Instructions for IRS Form 1096, Form 1097, Form 1098, Form 1099, Form 3921, Form 3922, Form 5498, Form W-2g - General Instructions for Certain Information Returns 2018

January 1, 2018 "Instructions For Irs Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, And W-2g" contain the updated filing procedures for the IRS-issued Form 1096. Download your copy of the instructions by clicking the link below.

IRS Form 1096 is a tax form issued by the United States Internal Revenue Service.

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2018
Department of the Treasury
Internal Revenue Service
General Instructions for
Certain Information Returns
(Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G)
Section references are to the Internal Revenue Code
1099-MISC, 1099-PATR, 1099-R&5498, 1099-S,
unless otherwise noted.
1099-SB, and 3921.
Contents
Page
New mailing address for Kansas City, MO. Go to
part
D
for the new mailing address for paper filed information
Reminders
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
returns.
Items You Should Note
2
. . . . . . . . . . . . . . . . . . . . . . .
New filing location for certain states. Ogden, UT, has
Guide to Information Returns
2
. . . . . . . . . . . . . . . . . . .
been added as a new filing location for certain states. Go
A. Who Must File
2
. . . . . . . . . . . . . . . . . . . . . . . . . . .
to
part D
for the new mailing address.
B. Other Information Returns
6
. . . . . . . . . . . . . . . . . . .
Backup withholding rate change. P.L. 115-97 lowered
C. When To File
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
the backup withholding rate to 24%. For more information
D. Where To File
7
. . . . . . . . . . . . . . . . . . . . . . . . . . .
on backup withholding, go to
part
N.
E. Filing Returns With the IRS
7
. . . . . . . . . . . . . . . . . .
Form 1096. Form 1096 has been revised to reflect the
F. Electronic Reporting
8
. . . . . . . . . . . . . . . . . . . . . . .
addition of two new forms due to P.L.115-97.
G. Paper Document Reporting
9
. . . . . . . . . . . . . . . . . .
Form 1099-H. Information about Form 1099-H and its
H. Corrected Returns on Paper Forms
10
. . . . . . . . . . .
separate instructions has been added where appropriate.
I. Void Returns
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reportable policy sales and reportable death bene-
J. Recipient Names and Taxpayer Identification
fits. Section 6050Y, which was added to the Code by
Numbers (TINs)
12
. . . . . . . . . . . . . . . . . . . . . . . .
P.L. 115-97, imposes new information reporting
K. Filer's Name, Taxpayer Identification Number
obligations for reportable policy sales of life insurance
(TIN), and Address
13
. . . . . . . . . . . . . . . . . . . . . .
contracts after December 31, 2017, and for payments of
L. Account Number Box on Forms
13
. . . . . . . . . . . . . .
reportable death benefits after December 31, 2017.
M. Statements to Recipients (Beneficiaries,
Notice
2018-41, 2018-20 I.R.B., dated May 14, 2018,
Borrowers, Debtors, Donors, Employees,
provides information about the new reporting obligations
Insureds, Participants, Payers, Policyholders,
and describes guidance the Department of the Treasury
Sellers, Shareholders, Students, Transferors,
and IRS anticipate providing in regulations under section
or Winners on Certain Forms)
14
. . . . . . . . . . . . . .
6050Y. The IRS anticipates issuing new forms Form
N. Backup Withholding
17
. . . . . . . . . . . . . . . . . . . . . .
1099-LS and 1099-SB to accommodate the reporting of
O. Penalties
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
information for reportable policy sales under sections
P. Payments to Corporations and Partnerships
20
6050Y(a) and (b), respectively. Form 1099-R has been
. . . . .
revised to accommodate the reporting of payments of
Q. Earnings on Any IRA, Coverdell ESA, ABLE
reportable death benefits under section 6050Y(c). Further
Account, Archer MSA, or HSA
20
. . . . . . . . . . . . . .
guidance will be issued later this year. For more
R. Certain Grantor Trusts
20
. . . . . . . . . . . . . . . . . . . .
information, go to IRS.gov/1099generalinstructions.
