFI maintaining its
account with the information required under Regulations
section 1.1471-5(g).
Registered deemed-compliant FFI (RDC FFI). An
RDC FFI is an FFI described in Regulations section
1.1471-5(f)(1), and includes a Reporting Model 1 FFI, a QI
branch of a U.S. financial institution that is a Reporting
Model 1 FFI, and a nonreporting Foreign Intermediary (FI)
treated as a registered deemed-compliant FFI under a
Model 2 IGA.
Reporting Model 1 FFI. A Reporting Model 1 FFI is an
FI, including a foreign branch of a U.S. financial institution,
treated as a reporting financial institution under a Model 1
IGA.
Reporting Model 2 FFI. A Reporting Model 2 FFI is
an FI or branch of an FI treated as a reporting financial
institution under a Model 2 IGA.
Specified U.S. person. A specified U.S. person is any
U.S. person described in Regulations section 1.1473-1(c).
Sponsored FFI. A Sponsored FFI is an FFI that is an
investment entity, a controlled foreign corporation, or a
closely held investment vehicle that has a Sponsoring
Entity that performs certain due diligence, withholding,
and reporting obligations on behalf of the Sponsored FFI.
Sponsoring Entity. A Sponsoring Entity is an entity
that has registered with the IRS to perform the due
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, 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).
• Schedule K-1 (Form 1065), reporting distributive shares
to members of a partnership.
• Schedule K-1 (Form 1041), reporting distributions to
beneficiaries of trusts or estates.
• Schedule K-1 (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 (Form 1066), reporting income from a real
estate mortgage investment conduit (REMIC) to a residual
interest holder.
C. When To File
Except as indicated below, file Forms 1097, 1098, 1099,
3921, 3922, or W-2G on paper by February 28, 2022, or
March 31, 2022, if filing electronically. File Forms 5498,
5498-ESA, 5498-QA, and 5498-SA by May 31, 2022.
Form 1096 must accompany all paper submissions. See
part E for paper and part F for electronic filing
requirements.
!
The following are exceptions to the filing
deadlines shown above.
CAUTION
• File and furnish a copy of Form 1099-NEC on paper or
electronically by January 31, 2022.
• Form 1099-SB is generally due by February 28, 2022,
or March 31, 2022, if filing electronically, but see
Regulations section 1.6050Y-3(c) for a special exception.
You will meet the requirement to file timely if the form is
properly addressed, postmarked, and mailed using the
official mail of the United States, or a private delivery
service (PDS) designated by the IRS on or before the due
date. If the regular due date falls on a Saturday, Sunday,
or legal holiday in the District of Columbia or where the
return is to be filed, file by the next business day. A
business day is any day that is not a Saturday, Sunday, or
legal holiday in the District of Columbia or where the
return is to be filed. See part M about providing Forms
-6-
Gen. Instr. for Certain Info. Returns (2021)
Send all information returns filed on paper to the
following.
1097, 1098, 1099, 3921, 3922, 5498, and W-2G or
statements to recipients. See section 11 of Pub. 15 for a
list of legal holidays.
If your principal business,
office or agency, or legal
residence in the case of an
individual, is located in
▼
Private delivery services (PDSs). You can use certain
PDSs designated by the IRS to meet the “timely mailing
as timely filing” rule for information returns. Go to
IRS.gov/PDS for the current list of designated PDSs.
The PDS can tell you how to get written proof of the
mailing date.
For the IRS mailing address to use if you’re using a
PDS, go to IRS.gov/PDSstreetAddresses and select the
address that corresponds with the city of the address
where you would otherwise mail your information returns
according to the D. Where To File section.
!
CAUTION
PDSs can't deliver items to P.O. boxes. You must
use the U.S. Postal Service to mail any item to an
IRS P.O. box address.
Reporting period. Forms 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, 5498-QA, and 5498-SA are used to report
amounts contributed and the fair market value (FMV) of
an account for the calendar year.
!
CAUTION
For tax year 2021, requests for extensions of time
to file Forms 1099-QA and 5498-QA may be filed
on paper only.
Department of the Treasury
IRS Submission Processing
Center
P.O. Box 219256
Kansas City, MO 64121-9256
Department of the Treasury
IRS Submission Processing
Center
1973 North Rulon White Blvd.
Ogden, UT 84201
State and local tax departments. Contact the
applicable state and local tax department as necessary for
reporting requirements and where to file.
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).
Generally, you are not required to report
TIP payments smaller than the minimum described for
a form; however, you may prefer, for economy
and your own convenience, to file Copies A for all
payments. The IRS encourages this.
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
D. Where To File
Use the 3-line address for your state for mailing
information returns.
CAUTION
Gen. Instr. for Certain Info. Returns (2021)
Alaska, Colorado, Hawaii,
Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota,
Missouri, Montana, Nebraska,
Nevada, North Dakota,
Oklahoma, Oregon, South
Carolina, South Dakota,
Tennessee, Utah, Washington,
Wisconsin, Wyoming
Internal Revenue Service
Austin Submission Processing Center
P.O. Box 149213
Austin, TX 78714
For Forms W-2 and 1099-NEC, no automatic
extension is available. See Form 8809.
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. 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 the online fillable 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 of time to furnish
statements to recipients under part M.
!
Internal Revenue Service
Austin Submission Processing
Center
P.O. Box 149213
Austin, TX 78714
If your legal residence or principal place of business, or
principal office or agency, is outside the United States,
use the following address.
CAUTION
!
▼
Alabama, Arizona, Arkansas,
Delaware, Florida, Georgia,
Kentucky, Maine,
Massachusetts, Mississippi,
New Hampshire, New Jersey,
New Mexico, New York, North
Carolina, Ohio, Texas,
Vermont, Virginia
California, Connecticut, District
of Columbia, Louisiana,
Maryland, Pennsylvania,
Rhode Island, West Virginia
Extension of time to file. You can get an automatic
30-day extension of time to file by completing Form 8809.
The form may be submitted on paper, or through the FIRE
System either as a fill-in form or an electronic file. A
signature or explanation may be 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 Form 8809 for more
information.
Use the following address
-7-
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.
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., later. For information about filing
corrected paper returns, see part H.
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.
Because the IRS processes paper forms by
machine (optical character recognition
CAUTION equipment), you cannot file Form 1096 or Copy A
of Forms 1098, 1099, 3921, or 5498 that you print from
the IRS website. But see Online fillable forms, later, for
some forms that you can fill in and print from the IRS
website. Additionally, you can still use Copy B of online
forms to provide recipient statements, even if you can’t file
the online forms with the IRS.
!
Shipping and mailing. Send the forms to the IRS in a
flat mailer (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
1. Postal regulations require forms and packages to be
sent by First-Class Mail.
You can order information returns and instructions
online at IRS.gov/OrderForms, or you can mail an order to
the address in part T.
F. Electronic Reporting
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.
Electronic reporting may be required for filing all
information returns discussed in these instructions, other
than Forms 1099-QA and 5498-QA (see Who must file
electronically, later). Different types of payments, such as
interest, dividends, and rents, may be reported in the
same submission.
Online fillable forms. Due to the very low volume of
paper Forms 1097-BTC, 1098-C, 1098-MA, 1098-Q,
1099-CAP, 1099-LTC, 1099-Q, 1099-QA, 1099-SA, 3922,
5498-ESA, 5498-QA, and 5498-SA received and
processed by the IRS each year, these forms have been
converted to online fillable PDFs. You may fill out these
forms, found online at IRS.gov/FormsPubs, and send
Copy B to each recipient. For filing with the IRS, follow
your usual procedures for filing electronically if you are
filing 100 or more of a form type. If you are filing any of
these forms on paper due to a low volume of recipients,
for these forms only, you may file a black-and-white
Copy A that you print from the IRS website with Form
1096. See part G for paper document reporting. You must
not use these online fillable forms if you are required to file
electronically.
