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Articles and Tax Tips

How would you (or the members of your team) handle a situation whereby one company wants to do the information reporting for all commissions paid to sales agents selling products of another company that it is working with? Read on for the full fact pattern and our answer/analysis:

 

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June’s big news was the new IRS draft Forms W-8BEN in response to the Foreign Account Taxpayer Compliance Act (FATCA). This article breaks down for our subscribers these huge changes (including the 14 key changes to compliance and reporting procedures), and what you should be doing in response.

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The problem posed by payee’s reluctant to divulge their name and taxpayer identification number (TIN) is a common one often leaving you scratching your head as to how best handle such a situation. Here is a simple solution for dealing with just such a payee:

 

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You receive a W8 Ben without a SSN/ITIN or EIN for line 6.  The work will be performed in Sweden and the vendor has checked box 9A claiming Treaty Benefits for Sweden. Can you spot the issues here? We hope so as there are two elements in particular that you need to key on in this fact pattern…

 

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The Facts: At a company’s 2011 tennis tournament, a player (athlete) was paid on the spot, but the 30% Federal Tax was not withheld.  The 2011 1042-S provided to the player (athlete) was coded as: Box 1 – 20, Box 2 – 5,000, Box 5 – 0%, Box 6 – 00, and Box 7 - $0.00, with all the other boxes correctly filled in...

 

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A 1099 reporting/compliance question that frequently comes up regards the payee's obligation to mail a 1099 when the last known address is incorrect, and you cannot seem to track them down. Here is how you should handle such situations:

 

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The Facts: A group of individuals from Puerto Rico have incorporated their band under a single name. The band then performs in the U.S. for your organization. The Question: Should 30% Non-Resident Alien withholding and Form 1042-S reporting apply? The Answer: ...

 

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Regrettably the reporting situation presented by an untimely death is all too common. Are you prepared when this happens? If not, you need to be as there are vital differences between handling payments made involving this vendor and/or the possible entities that represent the deceased after their passing.

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How to handle a vendor that provides 1099 reportable services, but to whom you have also issued an advance on an equipment purchase can be a tricky issue that needs to be handled with care...

 

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To ensure third party reporters are doing their part in making sure that their payees are accurately reporting taxes owed to the Federal Government the IRS has created a number of programs, including the focus of this article: the “B-Notice Program”.

 

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