S. Special Rules for Reporting Payments Made
Future Developments
Through Foreign Intermediaries and Foreign
Flow-Through Entities on Form 1099
20
. . . . . . . . .
For the latest information about developments related to
T. How To Get Tax Help
22
. . . . . . . . . . . . . . . . . . . . .
the General Instructions for Certain Information Returns
Guide to Information Returns (If any date shown
after they were published, go to
General Instructions for
falls on a Saturday, Sunday, or legal holiday,
Certain Information Returns
at
IRS.gov/
the due date is the next business day.)
25
. . . . . . . .
1099generalinstructions.
Index
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reminders
What’s New
Due date for certain statements sent to recipients.
Online fillable forms Copies 1, B, 2, C, and D. Copies
The due date for furnishing statements to recipients for
1, B, 2, C, and D, as applicable, to be furnished to
Forms 1099-B, 1099-S, and 1099-MISC (if amounts are
recipients and kept in filer's records, have been made
reported in box 8 or 14) is February 15, 2019. This also
online fillable at
IRS.gov
for many forms referenced in
applies to statements furnished as part of a consolidated
these instructions. See the separate instructions for
reporting statement. See the
Guide to Information Returns
Forms 1098, 1098-E&T, 1098-Q, 1099-A&C, 1099-B,
for due dates for all returns.
1099-DIV, 1099-G, 1099-INT&OID, 1099-K, 1099-LS,
Jul 20, 2018
Cat. No. 27976F
2018
Department of the Treasury
Internal Revenue Service
General Instructions for
Certain Information Returns
(Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G)
Section references are to the Internal Revenue Code
1099-MISC, 1099-PATR, 1099-R&5498, 1099-S,
unless otherwise noted.
1099-SB, and 3921.
Contents
Page
New mailing address for Kansas City, MO. Go to
part
D
for the new mailing address for paper filed information
Reminders
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
returns.
Items You Should Note
2
. . . . . . . . . . . . . . . . . . . . . . .
New filing location for certain states. Ogden, UT, has
Guide to Information Returns
2
. . . . . . . . . . . . . . . . . . .
been added as a new filing location for certain states. Go
A. Who Must File
2
. . . . . . . . . . . . . . . . . . . . . . . . . . .
to
part D
for the new mailing address.
B. Other Information Returns
6
. . . . . . . . . . . . . . . . . . .
Backup withholding rate change. P.L. 115-97 lowered
C. When To File
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
the backup withholding rate to 24%. For more information
D. Where To File
7
. . . . . . . . . . . . . . . . . . . . . . . . . . .
on backup withholding, go to
part
N.
E. Filing Returns With the IRS
7
. . . . . . . . . . . . . . . . . .
Form 1096. Form 1096 has been revised to reflect the
F. Electronic Reporting
8
. . . . . . . . . . . . . . . . . . . . . . .
addition of two new forms due to P.L.115-97.
G. Paper Document Reporting
9
. . . . . . . . . . . . . . . . . .
Form 1099-H. Information about Form 1099-H and its
H. Corrected Returns on Paper Forms
10
. . . . . . . . . . .
separate instructions has been added where appropriate.
I. Void Returns
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reportable policy sales and reportable death bene-
J. Recipient Names and Taxpayer Identification
fits. Section 6050Y, which was added to the Code by
Numbers (TINs)
12
. . . . . . . . . . . . . . . . . . . . . . . .
P.L. 115-97, imposes new information reporting
K. Filer's Name, Taxpayer Identification Number
obligations for reportable policy sales of life insurance
(TIN), and Address
13
. . . . . . . . . . . . . . . . . . . . . .
contracts after December 31, 2017, and for payments of
L. Account Number Box on Forms
13
. . . . . . . . . . . . . .
reportable death benefits after December 31, 2017.
M. Statements to Recipients (Beneficiaries,
Notice
2018-41, 2018-20 I.R.B., dated May 14, 2018,
Borrowers, Debtors, Donors, Employees,
provides information about the new reporting obligations
Insureds, Participants, Payers, Policyholders,
and describes guidance the Department of the Treasury
Sellers, Shareholders, Students, Transferors,
and IRS anticipate providing in regulations under section
or Winners on Certain Forms)
14
. . . . . . . . . . . . . .