You can file Forms 1097, 1098, 1099,
3921, 3922, 5498, and W-2G, except
Forms 1099-QA and 5498-QA,
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. Pub. 1220 provides the
procedures for reporting electronically and is updated
annually. Pub. 1220 is available at IRS.gov. 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 online at FIRE.IRS.gov.
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.
2. The agent signs the form and adds the caption “For:
(Name of payer).”
!
Forms 1099-QA and 5498-QA can only be filed on
paper.
CAUTION
Due dates. File Forms 1097, most Forms 1098, and
most Forms 1099, 3921, 3922, or W-2G electronically by
March 31, 2022. File Forms 5498, 5498-ESA, 5498-QA,
or 5498-SA by May 31, 2022. See part M about providing
Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G or
statements to recipients.
!
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.
File Form 1099-NEC by January 31, 2022.
CAUTION
How to request an extension of time to file. For
information about requesting an extension of time to file,
see Extension of time to file, earlier, under part C.
!
If you file electronically, do not file the same
returns on paper.
CAUTION
-8-
Gen. Instr. for Certain Info. Returns (2021)
If a payer realizes duplicate reporting or a large
percentage of incorrect information has been filed,
CAUTION contact the information reporting customer service
site at 866-455-7438 for further instructions.
Who must file electronically. If you are required to file
250 or more information returns during the year, 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.
!
How to get approval to file electronically. File Form
4419 by November 1 of the year before your information
return(s) is due to ensure you are ready to electronically
file. Forms 4419 received after November 1 may not be
processed in time to meet your electronic filing needs.
Allow 45 days for processing. See Form 4419 for more
information. Once you have received approval, you need
not reapply each year.
If you are required to file 250 or more information
returns of any one type, you must file
CAUTION electronically. The Taxpayer First Act of 2019,
enacted July 1, 2019, authorized the Department of the
Treasury and the IRS to issue regulations that reduce the
250-return requirement for 2021 tax returns. If those
regulations are issued and if they are effective for 2021
tax returns required to be filed in 2022, we will post an
article at IRS.gov explaining the change. Until regulations
are issued, however, the number remains at 250, as
reflected in this publication. 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.
!
How to request a waiver from filing electronically. To
receive a waiver from the required filing of information
returns electronically, submit Form 8508 at least 45 days
before the due date of the returns for which you are
requesting a waiver. 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 IRS Submission Processing Center where you
file your paper returns. Keep the waiver for your records
only.
The IRS encourages you to file electronically.
TIP
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 are filing 250 or more Form 1098 corrections, they
have to be filed electronically.
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 $280 per return for failure
to file electronically unless you establish reasonable
cause. However, you can file up to 249 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, earlier.
How to report 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?
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
Send the letter to:
Internal Revenue Service
Information Returns Branch
230 Murall Drive, Mail Stop 4360
Kearneysville, WV 25430
Gen. Instr. for Certain Info. Returns (2021)
-9-
machine. Make all dollar entries without the dollar sign,
but include the decimal point (for example, 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.
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.
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 Form W-2G).
Generally, Forms 1097, 1098, 1099, 3921, 3922, and
5498 are printed two or three to an 81/2 x 11 inch sheet.
Form 1096 is printed one to an 81/2 x 11 inch sheet. These
forms must be submitted to the IRS on the 81/2 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 mailer (not folded).
2. Forms 1098-MA, 1099-CAP, 1099-H, 1099-LTC,
1099-QA, 1099-SA, 5498-ESA, 5498-QA, and 5498-SA
that you print from IRS.gov will print 1-to-a-page on 81/2 x
11 inch paper. Do not cut off the excess paper, unless you
are using a pinfeed printer. If so, remove the pinfeed strip.
3. No photocopies of any forms are acceptable. See
How To Get Forms, Publications, and Other Assistance,
later.
4. Do not staple, tear, or tape any of these forms. It will
interfere with the IRS's ability to scan the documents.
5. Pinfeed holes on the form are not acceptable.
Pinfeed strips outside the 81/2 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 (81/2 x 11 inches) before they
are filed with the IRS.
6. 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 customer
service site at 866-455-7438 (toll free).
7. 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.
8. Do not submit any copy other than Copy A to the
IRS.
9. 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.
10. 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.
11. Do not use dollar signs ($) (they are preprinted on
the forms), ampersands (&), asterisks (*), commas (,), or
other special characters in money amount boxes.
12. Do not use apostrophes (‘), asterisks (*), or other
special characters on the payee name line.
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.
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.
H. Corrected Returns on Paper Forms
!
To file corrections for electronically filed forms,
see part F and Pub. 1220.
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 IRS Submission Processing Center (see
part D), and
• 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
-10-
Gen. Instr. for Certain Info. Returns (2021)
or local tax department for help with this type of
correction.
To correct payer information, see Reporting incorrect
payer name and/or TIN, earlier.
page even if only one of the forms on the page is a good
return.
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, later, 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 for Filing Corrected Returns on Paper Forms, 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
CAUTION subject to a 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 meet the
reasonable-cause criteria. You are merely required to
include the correct TIN on the next original return you are
required to file.
!
However, 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.
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
Gen. Instr. for Certain Info. Returns (2021)
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Error Charts for Filing Corrected Returns on Paper Forms
Identify the correction needed based on Error Type 1 or 2; then follow the steps to make the corrections and file the
form(s). Also see part H, earlier.
Error Type 1
Correction
Incorrect money amount(s), code, or
checkbox
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 IRS Submission
Processing 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 or a
payee name, 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 payee name,
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 and name.
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.
• Filed To Correct Return.
3. Provide all requested information on the form as it
applies to the returns prepared in Steps 1 and 2.
4. File Form 1096 and Copy A of the return with the
appropriate IRS Submission Processing Center.
5. Do not include a copy of the original return that
was filed incorrectly.
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Gen. Instr. for Certain Info. Returns (2021)
J. Recipient Names and Taxpayer
Identification Numbers (TINs)
Recipient names. 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
owner's name only on the first name line and the LLC's
name on the second name line. For the TIN, enter the
owner's SSN (or EIN, if applicable). If the LLC is taxed as
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 IRS.gov/irb/
2006-40_IRB#NOT-2006-83.
TINs. TINs are used to associate and verify amounts you
report to the IRS with corresponding amounts on tax
returns. Therefore, it is important that you report 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.
Only one recipient TIN can be entered on the
TIP form.
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, as appropriate. Form W-9 is required to be
completed by recipients of certain types of payments (as
provided in Regulations section 31.3406(d)-1). See the
Gen. Instr. for Certain Info. Returns (2021)
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.
!
CAUTION
U.S. resident aliens who rely on a “saving clause”
of a tax treaty are to complete Form W-9, not
Form W-8BEN. See Pub. 515 and Pub. 519.
You may be subject to a penalty for an incorrect or
missing TIN on an information return. See part O for more
information. 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.
If the recipient does not provide a TIN, leave the
TIP box for the recipient's TIN blank on the Form
1097, 1098, 1099, 3921, 3922, 5498, or W-2G.
Backup withholding may apply; see part N.
If the recipient does not provide a TIN, you may
not make the election described in Regulations
CAUTION section 1.1471-4(d)(5)(i)(A) or (B) or report as
described in Regulations section 1.1471-4(d)(2)(iii)(A).
!
