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1099-int issued by whom to who?

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    #16
    Took the dog for a walk, tried to clear my head after a hectic day. Got myself more confused. Thinking this really doesn't apply to any of my clients...........

    ...........Thought some more, maybe it does.

    Would it apply to land contracts? I have a couple of Schedule C filers that have land contracts, should a 1099INT have been prepared and issued to the person receiving the payment for the amount of interest paid during the year? The receiver of the monies are nonbusiness individuals.

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      #17
      When in doubt

      fill it out.

      Kidding

      In my opinion a business paying interest over $600 on a land sales contract should complete a 1099-int if the recipient is not incorporated or a trust.
      Last edited by veritas; 01-07-2009, 10:25 PM.

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        #18
        Originally posted by veritas View Post
        fill it out.

        Kidding
        I'm beginning to think this to be the way to go. You guys talking about all these preparer penalties in other threads is starting to make me nervous.

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          #19
          I am like Newbie

          I am so confused on this post.

          All I can share is that I issue 1099 INT forms on businesses as payer/payor to any individual for individual loans to the business, private money or investors. Schedule C, Form 1065, 1120 forms.

          I guess my thinking is better to be safe and issue to protect the deduction for the business owner.

          Sandy

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            #20
            Regs. Sec. 1.6041-1

            "a) GENERAL RULE.

            (1) INFORMATION RETURNS REQUIRED

            (i) PAYMENTS REQUIRED TO BE REPORTED. Except as otherwise
            provided in sections 1.6041-3 and 1.6041-4, every person engaged
            in a trade or business shall make an information return for each
            calendar year with respect to payments it makes during the
            calendar year in the course of its trade or business to another
            person of fixed or determinable income described in paragraph
            (a)(1)(i)(A) or (B) of this section. For purposes of the
            regulations under this section, the person described in this
            paragraph (a)(1)(i) is a payor.

            (A) Salaries, wages, commissions, fees, and other forms of
            compensation for services rendered aggregating $600 or
            more.

            (B) Interest (including original issue discount), rents,
            royalties, annuities, pensions, and other gains, profits,
            and income aggregating $600 or more. "



            An example from the regulation.


            " For example, a closely held corporation borrows money from one
            of its officers on a promissory note not in registered form
            bearing annual stated interest of $300. The corporation also
            pays royalties to the officer amounting to $400 a year. An
            information return is required under this paragraph (a)(1) to
            report the payments to the officer because the interest does not
            come within the definition of interest in section 1.6049-5(a)
            and the aggregate of interest and royalties exceeds $600."

            I was wrong earlier when I referred to the $10 threshold.

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              #21
              Thank you

              Veritas, as usual, thank you for your post!

              Sandy

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