6050Y. The IRS anticipates issuing new forms Form
N. Backup Withholding
17
. . . . . . . . . . . . . . . . . . . . . .
1099-LS and 1099-SB to accommodate the reporting of
O. Penalties
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
information for reportable policy sales under sections
P. Payments to Corporations and Partnerships
20
6050Y(a) and (b), respectively. Form 1099-R has been
. . . . .
revised to accommodate the reporting of payments of
Q. Earnings on Any IRA, Coverdell ESA, ABLE
reportable death benefits under section 6050Y(c). Further
Account, Archer MSA, or HSA
20
. . . . . . . . . . . . . .
guidance will be issued later this year. For more
R. Certain Grantor Trusts
20
. . . . . . . . . . . . . . . . . . . .
information, go to IRS.gov/1099generalinstructions.
S. Special Rules for Reporting Payments Made
Future Developments
Through Foreign Intermediaries and Foreign
Flow-Through Entities on Form 1099
20
. . . . . . . . .
For the latest information about developments related to
T. How To Get Tax Help
22
. . . . . . . . . . . . . . . . . . . . .
the General Instructions for Certain Information Returns
Guide to Information Returns (If any date shown
after they were published, go to
General Instructions for
falls on a Saturday, Sunday, or legal holiday,
Certain Information Returns
at
IRS.gov/
the due date is the next business day.)
25
. . . . . . . .
1099generalinstructions.
Index
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reminders
What’s New
Due date for certain statements sent to recipients.
Online fillable forms Copies 1, B, 2, C, and D. Copies
The due date for furnishing statements to recipients for
1, B, 2, C, and D, as applicable, to be furnished to
Forms 1099-B, 1099-S, and 1099-MISC (if amounts are
recipients and kept in filer's records, have been made
reported in box 8 or 14) is February 15, 2019. This also
online fillable at
IRS.gov
for many forms referenced in
applies to statements furnished as part of a consolidated
these instructions. See the separate instructions for
reporting statement. See the
Guide to Information Returns
Forms 1098, 1098-E&T, 1098-Q, 1099-A&C, 1099-B,
for due dates for all returns.
1099-DIV, 1099-G, 1099-INT&OID, 1099-K, 1099-LS,
Jul 20, 2018
Cat. No. 27976F
You can also obtain the latest developments for each of
Electronic filing. E-filers are reminded that using the
the forms and instructions listed here by visiting their
FIRE System requires following the specifications
information pages at IRS.gov. See the separate
contained in Pub. 1220. Also, the IRS does not provide a
instructions for each form on the webpage via the link.
fill-in form option for most forms covered by these
instructions; however, see
Online fillable forms
in
part
E,
See
How To Get Forms, Publications, and Other
later. See
part F
for information on e-file.
Assistance, later.
Payee. Throughout these instructions, the term “payee”
Guide to Information Returns
means any recipient of Forms 1097, 1098, 1099, 3921,
See the chart, later, for a brief summary of information
3922, 5498, or W-2G including beneficiaries, borrowers,
return reporting rules.
debtors, donors, employees, insureds, participants,
policyholders, sellers, shareholders, students, transferors,
Use Form 1096 To Send Paper Forms to the IRS
and winners.
You must send Copies A of all paper Forms 1097, 1098,
Where to file. All information returns filed on paper will
1099, 3921, 3922, 5498, and W-2G to the IRS with Form
be filed with three Internal Revenue Service Centers:
1096, Annual Summary and Transmittal of U.S.
Austin, TX, Kansas City, MO, and Ogden, UT. See
part D
Information Returns. Instructions for completing Form
and Form 1096, Annual Summary and Transmittal of U.S.
1096 are contained on Form 1096. Also see
part
E.
Information Returns.