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. 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).
Expired ITINs may continue to be used for
information return purposes regardless of whether
CAUTION they have expired for individual income tax return
filing purposes. Additionally, the third parties who file and
furnish information returns with an expired payee ITIN will
not be subject to information return penalties under
section 6721 or 6722 solely because the ITIN is expired.
See Notice 2016-48, 2016-33 I.R.B. 235, available at
IRS.gov/irb/2016-33_IRB#NOT-2016-48.
!
Truncating payee’s TIN on payee statements. Filers
of information returns are permitted to truncate a payee's
TIN (SSN, ITIN, ATIN, or EIN) on most payee statements.
The payee's TIN may not be truncated on Form W2-G.
Where permitted, filers may truncate a payee's TIN 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
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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 a
TIN 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 TIN on any forms the filer files with
the IRS. A filer's TIN may not be truncated on any form. To
truncate where allowed, replace the first five digits of the
nine-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). See TD 9675,
2014-31 I.R.B. 242, available at IRS.gov/irb/
2014-31_IRB#TD-9675.
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
adviser (corporation, partnership, or individual) or an
introducing broker. An investment adviser 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 adviser or broker must show in writing to
the payer that the payee authorized the adviser or broker
to transmit the Form W-9 to the payer.
Generally, the electronic system must do the following.
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.
For Forms W-9 that are not required to be signed,
TIP the electronic system need not provide for an
electronic signature or a perjury statement.
Additional requirements may apply. See
Announcement 98-27, available on page 30 of Internal
Revenue Bulletin 1998-15 at IRS.gov/pub/irs-irbs/
irb98-15.pdf, and Announcement 2001-91, available on
page 221 of Internal Revenue Bulletin 2001-36 at
IRS.gov/pub/irs-irbs/irb01-36.pdf.
Electronic submission of Forms W-9S. See the
Instructions for Forms 1098-E and 1098-T.
K. Filer's Name, Taxpayer
Identification Number (TIN), and
Address
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 (including to report backup
withholding). See Pub. 583.
If you are an FFI making the election described in
TIP Regulations section 1.1471-4(d)(5)(i)(A) or (B),
you are required to use an EIN and cannot, for
purposes of filing a Form 1099, use your GIIN.
The filer's name and TIN are required to match the
name and TIN used on the filer's other tax returns
CAUTION (such as Form 945 to report backup withholding).
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 owner's name only on the first name line and the
LLC's name on the second name line. For the TIN, enter
the owner's SSN (or EIN, if applicable). If the LLC is taxed
as a corporation, partnership, etc., enter the entity's EIN.
If you don’t have an EIN, you may apply for one online
by visiting the IRS website at IRS.gov/EIN. You may also
apply for an EIN by faxing or mailing Form SS-4 to the
IRS. See the Instructions for Form SS-4 for more
information.
L. Account Number Box on Forms
Use the account number or policy number box on Forms
1097, 1098, 1099, 3921, 3922, and 5498 for an account
number designation. The account number is required if
you have multiple accounts for a recipient for whom you
are filing more than one information return of the same
type. The account number is also required if you are an
FFI making the election described in Regulations section
1.1471-4(d)(5)(i)(A) or (B) or are a U.S. payer reporting as
described in Regulations section 1.1471-4(d)(2)(iii)(A).
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, brokerage account
number, serial number, loan number, policy 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
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Gen. Instr. for Certain Info. Returns (2021)
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 U.S.
Postal Service may not accept these for reduced rate
mail.
M. Statements to Recipients
(Beneficiaries, Borrowers, Debtors,
Donors, Employees, Insureds,
Participants, Payment Recipients,
Payers, Policyholders, Sellers,
Shareholders, Students, Transferors,
or Winners on Certain Forms)
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.
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.
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-F, 1098-MA, 1098-Q, 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-LS, 1099-LTC, 1099-MISC (excluding
fishing boat proceeds), 1099-NEC, 1099-OID,
1099-PATR, 1099-Q, 1099-QA, 1099-R, 1099-S,
1099-SA, and 1099-SB. 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, or
on Forms 3921 and 3922, you are encouraged to furnish
telephone numbers.
Rules for furnishing statements. Different rules apply
to furnishing statements to recipients depending on the
type of payment (or other information) you are reporting
and the form you are filing.
If you are reporting a payment that includes
TIP noncash property, show the FMV of the property
at the time of payment.
Report the type of payment information as described
next for: (a) Dividend, interest, and royalty payments; (b)
Real estate transactions; and (c) Other information.
Gen. Instr. for Certain Info. Returns (2021)
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 OID
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, 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 section 1.3.2 of Pub.
1179.
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
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pluralize the word “document” in the legend simply
because more than one recipient statement
is enclosed.
If you provide Forms 1097, 1098, 1099, 3921,
TIP 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.
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, 1099-NEC, see Other
information, later. For Form 1099-S, see Real estate
transactions, later.
All substitute statements to recipients must
TIP contain the tax year, form number, and form name
prominently displayed together in one area of the
statement. For example, they could be shown in the upper
right part of the statement.
If you are using substitutes, the IRS encourages you to
use boxes so that the substitute has the appearance of a
form. The substitute form must contain the same
applicable instructions as on the front and back of Copy B
(in the case of Form 1099-R, Copies B, C, and 2) of the
official IRS form. See Pub. 1179 for additional
requirements and certain “composite” statements that are
permitted.
Real estate transactions. You must furnish a statement
to the transferor containing the same information reported
to the IRS on Form 1099-S. You may use Copy B of the
official IRS Form 1099-S or a substitute form that
complies with Pub. 1179 and Regulations section
1.6045-4(m). You may use a 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-F, 1098-Q,
1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G,
1099-K, 1099-LS, 1099-LTC, 1099-MISC, 1099-NEC,
1099-Q, 1099-QA, 1099-R, 1099-SA, 1099-SB, 3921,
3922, 5498, 5498-ESA, 5498-QA, 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 or
1099-S, 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.
When to furnish forms or statements. Generally, you
must furnish Forms 1098, 1099, 3921, 3922, and W-2G
information by January 31, 2022. Forms 1099-B, 1099-S,
and 1099-MISC (if you are reporting payments in only
box 8 or 10) must be furnished by February 15, 2022.
Also, this applies to statements furnished as part of a
consolidated reporting statement. See TD 9504, 2010-47
I.R.B. 670, available at IRS.gov/irb/
2010-47_IRB#TD-9504. 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 redeeming U.S. Savings Bonds at the time of
redemption. Brokers and barter exchanges may furnish
Form 1099-B anytime but not later than February 15,
2022.
Form 1099-SB must generally be furnished by
February 15, 2022. However, if notice of a transfer to a
foreign person is not received until after January 31, 2022,
the due date is 30 days after the date notice is received.
See Regulations section 1.6050Y-3(d)(2). Form 1099-LS
must be furnished to reportable policy sale payment
recipients by February 15, 2022. See Regulations section
1.6050Y-2(d)(1)(ii). Form 1099-LS must be furnished to
issuers by January 18, 2022, at the latest, but must be
furnished by the later of 20 calendar days after the
reportable policy sale or 5 calendar days after the end of
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Gen. Instr. for Certain Info. Returns (2021)
the applicable state law rescission period if the later date
occurs before January 18, 2022. See Regulations section
1.6050Y-2(d)(2)(ii).
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 2nd 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
Form 5498 to participants with a statement of the value of
the participant's account, and RMD, if applicable, by
January 31, 2022. The FMV of SEP IRAs must also be
furnished to the participant by January 31, 2022.
