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Articles and Tax Tips

On April 16, 2014 the IRS released the final version of Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting (Rev. April 2014).

 

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U.S. states are still currently and aggressively leveraging economic nexus to collect income tax revenue from out of state corporations doing in state business; even if that out of state business has no physical in-state presence. During this compliance season please watch out for the following states in particular:

 

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With filing season winding down for most organizations this is the time of the year that we often get questions regarding how long your AP department should hold onto previous year's filed Forms 1099 and other such related records. In short there are two schools of thought on this issue, however this is what we recommend that you do...

 

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As you hopefully know reimbursements your organization provides for an employee traveling on business (including for transportation, lodging, meals, and more) outside of the area of his/her tax home may be excludable from wages. But when is this not the case? Read on and learn what you should be looking for in order to avoid falling into an all too easy compliance trap.

 

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You have received an invoice and Form W-9 from a corporation whose TIN starts with 98.   Read on for more relevant information, decide what you would do with this vendor; and then see our analysis as to what you should consider vis a vis your IRS documentation, validation, and compliance requirements.

 

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For this week's tax tip let's take a look at a real world situation. This one involves a former employee who has started their own company, and yet gets approximately 80% of their business from their former employer. Read on for more facts, and then our analysis as we try and determine how the IRS would classify this payee.

 

The Facts:

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Settlement payments have a well deserved reputation for causing Form 1099 reporting headaches. We spend quite a bit of time worrying about reporting to; claimants, their attorney, and so on. But there are often other payments associated with settlements which can have their own reporting consequences: such as court collected filing fees.

 

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Hopefully you know that the new (August 2013) Form W-9 form has a new provision entitled “Exempt payee code (if any)”. However, must your payee fill in this field if they fall under one of the 13 listed exemption groups? In this week's tax tip let's take a look at IRS expectations regarding your compliance requirements and this new field.

 

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It's that time of the year again. You are preparing to file information returns and lo and behold you can't find your vendor's TIN. No B-Notice has ever been issued but the question remains; how many times per year does the Internal Revenue Code require you to solicit a payee for a missing TIN?

 

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You have a vendor who passed away, but you still have invoices that need to be paid.  From there you receive paperwork indicating payment should be made to the vendor's estate.  What should you do? Report to the vendor/contractor or to their estate?

 

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