If you are filing Forms 1098-MA or 1099-H, write
“1098-MA” or “1099-H” in the blank area above
Items You Should Note
!
the “For Official Use Only” entry spaces.
CAUTION
Photographs of Missing Children
Reporting Backup Withholding on Forms 1099
The Internal Revenue Service is a proud partner with the
and W-2G
National Center for Missing & Exploited Children®
(NCMEC). Photographs of missing children selected by
If you backup withhold on a payment, you must file the
the NCMEC may appear in instructions on pages that
appropriate Form 1099 or Form W-2G with the IRS and
would otherwise be blank. You can help bring these
furnish a statement to the recipient to report the amount of
children home by looking at the photographs and calling
the payment and the amount withheld. This applies even
though the amount of the payment may be below the
800-THE-LOST (800-843-5678) if you recognize a child.
normal threshold for filing Form 1099 or Form W-2G. For
Available Products
how to report backup withholding, see
part
N.
In addition to these general instructions, which contain
Substitute Statements to Recipients
general information concerning Forms 1096, 1097, 1098,
1099, 3921, 3922, 5498, and W-2G, we provide specific
If you are using a substitute form to furnish information
form instructions as separate products. Get the
statements to recipients (generally Copy B), be sure your
instructions you need for completing a specific form from
substitute statements comply with the rules in Pub. 1179.
the following list of separate instructions.
Pub. 1179, which is revised annually, explains the
Instructions for Form 1097-BTC.
requirements for format and content of substitute
statements to recipients. See
part M
for additional
Instructions for Form 1098.
information.
Instructions for Form 1098-C.
Instructions for Forms 1098-E and 1098-T.
Taxpayer Identification Number (TIN) Matching
Instructions for Form 1098-Q.
Instructions for Forms 1099-A and 1099-C.
TIN Matching allows a payer or authorized agent who is
Instructions for Form 1099-B.
required to file Forms 1099-B, DIV, INT, K, MISC, OID,
Instructions for Form 1099-CAP.
and/or PATR, which report income subject to backup
Instructions for Form 1099-DIV.
withholding, to match TIN and name combinations with
Instructions for Form 1099-G.
IRS records before submitting the forms to the IRS. TIN
Instructions for Form 1099-H
Matching is one of the e-services products that is offered
Instructions for Forms 1099-INT and 1099-OID.
and is accessible through the IRS website. For program
Instructions for Form 1099-K.
guidelines, see Pub. 2108-A, or go to
IRS.gov
and enter
Instructions for Form 1099-LS.
keyword “TIN matching” in the upper right corner. It is
Instructions for Form 1099-LTC.
anticipated that payers who validate the TIN and name
Instructions for Form 1099-MISC.
combinations before filing information returns will receive
Instructions for Form 1099-PATR.
fewer backup withholding (CP2100) notices and penalty
Instructions for Form 1099-Q.
notices. E-services technical support is available by
Instructions for Forms 1099-QA and 5498-QA.
calling 866-255-0654.
Instructions for Forms 1099-R and 5498.
A. Who Must File
Instructions for Form 1099-S.
Instructions for Forms 1099-SA and 5498-SA.
See the separate specific instructions for each form.
Instructions for Form 1099-SB.
Instructions for Forms 3921 and 3922.
Nominee/middleman returns. Generally, if you receive
Instructions for Form 5498-ESA.
a Form 1099 for amounts that actually belong to another
Instructions for Forms W-2G and 5754.
person, you are considered a nominee recipient. You
-2-
Gen. Instr. for Certain Info. Returns (2018)
must file a Form 1099 with the IRS (the same type of Form
business entity that files its own separate information
1099 you received) for each of the other owners showing
returns. For example, if the predecessor's and
the amounts allocable to each. You must also furnish a
successor's only compatible computer or recordkeeping
Form 1099 to each of the other owners. File the new Form
systems are their dividends paid ledgers, they may agree
1099 with Form 1096 with the Internal Revenue Service
to use the combined reporting procedure for Forms
Center for your area. On each new Form 1099, list
1099-DIV only. Similarly, if the only compatible systems
yourself as the “payer” and the other owner as the
are in their midwest branches, they may agree to use the
“recipient.” On Form 1096, list yourself as the “Filer.” A
combined reporting procedure for only the midwest
spouse is not required to file a nominee return to show
branches.
