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Articles and Tax Tips

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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Box one of the Form 1099-MISC continues to cause confusion regarding identifying reportable payments. This week we shall look at one such box one issue: the lease of real property and when you should NOT be reporting such payments on the Form 1099-MISC.

 

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For years the Form 1099-MISC box 6 vs. box 7 debate has confused information reporters. This week we want to remind you of a clear and simple rule that you can rely upon so that this year your reporting is in IRS compliance.

 

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Though you are currently focusing in on federal and state level reporting issues for this filing season we do want to remind you that many cities also have Form 1099 filing requirements. For instance, take a look at this list of Michigan cities:

 

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On June 5, 2013 the Michigan Department of Treasury Issued Revenue Administrative Bulletin 2013-9. This new set of regulations clarifies what it is to have nexus with the state of Michigan such that an out of state organization’s in-state activity creates a potential reporting requirement.

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Nexus is a legal term of art that describes the connection you have with a specific state, such that you are subject to those state tax reporting requirements. Determining nexus is a highly fact and circumstance dependent exercise. What follows are some of the elements you should consider in determining whether or not you have nexus with a particular state:

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There is still ample confusion regarding which states actually have reporting requirements and which states don’t. One commonly keyed upon metric is whether or not a state has a state income tax. But which states are these? And, is a lack of a state income tax enough to avoid a reporting requirement in that state?

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You have a reporting issue. You talk with different IRS representatives but they give you conflicting answers. You find an internal IRS memorandum or even a page on the IRS website that seems to provide a clear answer. Can you base your reporting decision on this documentation?

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You have a Non-US Payee, let's say Swedish, and they have provided you with the Form W-8 that you requested they complete. Job done, right? Wrong. This week let's take a look at several important validation steps that you must complete when accepting a Form W-8.

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