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Articles and Tax Tips

Among the many "grey areas" in reporting that can trip you up are those associated with the Form 1099-MISC. Even experienced information reporters often get caught up in debates regarding whether a payment gets reported in one box or another. Today, we will look at one such trouble area; box 6 - and we will answer what should go in box 6 and not, for example, box 7.

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Filing season is officially upon us. As such, over the coming weeks we will be taking a closer look at the primary information reporting forms so that you do not make an otherwise avoidable mistake. Given the ongoing IRS enforcement push regarding payments made to Non-Resident Aliens let us begin with the Form 1042-S.

 

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One of the trickier reporting situations you will confront are those involving services payments made to Non-Resident Aliens that can be classified under Income Code 16 (independent personal services). As such, let’s take a brief look at the law and help you understand which of your service providers can be categorized as Income Code 16 payees.

 

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This filing season and for payments involving legal services/settlements, there are a number of rules you will want to keep in mind regarding the differences in reporting when different names are on the check.

 

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The American Taxpayer Relief Act of 2012 was signed into law on January 2, 2013. As many of you know the backup withholding rate was scheduled to increase from 28% to 31% on Jan. 1, 2013 if Congress did not act to keep the income tax rates at the levels they have been since 2001. So what happened to the 28% rate? Here is what you need to know...

 

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Though the IRS has long allowed the creation of and filing of substitute forms 1099 there are a number of problem areas that can trap the unwary filer. As such, here are two problems posed by IRS guidance that can be less than a model of clarity; and what you should do in response.

 

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Record retention is an important part of your due dilligence compliance requirements vis a vis Federal and U.S. State law. Therefore, we have a special suggestion when it comes to deciding when it is appropriate to dispose of past payee documentation.

 

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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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Everyone knows that payments made to U.S. incorporated legal service providers are for the most part reportable on the Form 1099-MISC. However, do the Form 1099-MISC exceptions to reporting legal service providers hold true when the legal service provider is a Non-U.S. Person?

 

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You have a payee and during the year they decide to reorganize; for example from an LLC to a Corporation or even vice versa. Do you know what compliance steps you need to take in response prior to the onset of filing season? 

 

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