amounts owned by the other spouse. The nominee, not
Combined reporting procedure. On each Form
the original payer, is responsible for filing the subsequent
1097, 1098, 1099, 3921, 3922, 5498, and W-2G filed by
Forms 1099 to show the amount allocable to each owner.
the successor, the successor must combine the
Successor/predecessor reporting. A successor
predecessor's (before the acquisition) and successor's
business entity (a corporation, partnership, or sole
reportable amounts, including any withholding, for the
proprietorship) and a predecessor business entity (a
acquisition year and report the aggregate. For
corporation, partnership, or sole proprietorship) may
transactional reporting, the successor must report each of
agree that the successor will assume all or some of the
the predecessor's transactions and each of its own
predecessor's information reporting responsibilities. This
transactions on the appropriate form. The successor may
would permit the successor to file one Form 1097, 1098,
include with the form sent to the recipient additional
1099, 3921, 3922, 5498, or W-2G for each recipient
information explaining the combined reporting.
combining the predecessor's and successor's reportable
For purposes of the combined reporting procedure, the
amounts, including any withholding. If they so agree and
sharing of TINs and other information obtained under
the successor satisfies the predecessor's obligations and
section 3406 for information reporting and backup
the conditions described on this page, the predecessor
withholding purposes does not violate the confidentiality
does not have to file the specified information returns for
rules in section 3406(f).
the acquisition year. If the successor and predecessor do
Statement required. The successor must file a
not agree, or if the requirements described are not met,
statement with the IRS indicating the forms that are being
the predecessor and the successor each must file Forms
filed on a combined basis under Rev. Proc. 99-50. The
1097, 1098, 1099, 3921, 3922, 5498, and W-2G for their
statement must:
own reportable amounts as they usually would. For more
1. Include the predecessor's and successor's names,
information and the rules that apply to filing combined
addresses, telephone numbers, employer identification
Forms 1042-S, see Rev. Proc. 99-50, which is available
numbers (EINs), and the name and telephone number of
on page 757 of Internal Revenue Bulletin 1999-52 at
the person responsible for preparing the statement;
IRS.gov/pub/irs-irbs/irb99-52.pdf.
2. Reflect separately the amount of federal income tax
The combined reporting procedure is available when all
withheld by the predecessor and by the successor for
the following conditions are met.
each type of form being filed on a combined basis (for
1. The successor acquires from the predecessor
example, Form 1099-R or 1099-MISC); and
substantially all the property (a) used in the trade or
3. Be sent separately from Forms 1097, 1098, 1099,
business of the predecessor, including when one or more
3921, 3922, 5498, and W-2G by the forms' due date to:
corporations are absorbed by another corporation under a
Internal Revenue Service, Information Returns Branch,
merger agreement under which the surviving corporation
230 Murall Drive, Mail Stop 4360, Kearneysville, WV
becomes the owner of all the assets and assumes all the
25430. Do not send Form 1042-S statements to this
liabilities of the absorbed corporation(s), or (b) used in a
address. Instead, use the address given in the
separate unit of a trade or business of the predecessor.
Instructions for Form 1042-S; see Rev. Proc. 99-50.
2. The predecessor is required to report amounts,
including any withholding, on information returns for the
Qualified settlement funds. A qualified settlement fund
year of acquisition for the period before the acquisition.
must file information returns for distributions to claimants if
3. The predecessor is not required to report amounts,
any transferor to the fund would have been required to file
including withholding, on information returns for the year
if the transferor had made the distributions directly to the
of acquisition for the period after the acquisition.
claimants.