Traditional IRA, Roth IRA, SEP IRA, or SIMPLE IRA
contribution information must be furnished to the
participant by May 31, 2022.
Trustees of a SIMPLE IRA must furnish a statement of
the account balance and the account activity by January
31, 2022.
Trustees and middlemen of a WHFIT must furnish the
required statement by March 15, 2022.
For real estate transactions, you may furnish Form
1099-S to the transferor at closing or by mail on or before
February 15, 2022.
Filers of Forms 5498 or 5498-SA who furnish a
statement of FMV of the account to the participant by
January 31, 2022, with no reportable contributions,
including rollovers, made in 2021, need not furnish
another statement by May 31, 2022, 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 IRS.
Form 5498-ESA must be furnished to the beneficiary by
May 2, 2022.
Form 5498-QA must be furnished to the beneficiary by
March 15, 2022.
See the Guide to Information Returns, later, for the date
other information returns are due to the recipient.
If the statement is properly addressed and mailed, or,
with respect to electronic recipient statements, posted to a
website, on or before the due date, it will be deemed
timely furnished. If the regular due date falls on a
Saturday, Sunday, or legal holiday in the District of
Columbia, furnish by the next business day. A business
day is any day that is not a Saturday, Sunday, or legal
holiday in the District of Columbia. See section 11 of Pub.
15 for a list of legal holidays.
Electronic recipient statements. If you are required to
furnish a written statement (Copy B or an acceptable
substitute) to a recipient, then you may generally furnish
the statement electronically instead of on paper, but only if
you meet the requirements discussed later in this section.
This includes furnishing the statement to recipients of
Gen. Instr. for Certain Info. Returns (2021)
Forms 1097-BTC, 1098, 1098-E, 1098-F, 1098-Q,
1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV,
1099-G, 1099-H, 1099-INT, 1099-K, 1099-LS, 1099-LTC,
1099-MISC, 1099-NEC, 1099-OID, 1099-PATR, 1099-Q,
1099-QA, 1099-R, 1099-S, 1099-SA, 1099-SB, 3921,
3922, 5498, 5498-ESA, 5498-QA, and 5498-SA. Also, it
includes Form W-2G (except for horse and dog racing, jai
alai, sweepstakes, wagering pools, and lotteries).
!
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.
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 statement for a particular year, 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. Also, confirmation of the
withdrawal 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 do the following.
• 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 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 information regarding the electronic furnishing of
Forms W-2, which the IRS generally applies to the forms
addressed by these instructions, see Regulations section
31.6051-1.
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For additional specific instructions on the electronic
furnishing of:
• Forms 1098-E and 1098-T, see Regulations section
1.6050S-2;
• 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 IRS.gov/irb/2004-06_IRB#NOT-2004-10;
• Forms 3921 and 3922, see the form instructions;
• Form 1099-K, see Regulations section 1.6050W-2(a)(2)
(i); and
• Forms 1099-QA and 5498-QA, see Regulations section
1.529A-7, available at IRS.gov/irb/
2020-50_IRB#TD-9923.
Extension of time to furnish statements to recipients.
You may request an extension of time to furnish the
statements to recipients by faxing a letter to:
Internal Revenue Service Technical Services
Operation
Attn: Extension of Time Coordinator
Fax: 877-477-0572 (International Fax: 304-579-4105)
Do not submit an extension by mail.
The letter must include (a) payer name, (b) payer TIN,
(c) payer address, (d) type of return (Form 1042-S, Form
W-2, specific 1099 family form), (e) a statement that your
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 received no later than 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.
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, gambling winnings, payment card and
third-party network transactions, and certain payments
made by fishing boat operators) may be subject to backup
withholding at a 24% rate. To be subject to backup
withholding, a payment must be a reportable interest
(including tax-exempt interest and exempt-interest
dividends) or dividend payment under section 6049(a),
6042(a), or 6044 (if the patronage dividend is paid in
money or qualified check), or an “other” reportable
payment under section 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 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. Payee failure to
certify that he or she is not subject to backup withholding
under When to apply backup withholding, later.
6. The payment is also a withholdable payment under
chapter 4 (sections 1471–1474) that is made to a
recalcitrant account holder that is a U.S. nonexempt
recipient, and you are a PFFI (including a Reporting
Model 2 FFI) that elects to withhold under section 3406 to
satisfy your withholding obligation under Regulations
section 1.1471-4(b)(1). See Regulations section
1.1471-4(b)(3)(iii).
!
CAUTION
If you do not collect and pay over backup
withholding from affected payees as required, you
may become liable for any uncollected amount.
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 the following.
• 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
(HSA) and long-term care benefits.
• Certain surrenders of life insurance contracts.
• Distributions from qualified tuition programs (QTPs) 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).
• Canceled debts reportable under section 6050P.
• Fish purchases for cash reportable under section
6050R.
• Reportable payments that are withholdable payments
made to a recalcitrant account holder that is a U.S.
nonexempt recipient from which you have withheld under
chapter 4. See Regulations section 1.1474-6(f).
When to apply backup withholding. Generally, the
period for which the 24% 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
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Gen. Instr. for Certain Info. Returns (2021)
not already begun backup withholding, begin backup
withholding and continue until the TIN is provided.
The 60-day exemption from backup withholding
applies only to interest and dividend payments
CAUTION and certain payments made with respect to
readily tradable instruments. Therefore, any other
payment, such as NEC, 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 an incorrect TIN notice from the IRS, 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 the payee’s TIN).
The IRS will furnish a notice to you that informs
TIP you that you have filed an information return
reporting on an incorrect name/TIN combination.
You are then 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).
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 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 stop notice.
You must notify the payee when withholding
TIP under this procedure starts. For further
information, see Regulations section
31.3406(c)-1(d).
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).
For special rules on backup withholding on
TIP 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
Gen. Instr. for Certain Info. Returns (2021)
the amount of the payment on Forms W-2G, 1099-B,
1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC,
1099-NEC, 1099-OID, or 1099-PATR even if the amount
of the payment is less than the amount for which an
information return is normally required.
!
The EIN of the filer of the forms listed above must
be the EIN of the filer of Form 945.
CAUTION
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 2021 by January
31, 2022. For more information, including the deposit
requirements for Form 945, see the separate Instructions
for Form 945, and 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, and may be reported on Form 943, Form
944, or Schedule H (Form 1040).
• Form 1042-S withholding must be reported on Form
1042.
Pub. 515 has more information on Form 1042
TIP reporting, partnership withholding on effectively
connected income, and dispositions of U.S. real
property interests by a foreign person.
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.
For information on the penalty for failure to file
TIP electronically, see Penalty, earlier, in part F.
Failure To File Correct Information Returns by
the Due Date (Section 6721)
If you fail to file a correct information return by the due
date and you cannot show reasonable cause, you may be
subject to a penalty. The penalty applies:
• If you fail to file timely,
• If you fail to include all information required to be shown
on a return, or
• If you include incorrect information on a return.
The penalty also applies:
• If you file on paper when you were required to file
electronically,
• If you report an incorrect TIN,
• If you fail to report a TIN, or
• If you fail to file paper forms that are machine readable
and applicable revenue procedures provide for a
machine-readable paper form.
The amount of the penalty is based on when you file
the correct information return. The penalty is as follows.
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• $50 per information return if you correctly file within 30
days (by March 30 if the due date is February 28);
maximum penalty $571,000 per year ($199,500 for small
businesses, defined below).
• $110 per information return if you correctly file more
than 30 days after the due date but by August 1;
maximum penalty $1,713,000 per year ($571,000 for
small businesses).
