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According to IRS we are required to send a 1099 . . .

Question

ACCORING TO IRS WE ARE REQUIRED TO SEND A 1099 TO BOTH THE CLAIMANT AND THE ATTORNEY.
1. CAN A CLAUSE IN THE SETTLEMENT LEGAL PAPERS STATING THAT A 1099 BE SENT TO THE ATTORNEY AND MR X WILL BE RESPONSIBLE FOR ANY FEDERAL STATE OR LOCAL TAXES DUE EXEMPT OUR REQUIRMENT TO REPORT TO BOTH THE CLAIMANT AND THE ATTORNEY?

Answer

Please be careful. This is why...

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How should we report a payment made directly to a . . .

Question

How should we report a payment made directly to a Qualified Settlement Fund?

Answer

Please be careful in such situations as there are a number of issues that can come into play.

Luckily this situation is fairly straightforward.

You will report the qualifed settlement fund payment as follows:

 

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We have issued a check directly to a claimant, but . . .

Question

We have issued a check directly to a claimant, but included the attorney on the check as "c/o". Are we responsible for reporting this payment to the attorney?

Answer

Here is what you need to know:

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Is there a minimum threshold amount when reporting payments to . . .

Question

Is there a minimum threshold amount when reporting payments to attorneys and law firms?

Answer

Thresholds can vary considerably. In these situations...

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We have requested the TIN for an attorney to whom . . .

Question

We have requested the TIN for an attorney to whom we are planning to make a payment. He refuses to supply the information, claiming attorneys are exempt from reporting. Is this truly the case?

Answer

Be careful and here's why...

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How should we report our Form 1099-MISC when we made . . .

Question

How should we report our Form 1099-MISC when we made a payment directly to an individual attorney, but we have discovered that the W-9 he gave us showed his firm's name and TIN?

Answer

Be careful. Attorney payments are never easy under current IRS rules.

Nevetheless, this is how you should report:

If the check was payable to the individual, then...

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We paid a settlement to a former employee. Do we . . .

Question

We paid a settlement to a former employee. Do we report on a Form W-2 or 1099?

Answer

This is what you should do...

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To whom do we report a payment when we send . . .

Question

To whom do we report a payment when we send two checks--one to the attorney and one to the claimant?

Answer

This is how you should report:

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We cut a check with joint payees for a payment . . .

Question

We cut a check with joint payees for a payment reportable on a Form 1099. Are we required to issue 1099s to each of the listed payees?

Answer

Here is what you should do...

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When we garnish the wages of an employee, or garnish . . .

Question

When we garnish the wages of an employee, or garnish amounts owed to a contractor, and the garnishment is paid to an attorney, to whom are we responsible for reporting that amount? 

Answer

If a garnishment is made payable to an attorney or law firm then...

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