For distributions to transferors, a fund is subject to the
Combined reporting agreement. The predecessor
information reporting requirements of sections 6041 and
and the successor must agree on the specific forms to
6041A and may be required to file Form 1099-MISC. For
which the combined reporting procedure applies and that
payments made by the fund on behalf of a claimant or
the successor assumes the predecessor's entire
transferor, the fund is subject to these same rules and
information reporting obligations for these forms. The
may have to file Form 1099-MISC for the payment to a
predecessor and successor may agree to:
third party. For information reporting purposes, a payment
1. Use the combined reporting procedure for all Forms
made by the fund on behalf of a claimant or transferor is
1097, 1098, 1099, 3921, 3922, 5498, and W-2G; or
considered a distribution to the claimant or transferor and
2. Limit the use of the combined reporting procedure
is also subject to information reporting requirements.
to (a) specific forms, or (b) specific reporting entities,
including any unit, branch, or location within a particular
-3-
Gen. Instr. for Certain Info. Returns (2018)
The same filing requirements, exceptions, and
sections 1441 through 1464. See Form 1042-S and its
thresholds may apply to qualified settlement funds as
separate instructions for more information.
apply to any other payer. That is, the fund must determine
Foreign Account Tax Compliance Act (FATCA)
the character of the payment (for example, interest, fixed
Filing Requirements of Certain Foreign
or determinable income, or gross proceeds from broker
transactions) and to whom the payment is made (for
Financial Institutions (FFIs)
example, corporation or individual).
If you are required to report an account that is a U.S.
For more information, see Regulations section
account under chapter 4 of the Code (chapter 4), you may
1.468B-2(l). Also, see Treasury Decision (TD) 9249,
be eligible to elect to report the account on Form(s) 1099
2006-10 I.R.B. 546, available at
IRS.gov/irb/2006-10_IRB/
instead of on Form 8966, FATCA Report.
ar05.html. TD 9249 relates to escrow and similar funds.
If the account is either a U.S. account held by a
Payments to foreign persons. See the Instructions for
passive nonfinancial foreign entity (NFFE) that is a
!
Form 1042-S, relating to U.S. source income of foreign
U.S.-owned foreign entity or an account held by
CAUTION
persons, for reporting requirements relating to payments
an owner-documented FFI, do not file a Form 1099 with
to foreign persons.
respect to such an account. Instead, you must file Form
8966, in accordance with its requirements and its
Widely held fixed investment trusts (WHFITs).
accompanying instructions, to report the account for
Trustees and middlemen of WHFITs are required to report
chapter 4 purposes.
all items of gross income and proceeds on the appropriate
Form 1099. For the definition of a WHFIT, see
Election described in Regulations section
Regulations section 1.671-5(b)(22). A tax information
1.1471-4(d)(5)(i)(A). You are eligible to make this
statement that includes the information provided to the
election to report an account on Form(s) 1099 if:
IRS on Forms 1099, as well as additional information
You are a participating FFI (including a Reporting Model
identified in Regulations section 1.671-5(e), must be
2 FFI) (PFFI) or are a registered deemed-compliant FFI
furnished to trust interest holders (TIHs).
(RDC FFI) (other than a Reporting Model 1 FFI) required
Items of gross income (including OID) attributable to
to report a U.S. account as a condition of your applicable
the TIH for the calendar year including all amounts of
RDC FFI status (see Regulations section 1.1471-5(f)(1)
income attributable to selling, purchasing, or redeeming of
(i));
a trust holder's interest in the WHFIT must be reported.
You are required to report the account as a U.S.
Items of income that are required to be reported including
account for chapter 4 purposes; and
non-pro rata partial principal payments, trust sales
The account is a U.S. account held by a specified U.S.
proceeds, redemption asset proceeds, and sales of a trust
person.
interest on a secondary market must be reported on Form
Election described in Regulations section
1099-B. See Regulations section 1.671-5(d).
1.1471-4(d)(5)(i)(B). You are eligible to make this
Safe harbor rules for determining the amount of an item
election to report an account on Form(s) 1099 if:
to be reported on Form 1099 and a tax information
You are a PFFI or are an RDC FFI (other than a
statement with respect to a TIH in a non-mortgage WHFIT
Reporting Model 1 FFI) required to report a U.S. account
(NMWHFIT) and a widely held mortgage trust (WHMT)
as a condition of your applicable RDC FFI status (see
are found in Regulations sections 1.671-5(f) and (g),
Regulations section 1.1471-5(f)(1)(i));
respectively.