• $280 per information return if you file after August 1 or
you do not file required information returns; maximum
penalty $3,426,000 per year ($1,142,000 for small
businesses).
!
CAUTION
If you do not file corrections and you do not meet
any of the exceptions to the penalty described
later, the penalty is $280 per information return.
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 except as provided, later, with respect to
the safe harbor for de minimis dollar amount errors.
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 timely,
b. Either failed to include all the information required
on a return or included incorrect information, and
c. Filed corrections by August 1.
If you meet all the conditions in (a), (b), and (c) above,
the penalty for filing incorrect returns will not apply to the
greater of 10 information returns or 1/2 of 1% (0.005) of the
total number of information returns you are required to file
for the calendar year.
4. Safe harbor for de minimis dollar amount errors.
See Safe Harbor for De Minimis Dollar Amount Errors on
Information Returns and Payee Statements Under
Sections 6721 and 6722, later.
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 penalty is at least $570 per information
return with no maximum penalty.
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 the due date (January 31 for most returns;
see the Guide to Information Returns, later), 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.
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,
except as provided, later, with respect to the safe harbor
for de minimis dollar amount errors; (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
$570 per payee statement with no maximum penalty.
No penalty will be imposed on an educational
institution that fails to provide the TIN of a student
CAUTION on Form 1098-T if the institution certifies under
penalty of perjury that it complied with the rules for
obtaining the student’s TIN. See the 2021 Instructions for
Forms 1098-E and 1098-T for additional information.
!
Safe Harbor for De Minimis Dollar Amount
Errors on Information Returns and Payee
Statements Under Sections 6721 and 6722
If one or more dollar amounts are incorrect on an
information return filed with the IRS or on a payee
statement furnished to a recipient, no correction of the
dollar amount shall be required, and the return shall be
treated as having been filed or the payee statement
furnished as correct if:
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Gen. Instr. for Certain Info. Returns (2021)
• The difference between the dollar amount reported on
the filed return or furnished payee statement and the
correct amount is no more than $100, and
• The difference between the dollar amount reported for
tax withheld on the filed return or furnished payee
statement and the correct amount is no more than $25.
This safe harbor provision shall not apply if a recipient
to whom a statement is required to be furnished elects to
receive a corrected statement. In that case, a corrected
return must be filed with the IRS and a corrected payee
statement furnished to the recipient.
Forms 1099-B (QOF Reporting Only), 1099-Q,
1099-QA, 1099-SA, 5498, 5498-ESA, 5498-QA,
and 5498-SA (Section 6693)
The penalties under sections 6721 and 6722 do not apply
to:
Forms
Filed Under Code Section
Forms 1099-B (QOF reporting
only)
1400Z-2
1099-SA and 5498-SA
220(h) and 223(h)
5498
408(i) and 408(l)
1099-Q
529(d) and 530(h)
1099-QA and 5498-QA
529A
5498-ESA
530(h)
The penalty for failure to timely file Forms 1099-SA,
5498-SA, 5498, 1099-Q, 1099-QA, 5498-QA, or
5498-ESA 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)
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 2021 Instructions for Form 1098-C for
more detailed information.
Civil Damages for Fraudulent Filing of
Information Returns (Section 7434)
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.
P. Payments to Corporations and
Partnerships
• Broker and barter transactions for an S corporation
(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-NEC, Form 1099-MISC).
• Fish purchases for cash (Form 1099-MISC).
• Credits and interest for qualified tax credit bonds
reported on Forms 1097-BTC and 1099-INT.
• Merchant card and third-party network payments (Form
1099-K).
• 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 IRS.gov/pub/irs-irbs/irb03-26.pdf.
• Payments made in a reportable policy sale (Form
1099-LS). In addition, the following information returns are
furnished to corporations, although the information returns
do not report payments: Form 1099-SB, Seller’s
Investment in Life Insurance Contract; and Form 1098-F,
Fines, Penalties, and Other Amounts.
Reporting is generally 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, ABLE Account, Archer MSA, or
HSA
Generally, income earned in any IRA, Coverdell ESA,
ABLE account, 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, 1099-QA, or 1099-SA.
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 2021, you must have filed a final Form 1041
for 2020. To change reporting method, see Regulations
section 1.671-4(g) and the Instructions for Form 1041 and
Schedules A, B, G, J, and K-1.
For more information on WHFITs, see Widely held fixed
investment trusts (WHFITs), earlier.
Generally, payments to corporations are not reportable.
See, for example, 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).
Gen. Instr. for Certain Info. Returns (2021)
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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
from a foreign intermediary or flow-through entity, follow
the instructions for completing Form 1099, later.
Definitions
Foreign intermediary (FI). An FI 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 (described
in Regulations section 1.1441-1(e)(5)(iii)) and is:
• An FFI (other than a U.S. branch of an FFI) that is a
participating FFI (including a Reporting Model 2 FFI), a
registered deemed-compliant FFI (including an FFI
treated as a deemed-compliant FFI under an applicable
IGA subject to due diligence and reporting requirements
similar to those applicable to a registered
deemed-compliant FFI under Regulations section
1.1471-5(f)(1), including the requirement to register with
the IRS), or any other category of FFI identified in the QI
agreement;
• A foreign person that has a home office or has a branch
that is an eligible entity (as described in Regulations
section 1.1441-1(e)(6)(ii), without regard to the
requirement that the person be a QI);
• A foreign branch or office of a U.S. financial institution
or a foreign branch or office of a U.S. clearing
organization; or
• A foreign entity not described above that the IRS
accepts as a QI.
For details on QI agreements, see Rev. Proc. 2017-15,
2017-03 I.R.B. 437, available at IRS.gov/irb/
2017-03_IRB#RP-2017-15.
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
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. 2017-21, 2017-6 I.R.B. 791,
available at IRS.gov/irb/2017-06_IRB#RP-2017-21, 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.
Presumption Rules
For additional information including details on the
TIP presumption rules, see the Instructions for the
Requester of Forms W-8BEN, W-8BEN-E,
W-8ECI, W-8EXP, and W-8IMY; and Pub. 515. To order,
see How To Get Forms, Publications, and Other
Assistance under part T.
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.
• 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).
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.
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
payments subject to withholding during the grace period.
If, after the grace period expires, you 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 expiration of the grace
period.
-22-
Gen. Instr. for Certain Info. Returns (2021)
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 unless you
are not required to report the payment under Regulations
section 1.6049-4(c)(4) (applicable only to certain
payments to specified FFIs). Also, on the second name
line below the recipient's name, enter “IMY” followed by
the name of the QI, NQI, or FTE.
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.
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, do the
following.
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 NQI or FTE.
3. Enter the EIN of the NQI or FTE, if applicable, in the
recipient's TIN box.
4. Furnish a copy of the Form 1099 with “unknown
recipient” to the NQI or FTE who is acting on the
recipient's behalf.
A payer that is required to report payments made
to a U.S. nonexempt recipient account holder but
CAUTION does not receive the necessary allocation
information cannot report those payments on a pro rata
basis. Report unallocated payments using the
presumption rules described above.
!
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
Gen. Instr. for Certain Info. Returns (2021)
• A U.S. branch or territory financial institution described
in Regulations section 1.1441-1(b)(2)(iv) that is treated as
a U.S. person.
For more information, see Regulations section
1.6049-5(c)(5).
Exceptions. The following payments are not subject to
reporting by a non-U.S. payer.
1. A foreign source payment paid and received
outside the United States. For example, see Regulations
section 1.6049-4(f)(16).
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.
4. A payment made by certain FFIs for which an
exception to reporting applies under Regulations section
1.6049-4(c)(4).
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.
