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Form 1099-Misc Issued Late

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    Form 1099-Misc Issued Late

    Every now & again we have a discussion on this forum and other forums about a client who has paid independent contractors and failed to issue a Form 1099-Misc. Some tax preparers go so far as to tell their clients they can't take the deduction on their tax return if the 1099-Misc isn't issued to the I/C. I've always disagreed with that assessment, as have others, but I still see that argument advanced from time-to-time. Well, today I gained a little more insight into this matter.

    I'm working on an audit of a 2007 Form 1120 which has gotten very involved on a number of levels, and today the auditor sent me a 4564 with several items, one of which deals with significant payments to an independent contractor. The auditor has not previously asked for the 1099-Misc, so she is not aware of whether a 1099 has been issued (it has).

    The 4564 specifically states that "If a Form 1099 was not issued you will need to prepare all delinquent forms and have available at our next appointment." In my opinion, there's only one way to interpret this. The auditor is not questioning the deductibility of the payments. There is every indication that the deduction will be allowed EVEN IF NO 1099-MISC HAS BEEN ISSUED, provided we submit one along with a 1096 at the next appointment. Sure, there would be a $50 penalty for each 1099 not submitted on time, but there's not a hint that the failure to prepare the 1099 would invalidate the deduction.

    Maybe this will help a little in getting some perspective on what we should be doing for our clients. Naturally we would prefer that they properly issue a 1099-Misc to all I/C's, but if they fail to do so, we should be willing to help them correct the problem. It isn't productive to threaten to penalize them for not being good accountants and refusing to take a perfectly legitimate tax deduction on their returns.
    "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

    #2
    Late 1099's

    During an audit about 3 years ago, the auditor requested a 1099MISC on one person that did some repairs for my client.

    My client didn't issue the 1099 and was required to do by the IRS.

    I prepared it, gave it to the auditor.

    My client never received a penalty for the late filing.

    I suspect that the auditor looked up the SS # of the person on the 1099 to verify that he was reporting self-employment income. He was because he was in business for that type of service.
    Jiggers, EA

    Comment


      #3
      Has Anyone ????

      Ever known of an IRS penalty for late 1099s w/1096 being imposed?
      I have filed 1099s for clients several years after the due date. I think it is better to file late than not at all.

      Jeannie

      Comment


        #4
        I have done them late for clients, generally who did not know they needed to do so. No one has indicated to me they ever were assessed any kind of penalty. If I do them, I require the W9. (They generally do not have this either, but I make them go get it.)

        Comment


          #5
          Agreeable Bart

          Originally posted by JohnH View Post
          ...Some tax preparers go so far as to tell their clients they can't take the deduction on their tax return if the 1099-Misc isn't issued to the I/C. I've always disagreed with that assessment...
          Agree.

          Originally posted by JohnH View Post
          ...auditor sent me a 4564....specifically states that "If a Form 1099 was not issued you will need to prepare all delinquent forms and have available at our next appointment." In my opinion, there's only one way to interpret this. The auditor is not questioning the deductibility of the payments. There is every indication that the deduction will be allowed EVEN IF NO 1099-MISC HAS BEEN ISSUED...
          Agree.

          Originally posted by JohnH View Post
          Maybe this will help a little in getting some perspective on what we should be doing for our clients....it isn't productive...refusing to take a perfectly legitimate tax deduction on their returns.
          Agree.

          Comment


            #6
            1099 penalties

            Originally posted by JAinNC View Post
            Ever known of an IRS penalty for late 1099s w/1096 being imposed?
            Yeah, I've had two clients assessed 1099 late filing penalties. Both cases were large numbers - one 50 forms/one 20-something. I had Mr. 20-Forms write a letter pleading everything imaginable (it would have drawn tears from Darth Vader) and swearing he'd never do it again. They abated it with a warning. Told 50-case to do the same, but don't know what he did -- I think he must have gotten off because he brings me everything and never mentioned it again (fine with me since I played a minor role in that particular lateness).

            Originally posted by JAinNC View Post
            I have filed 1099s for clients several years after the due date. I think it is better to file late than not at all. Jeannie
            I think so too. Every year two or three clients request additional 1099s after 2-28 and I just make and send them in. Nobody has ever mentioned being charged anything and my guys are pretty good about bringing in IRS notices.

            I don't know if you can make general assumptions from the above because, as you know, IRS policies change and these experiences were over 10 years ago. But anyway, while I'm very careful now about mailing date of large packages, I don't worry much at all about the extra one/two/three late-issued forms.

            Comment


              #7
              bump

              My thanks to everyone who contributed to this discussion -- very helpful.

              Comment


                #8
                I don't think you could rely on late filings of 1099s in the past as a guide for the future. IRS starting 1/1/09 is issuing penalties for all late filed information returns. I don't have the ruling but I sure it is easy to find.

                Sorry for my post.................
                This post is for discussion purposes only and should be verified with other sources before actual use.

                Many times I post additional info on the post, Click on "message board" for updated content.

                Comment


                  #9
                  Well if they

                  want to penalize late filings of information returns I guess ppl will be filing fewer information returns.

                  Comment


                    #10
                    Guess

                    Originally posted by BOB W View Post
                    I don't think you could rely on late filings of 1099s in the past as a guide for the future. IRS starting 1/1/09 is issuing penalties for all late filed information returns. I don't have the ruling but I sure it is easy to find.

                    Sorry for my post.................
                    I'll find out pretty soon. I just sent one off May 1st. Will post it if the client gets a penalty (told him to let me know).

                    Comment


                      #11
                      Originally posted by BOB W View Post
                      Sorry for my post.................
                      Bob, to the contrary, i appreciate your contribution.

                      Comment


                        #12
                        where is this?

                        Originally posted by BOB W View Post
                        I don't think you could rely on late filings of 1099s in the past as a guide for the future. IRS starting 1/1/09 is issuing penalties for all late filed information returns. I don't have the ruling but I sure it is easy to find.
                        Hey Bob,

                        Actually i have not found that ruling easy to find.

                        My google search showed me that the IRS started tightening up on the late filings of 5471s and maybe other informational returns concerning off shore earnings -- non U.S. earned income.



                        But i can't find any ruling about penalties for all late filed information returns. If this ruling does indeed exist then i'd like to have a look at it and be aware.

                        Can anyone help me on this?

                        thanks in advance

                        Comment

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