You are required to report the account as a U.S.
Trustees and middlemen must follow all the rules for
account for chapter 4 purposes; and
filing Forms 1099 with the IRS and furnishing a statement
The account is a U.S. account held by a specified U.S.
to the TIH (except as noted below) as described in parts A
person that is a cash value insurance contract or annuity
through S of these instructions. Trustees and middlemen
contract that you elect to report in a manner similar to
should also follow the separate instructions for Forms
section 6047(d).
1099-B, 1099-DIV, 1099-INT, 1099-MISC, and 1099-OID,
You may make an election described in Regulations
as applicable, which may address additional income
section 1.1471-4(d)(5)(i)(A) or (B) either with respect to all
reporting requirements.
such U.S. accounts or with respect to any clearly
Due date and other requirements for furnishing
identified group of such accounts (for example, by line of
statement to TIH. The written tax information for 2018
business or by location where the account is maintained).
furnished to the TIH is due on or before March 15, 2019.
Special reporting by U.S. payer described in Regula-
For other items of expense and credit that must be
tions section 1.1471-4(d)(2)(iii)(A). If you are a U.S.
reported to the TIH, see Regulations section 1.671-5(c).
payer that is a PFFI other than a U.S. branch, you also
There is no reporting requirement if the TIH is an
may satisfy your requirement to report with respect to a
exempt recipient unless the trustee or middleman backup
U.S. account for chapter 4 purposes by reporting on each
withholds under section 3406. If the trustee or middleman
appropriate Form 1099 in the manner described in
backup withholds, then follow the rules in
part
N. An
Regulations section 1.1471-4(d)(2)(iii)(A).
exempt recipient for this purpose is defined in Regulations
section 1.671-5(b)(7).
Reporting procedure. If you are an FFI that is eligible to
make an election described in Regulations section
Reporting to foreign persons. Items of a WHFIT
1.1471-4(d)(5)(i)(A) or (B) or are a U.S. payer reporting as
attributable to a TIH who is not a U.S. person must be
described in Regulations section 1.1471-4(d)(2)(iii)(A),
reported and amounts withheld following the provisions of
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Gen. Instr. for Certain Info. Returns (2018)
you must do so by filing each appropriate Form 1099 with
threshold, you also must report the account on Form
the IRS and reporting the payments required to be
1099-MISC. See the Instructions for Form 1099-MISC.
reported by a U.S. payer (as defined in Regulations
Payments required to be reported. If you make an
section 1.6049-5(c)(5)) with respect to the account. See,
election described in Regulations section 1.1471-4 (d)(5)
however,
Payments required to be
reported, later. See
(i)(A) or (B), you are required to report any payments
also the separate specific instructions for each form to
made to the account as required for purposes of the
determine which form to file.
election, that is, payments that would be reportable under
All Form 1099 filers must have an EIN. If you have
sections 6041, 6042, 6045, and 6049 if you were a U.S.
not previously filed a Form 1099 or other return,
payer.
TIP
you must obtain an EIN and include it on each
Reporting under chapter 4 does not affect an FFI’s
Form 1099 that you file. See
part K
for more information,
otherwise applicable obligations to report
!
including how to obtain an EIN.
payments as a payer under chapter 61.
CAUTION
In addition to the information otherwise required to be
Forms 1099 used. The payments required to be
reported on the appropriate Form 1099, you also must
reported under this election for calendar year 2018 must
include the following information for each account you are
be reported, as applicable, on Form 1099-B, Proceeds
reporting as described in Regulations section 1.1471-4(d)
From Broker or Barter Exchange Transactions; Form
(2)(iii)(A) or (d)(5)(i)(A) or (B).
1099-DIV, Dividends and Distributions; 1099-INT, Interest
The name, address, and TIN of the account holder.
Income; 1099-MISC, Miscellaneous Income; 1099-OID,
The account number.