T. How To Get Tax Help
Information Reporting Program Customer
Service Section
For answers to your 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, 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
800-829-4933.
If you have a hearing or speech disability and have
access to TTY/TDD equipment, call 800-829-4059 to ask
tax account questions.
Internal Revenue Bulletin (IRB)
The 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.
-23-
Contacting Your Taxpayer Advocate
The Taxpayer Advocate Service (TAS) is there to help
you. The TAS is your voice at the IRS. Their job is to
ensure that every taxpayer is treated fairly and that you
know and understand your rights.
What can the TAS do for you? They can offer you
free help with IRS problems that you can't resolve on your
own. They know this process can be confusing, but the
worst thing you can do is nothing at all! The 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; or
• You've tried repeatedly to contact the IRS but no one
has responded, or the IRS hasn't responded by the date
promised.
If you qualify for their 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
they can help.
• The TAS is an independent organization within the IRS.
• Their advocates know how to work with the IRS.
• Their services are free and tailored to meet your needs.
• They have offices in every state, the District of
Columbia, and Puerto Rico.
How can you reach them? If you think the TAS can
help you, call your local advocate, whose number is in
your local directory and at IRS.gov/Advocate, or call them
toll free at 877-777-4778.
How else does the TAS help taxpayers? The 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 them by going to IRS.gov/
SAMS.
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 888-912-1227 or go to
ImproveIRS.org.
How To Get Forms, Publications, and Other
Assistance
Forms, instructions, and publications. Visit IRS.gov/
FormsPubs to download forms and publications.
Otherwise, you can go to IRS.gov/OrderForms to order
current and prior-year forms and instructions. Your order
should arrive within 10 business days. You can also mail
an order to the address at the mail icon below.
Because the IRS processes paper forms by
machine (optical character recognition
CAUTION equipment), 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.
!
Exception. Forms 1097-BTC, 1098-C, 1098-MA,
1099-CAP, 1099-H, 1099-LTC, 1099-Q, 1099-QA,
1099-SA, 3922, 5498-ESA, 5498-QA, and 5498-SA can
be filled out online and Copy A can be printed and filed
with the IRS using Form 1096.
Mail. You can send your order for forms,
instructions, and publications to the address
below. You should receive a response within 10
business days after your request is received.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613
Online. Go to IRS.gov 24 hours a day, 7 days a
week to do the following.
•
•
•
•
Access commercial tax preparation and e-file services.
Research your tax questions online.
Search publications online by topic or keyword.
Use the online Internal Revenue Code, regulations, or
other official guidance.
• View IRBs published in the last few years.
• Sign up to receive local and national tax news by email.
Comments and Suggestions
We welcome your comments about this publication and
your suggestions for future editions.
You can send your comments from IRS.gov/
FormComments.
Or you can write to us at the following address.
Internal Revenue Service
Tax Forms and Publications Division
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
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.
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.
Sections 170(f)(12), 199, 220(h), 223, 408, 408A, 529,
529A, 530, 853A, 6039, 6041, 6041A, 6042, 6043, 6044,
6045, 6047, 6049, 6050A, 6050B, 6050D, 6050E, 6050H,
6050J, 6050N, 6050P, 6050Q, 6050R, 6050S, 6050T,
6050U, 6050W, 6050X, 6050Y, 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.
-24-
Gen. Instr. for Certain Info. Returns (2021)
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-F . .
1098-MA
1098-Q . .
1098-T . .
1099-A . .
1099-B . .
1099-C . .
1099-CAP*
1099-DIV .
1099-G . .
1099-H . .
1099-INT .
1099-K . .
1099-LS .
1099-LTC
1099-MISC
1099-NEC
1099-OID
1099-PATR
1099-Q . .
1099-QA .
1099-R . .
1099-S . .
1099-SA .
1099-SB .
3921* . . .
3922* . . .
5498 . . . .
5498-ESA
5498-QA .
5498-SA .
W-2G . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
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* Privacy Act does not pertain to this form.
Gen. Instr. for Certain Info. Returns (2021)
14 minutes
19 minutes
15 minutes
18 minutes
7 minutes
7 minutes
14 minutes
8 minutes
13 minutes
9 minutes
25 minutes
13 minutes
11 minutes
24 minutes
18 minutes
18 minutes
13 minutes
27 minutes
7 minutes
13 minutes
18 minutes
5 minutes
13 minutes
15 minutes
13 minutes
10 minutes
25 minutes
8 minutes
11 minutes
7 minutes
11 minutes
12 minutes
24 minutes
7 minutes
11 minutes
10 minutes
24 minutes
Burden estimates are based upon current statutory
requirements as of October 2020. Estimates of burden do
not reflect any future legislative changes that may affect
the 2021 tax year. Any changes to burden estimates will
be included in the IRS’s annual Paperwork Reduction Act
submission to the Office of Management and Budget
(OMB) and will be made publicly available on
RegInfo.gov.
If you have comments concerning the accuracy of
these time estimates, we would be happy to hear from
you. You can send your comments from IRS.gov/
FormComments. Send your comments to the Internal
Revenue Service, Tax Forms and Publications, 1111
Constitution Ave. NW, IR-6526, Washington, DC 20224.
Do not send these forms to this address. Instead, see part
D.
-25-
Guide to Information Returns (If any date shown falls on a Saturday, Sunday, or legal holiday in the
District of Columbia or where the return is to be filed, the due date is the next business day.)
Due Date
Form
Title
What To Report
1042-S
Foreign Person's U.S. Income such as interest, dividends, royalties, pensions and annuities,
Source Income
etc., and amounts withheld under chapter 3. Also, distributions of
Subject to Withholding effectively connected income by publicly traded partnerships or nominees.
1097-BTC
Bond Tax Credit
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
Not yet required. See
IRS.gov/Form1098F
N/A
N/A
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 Motor Information regarding a donated motor vehicle, boat, or airplane.
Vehicles, Boats, and
Airplanes
1098-E
Student Loan Interest
Statement
Student loan interest received in the course of your trade or business.
1098-F
Fines, Penalties, and
Other Amounts
Statement furnished by a government or governmental entity regarding a
court order or agreement with respect to a violation or potential violation of
law.
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
Qualifying Longevity
Annuity Contract
Information
Status of a contract that is intended to be a qualifying longevity annuity
contract (QLAC), defined in section A-17 of Regulations section 1.401(a)
(9)-6, that is purchased or held under any plan, annuity, or account
described in section 401(a), 403(a), 403(b), or 408 (other than a Roth IRA)
or eligible governmental plan under section 457(b).
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 Sales or redemptions of securities, futures transactions, commodities, and
and Barter Exchange barter exchange transactions (including payments reported pursuant to an
Transactions
election described in Regulations section 1.1471-4(d)(5)(i)(A) or reported
as described in Regulations section 1.1471-4(d)(2)(iii)(A)).
All amounts
February 28*
February 15**
$600 or more
February 28*
January 31
Over $1,000
February 28*
(To Shareholders)
January 31, (To
Clearing
Organization)
January 5
$10 or more, except
$600 or more for
liquidations
February 28*
January 31**
$10 or more for refunds
and unemployment
February 28*
January 31
All amounts
February 28*
January 31
1098-Q
1099-C
1099-CAP
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.
Changes in Corporate
Control and Capital
Structure
Information about cash, stock, or other property from an acquisition of
control or the substantial change in capital structure of a corporation.
Dividends and
Distributions
Distributions, such as dividends, capital gain distributions, or nontaxable
distributions, that were paid on stock and liquidation distributions
(including distributions reported pursuant to an election described in
Regulations section 1.1471-4(d)(5)(i)(A) or reported as described in
Regulations section 1.1471-4(d)(2)(iii)(A)).
1099-G
Certain Government
Payments
Unemployment compensation, state and local income tax refunds,
agricultural payments, and taxable grants.
1099-H
Health Coverage Tax
Credit (HCTC)
Advance Payments
Health insurance premiums paid on behalf of certain individuals.
1099-DIV
* The due date is March 31 if filed electronically.
** The due date is March 15 for reporting by trustees and middlemen of WHFITs.
-26-
Gen. Instr. for Certain Info. Returns (2021)
Guide to Information Returns (Continued)
Due Date
Form
1099-INT
1099-K
What To Report
Amounts To Report
To IRS
To Recipient
(unless indicated
otherwise)
Interest income (including payments reported pursuant to an election
described in Regulations section 1.1471-4(d)(5)(i)(A) or reported as
described in Regulations section 1.1471-4(d)(2)(iii)(A)); market discount
subject to an election under section 1278(b). Tax-exempt interest is also
reported on this form.
$10 or more ($600 or
more in some cases)
February 28*
January 31**
February 28*
January 31
All amounts***
February 28*
For reportable
policy sale payment
recipient, February
15; For issuer,
January 15, or
earlier as required
by Regulations
section 1.6050Y-2(d)
(2)(i)(A)
All amounts
February 28*
January 31
Title
Interest Income
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-LS
1099-LTC
1099-MISC
Reportable Life
Insurance Sale
Payments made to a payment recipient in a reportable policy sale.
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.
Miscellaneous
Information
Rent or royalty payments; prizes and awards that are not for services,
such as winnings on TV or radio shows (including payments reported
pursuant to an election described in Regulations section 1.1471-4(d)(5)
(i)(A) or reported as described in Regulations section 1.1471-4(d)(2)(iii)
(A)).
Payments to crew members by owners or operators of fishing boats
including payments of proceeds from sale of catch.
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
Fish purchases paid in cash for resale.
$600 or more
Crop insurance proceeds.
$600 or more
Nonemployee
Compensation
Original Issue
Discount
1099-PATR Taxable Distributions
Received From
Cooperatives
February 28*
$10 or more
Gross proceeds paid to attorneys.
$600 or more
February 15**
A U.S. account for chapter 4 purposes to which you made no payments
during the year that are reportable on any applicable Form 1099 (or a
U.S. account to which you made payments during the year that do not
reach the applicable reporting threshold for any applicable Form 1099)
reported pursuant to an election described in Regulations section
1.1471-4(d)(5)(i)(A).
All amounts
(including $0)
January 31**
Payments for services performed for a trade or business by people not
treated as its employees (including payments reported pursuant to an
election described in Regulations section 1.1471-4(d)(5)(i)(A) or
reported as described in Regulations section 1.1471-4(d)(2)(iii)(A)).
Examples: fees to subcontractors or directors and golden parachute
payments.
Aggregated direct sales of consumer goods for resale.
1099-OID
January 31**
Substitute dividends and tax-exempt interest payments reportable by
brokers.
Aggregated direct sales of consumer goods for resale.
1099-NEC
$600 or more, except
$10 or more for
royalties
February 15**
$5,000 or more
$600 or more
January 31
January 31
$5,000 or more
Original issue discount (including amounts reported pursuant to an
election described in Regulations section 1.1471-4(d)(5)(i)(A) or
reported as described in Regulations section 1.1471-4(d)(2)(iii)(A));
market discount subject to an election under section 1278(b).
Tax-exempt OID is also reported on this form.
$10 or more
February 28*
January 31**
Distributions from cooperatives passed through to their patrons including
any domestic production activities deduction and certain pass-through
credits.
$10 or more
February 28*
January 31
* The due date is March 31 if filed electronically.
** The due date is March 15 for reporting by trustees and middlemen of WHFITs.
*** See Regulations sections 1.6050Y-1(a)(16)(ii) and 1.6050Y-2(f)(2) for exceptions for amounts paid to persons other than sellers. Also, no amounts are required to be reported on
statements furnished to issuers. See Regulations section 1.6050Y-2(d)(2)(i)(A).
Gen. Instr. for Certain Info. Returns (2021)
-27-
Guide to Information Returns (Continued)
Due Date
Amounts To
Report
To IRS
To Recipient
(unless indicated
otherwise)
All amounts
February 28*
January 31
All amounts
February 28
January 31
$10 or more
February 28*
January 31
Generally, $600 or
more
February 28*
February 15
All amounts
February 28*
January 31
All amounts
March 1* (except as
provided in
Regulations section
1.6050Y-3(c))
February 15 (except
as provided in
Regulations section
1.6050Y-3(d)(2))
Exercise of an
Transfer of stock pursuant to the exercise of an incentive stock option
Incentive Stock
under section 422(b).
Option Under Section
422(b)
All amounts
February 28*
January 31
Transfer of Stock
Acquired Through an
Employee Stock
Purchase Plan Under
Section 423(c)
Transfer of stock acquired through an employee stock purchase plan
under section 423(c).
All amounts
February 28*
January 31
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.
All amounts
May 31
(To Participant)
For FMV/RMD,
January 31;
For contributions,
May 31
5498-ESA
Coverdell ESA
Contribution
Information
Contributions (including rollover contributions) to a Coverdell ESA.
All amounts
May 31
April 30
5498-QA
ABLE Account
Contributions
Information
Contributions (including rollover contributions) to an ABLE account.
All amounts
May 31
March 15
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.
All amounts
May 31
(To Participant)
May 31
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.
Generally, $600 or
more; $1,200 or
more from bingo or
slot machines;
$1,500 or more
from keno
February 28*
January 31
Form
1099-Q
Title
What To Report
Payments From
Qualified Education
Programs (Under
Sections 529 and
530)
Earnings from qualified tuition programs and Coverdell ESAs.
1099-QA
Distributions From
ABLE Accounts
Distributions from ABLE accounts.
1099-R
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 (including payments
reported pursuant to an election described in Regulations section
1.1471-4(d)(5)(i)(B) or reported as described in Regulations section
1.1471-4(d)(2)(iii)(A)).
1099-S
Proceeds From Real
Estate Transactions
Gross proceeds from the sale or exchange of real estate and certain
royalty payments.
1099-SA
Distributions From an Distributions from an HSA, Archer MSA, or Medicare Advantage MSA.
HSA, Archer MSA, or
Medicare Advantage
MSA
1099-SB
3921
3922
5498
Seller’s Investment in
Life Insurance
Contract
Seller’s investment in a life insurance contract as determined by the
issuer.
* The due date is March 31 if filed electronically.
-28-
Gen. Instr. for Certain Info. Returns (2021)
Types of Payments
Below is an alphabetic list of some payments
and the forms to file and report them on.
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
ABLE accounts:
—Contributions . . . . . . . . . . . . . . . . . .
—Distributions . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . .
Debt cancellation . . . . . . . . . . . . . . . . . .
Dependent care payments . . . . . . . . . . . . .
Direct rollovers . . . . . . . . . . . . . . . . . . .
Type of Payment
Foreign persons' income . . . . . . . . . . . . . . . . . .
401(k) contributions . . . . . . . . . . . . . . . . . . . .
404(k) dividend . . . . . . . . . . . . . . . . . . . . . . .
Gambling winnings . . . . . . . . . . . . . . . . . . . . .
Golden parachute—employee . . . . . . . . . . . . . . .
Golden parachute—nonemployee . . . . . . . . . . . . .
Grants—taxable . . . . . . . . . . . . . . . . . . . . . .