Original Issue Discount; or 1099-R, Distributions From
If applicable, the jurisdiction of the branch that
Pensions, Annuities, Retirement or Profit-Sharing Plans,
maintains the account being reported by adding the
IRAs, Insurance Contracts, etc. See also the separate
branch’s jurisdiction after the payer’s name, that is,
specific instructions for each form.
“Payer’s Name (Jurisdiction X branch).”
Definitions. For detailed information about definitions
If you are an FFI making an election described in
that apply for purposes of chapter 4 generally, see
Regulations section 1.1471-4(d)(5)(i)(A) or (B), or
!
Regulations section 1.1471-1(b). A Reporting FI under a
are a U.S. payer reporting as described in
CAUTION
Model 2 Intergovernmental Agreement (IGA) should also
Regulations section 1.1471-4(d)(2)(iii)(A), you are
refer to definitions that may apply under that IGA or apply
required to report the payee’s account number on each
pursuant to any applicable domestic law pertaining to its
Form 1099 you file (regardless of the fact that the account
FATCA obligations. Solely for purposes of filing Forms
number otherwise may be optional for purposes of
1099, the following definitions are provided to help guide
reporting on the applicable Form 1099).
filers through the process.
If you are a sponsoring entity that is reporting a U.S.
Account. An account means a financial account
account on behalf of a sponsored FFI described above,
described in Regulations section 1.1471-5(b), including a
report on the appropriate Form(s) 1099 the following
cash value insurance contract and annuity contract.
information in the payer boxes (if filing on paper) or in the
Account holder. An account holder is the person who
appropriate fields of the payer record (if filing
holds a financial account, as determined under
electronically).
Regulations section 1.1471-5(a)(3).
For the name, enter the sponsored FFI’s name on the
Foreign financial institution (FFI). An FFI generally
first line and the sponsoring entity’s name on the second
means a foreign entity that is a financial institution.
line.
Owner-documented FFI. An owner-documented FFI
For the address, enter the sponsoring entity’s address.
is an FFI described in Regulations section 1.1471-5(f)(3).
For the federal (or taxpayer) identification number,
Participating FFI (PFFI). A PFFI is an FFI that has
enter the sponsored FFI’s EIN.
agreed to comply with the requirements of an FFI
In addition, if you are filing electronically, enter numeric
agreement with respect to all branches of the FFI, other
code “1” in the “Transfer Agent Indicator” field. See Pub.
than a branch that is a reporting Model 1 FFI or a U.S.
1220 for electronic filing of forms. If you are filing on
branch. The term PFFI also includes an FFI described in a
paper, enter your Global Intermediary Identification
Model 2 IGA that has agreed to comply with the
Number (GIIN) in the lower right-hand portion of the title
requirements of an FFI agreement with respect to a
area on the top of Form 1096, Annual Summary and
branch, and a
Qualified Intermediary (QI)
branch of a U.S.
Transmittal of U.S. Information Returns. For transmittal of
financial institution, unless such branch is a reporting
paper forms, see Form 1096 and its accompanying
Model 1 FFI.
instructions.
Recalcitrant account holder. A recalcitrant account
holder is an account holder (other than an account holder
If you are an FFI described above that is electing to
that is an FFI) of a PFFI or registered deemed-compliant
report an account to which you did not make any
FFI that has failed to provide the FFI maintaining its
payments for the calendar year that are required to be
account with the information required under Regulations
reported on a Form 1099, you must report the account on
section 1.1471-5(g).
Form 1099-MISC. In addition, if you made any payments
for the calendar year that would be required to be reported
Registered deemed-compliant FFI (RDC FFI). A
on a Form 1099 if not for an applicable dollar amount
registered deemed-compliant FFI is an FFI described in
Regulations section 1.1471-5(f)(1), and includes a
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Gen. Instr. for Certain Info. Returns (2018)

Download Instructions for IRS Form 1096, Form 1097, Form 1098, Form 1099, Form 3921, Form 3922, Form 5498, Form W-2g - General Instructions for Certain Information Returns 2018

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