Health care services . . . . . . . . . . . . . . . . . . . .
Health coverage tax credit (HCTC) advance .payments . .
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
. . . . . . . . . . . . . . . . .
Loans, distribution from pension plan . . . . . . . . . . . .
Long-term care benefits . . . . . . . . . . . . . . . . . .
Medicare Advantage MSAs:
—Contributions . . . . . . . . . . . . . . . . . . . . . .
—Distributions . . . . . . . . . . . . . . . . . . . . . . .
Medical services . . . . . . . . . . . . . . . . . . . . . .
Mileage—employee . . . . . . . . . . . . . . . . . . . .
Mileage—nonemployee . . . . . . . . . . . . . . . . . .
Military retirement . . . . . . . . . . . . . . . . . . . . .
Mortgage assistance payments . . . . . . . . . . . . . . .
Mortgage interest . . . . . . . . . . . . . . . . . . . . . .
Moving expense . . . . . . . . . . . . . . . . . . . . . .
Nonemployee compensation . . . . . . . . . . . . . . . .
Nonqualified deferred compensation:
—Beneficiary . . . . . . . . . . . . . . . . . . . . . . .
—Employee . . . . . . . . . . . . . . . . . . . . . . . .
Nonemployee . . . . . . . . . . . . . . . . . . . . . . .
Original issue discount (OID) . . . . . . . . . . . . . . . .
Tax-exempt OID . . . . . . . . . . . . . . . . . . . . . .
Patronage dividends . . . . . . . . . . . . . . . . . . . .
Payment card transactions . . . . . . . . . . . . . . . . .
Pensions . . . . . . . . . . . . . . . . . . . . . . . . . .
Points . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prizes—employee . . . . . . . . . . . . . . . . . . . . .
Prizes—nonemployee . . . . . . . . . . . . . . . . . . .
Profit-sharing plan . . . . . . . . . . . . . . . . . . . . .
Punitive damages . . . . . . . . . . . . . . . . . . . . .
Qualified longevity annuity contract . . . . . . . . . . . . .
Qualified plan distributions . . . . . . . . . . . . . . . . .
Qualified tuition program payments . . . . . . . . . . . . .
Real estate transactions . . . . . . . . . . . . . . . . . .
Recharacterized IRA contributions . . . . . . . . . . . . .
Refund—state and local tax . . . . . . . . . . . . . . . .
Rents . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reportable policy sale . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . .
Seller’s investment in life insurance contract . . . . . . . .
SEP contributions . . . . . . . . . . . . . . . . . . . . .
SEP distributions . . . . . . . . . . . . . . . . . . . . . .
Severance pay . . . . . . . . . . . . . . . . . . . . . . .
Sick pay . . . . . . . . . . . . . . . . . . . . . . . . . .
Report on Form
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
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 .
Exercise of incentive stock option under section 422(b)
Fees—employee . . . . . . . . . . . . . . . . . . .
Fees—nonemployee . . . . . . . . . . . . . . . . .
Fishing boat crew members proceeds . . . . . . . .
Fish purchases for cash . . . . . . . . . . . . . . .
Foreclosures . . . . . . . . . . . . . . . . . . . . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
. . .
. . .
. . .
. . .
. . .
Gen. Instr. for Certain Info. Returns (2021)
5498-QA
1099-QA
1099-A
1099-LTC
1099-CAP
1099-G
W-2
1099-G
1099-R
5498-SA
1099-SA
1099-MISC
W-2
1099-NEC
W-2
1099-NEC
1099-B
1097-BTC
W-2
1099-NEC
1099-B
1099-C
1099-DIV
W-2
1099-NEC
1099-CAP
1099-R
W-2
1099-NEC
1099-B
W-2
1099-NEC
1098-C
1099-R
5498-ESA
1099-Q
1099-MISC
1099-MISC
1099-R
1099-C
W-2
1099-Q, 1099-R,
5498
1099-MISC,
1099-NEC
1099-MISC
1099-C
1099-DIV
1098-C
1098-E
W-2
W-2
1099-R
3921
W-2
1099-NEC
1099-MISC
1099-MISC
1099-A
-29-
Report on Form
1042-S
W-2
1099-DIV
W-2G
W-2
1099-NEC
1099-G
1099-MISC
1099-H
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-NEC
1099-R
1098-MA
1098
W-2
1099-NEC
1099-R
W-2
1099-NEC
1099-OID
1099-OID
1099-PATR
1099-K
1099-R
1098
W-2
1099-NEC
1099-R
1099-MISC
1098-Q
1099-R
1099-Q
1099-S
1099-R, 5498
1099-G
1099-MISC
1099-LS
1099-R
5498
1099-R
5498
1099-R
1099-MISC, 1099-S
1099-S
1099-S
1099-B
1099-R
1099-SB
W-2, 5498
1099-R
W-2
W-2
Type of Payment
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 . . . . . . . . . . . . . . . . . . . . . . . . . .
Traditional IRA contributions . . . . . . . . . . . . .
Traditional IRA distributions . . . . . . . . . . . . .
Transfer of stock acquired through an employee stock
purchase plan under section 423(c) . . . . . . . .
Tuition . . . . . . . . . . . . . . . . . . . . . . . .
Unemployment benefits . . . . . . . . . . . . . . .
Vacation allowance—employee . . . . . . . . . . .
Vacation allowance—nonemployee . . . . . . . . .
Wages . . . . . . . . . . . . . . . . . . . . . . . .
Report on Form
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
W-2, 5498
1099-R
1098-E
1099-MISC
W-2
1099-G
1099-K
W-2
5498
1099-R
3922
1098-T
1099-G
W-2
1099-NEC
W-2
-30-
Gen. Instr. for Certain Info. Returns (2021)
Index
A
Account number box 14
B
Backup withholding 2, 18, 19
C
Corporations, payments to 21
Corrected returns, how to file 10
D
Due dates 6, 8, 16
E
Electronic reporting 8
Extension to file 7
Extension to furnish statements 18
F
FATCA filing requirements 4, 13, 14
Filing returns 7
FIRE System 8
Foreign intermediaries, payments made
through 22
Foreign person, payment to 4
Form 1096 2, 7
Form 945 19
Forms, how to get 24
Form W-9 14
G
Grantor trusts 21
Guide to Information Returns 26
H
Help 23
Penalties 9, 19
Private delivery services 7
Q
Qualified settlement funds 4
I
Information returns, other 6
K
Keeping copies 8
L
Limited liability company (LLC) 13, 14
Logos or substitute statements 15, 16
M
Mailing forms 8
N
Names, TINs, etc. 13
Nominee/middleman 3
O
Ordering forms 24
P
Paper document reporting 9
Partnerships, payments to 21
Payee statements 3, 15, 16
Payments made through foreign
intermediaries 23
-31-
S
State and local tax departments 7
Statement mailing requirements 15, 16
Statements to recipients 3, 15, 16
Substitute forms 3, 10, 15, 16
Successor/predecessor reporting 3
T
Taxpayer Advocate 24
Taxpayer identification number 13, 18
Telephone numbers on statements 15
TIN Matching 3
Transmitters, paying agents, etc. 8
V
Void returns 11
W
When to file 6, 8
When to furnish statements 16
Where to file 7
Who must file 3, 9
Widely held fixed investment trusts 4
Withholding, backup 2, 18, 19
| File Type | application/pdf |
| File Title | 2021 General Instructions for Certain Information Returns |
| Subject | General Instructions for Certain Information Returns, (Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G) |
| Author | W:CAR:MP:FP |
| File Modified | 2021-01-27 |
| File Created | 2021-01-27 |