Instructions For Form 1099-Misc - 2006 Page 3

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2006
Department of the Treasury
Internal Revenue Service
Instructions for
Form 1099-MISC
Section references are to the Internal Revenue Code unless otherwise noted.
recipient. Payments for which a Form 1099-MISC is not
Reminder
required include:
In addition to these specific instructions, you should also use
Generally, payments to a corporation; but see Reportable
the 2006 General Instructions for Forms 1099, 1098, 5498, and
payments to corporations on page MISC-2;
W-2G. Those general instructions include information about:
Payments for merchandise, telegrams, telephone, freight,
Backup withholding
storage, and similar items;
Magnetic media and electronic reporting requirements
Payments of rent to real estate agents, but see Regulations
Penalties
section 1.6041-1(e)(5), Example 5;
Who must file (nominee/middleman)
Wages paid to employees (report on Form W-2, Wage and
When and where to file
Tax Statement);
Taxpayer identification numbers
Business travel allowances paid to employees (may be
Statements to recipients
reportable on Form W-2);
Corrected and void returns
Cost of current life insurance protection (report on Form W-2
Other general topics
or Form 1099-R, Distributions From Pensions, Annuities,
Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts,
You can get the general instructions from the IRS website at
etc.);
or by calling 1-800-TAX-FORM (1-800-829-3676).
Payments to a tax-exempt organization, the United States, a
state, the District of Columbia, a U.S. possession, or a foreign
government; and
Specific Instructions for Form 1099-MISC
Certain payment card transactions if a payment card
organization has assigned a merchant/payee a Merchant
File Form 1099-MISC, Miscellaneous Income, for each person
Category Code (MCC) indicating that reporting is not required.
to whom you have paid during the year:
A cardholder/payor may rely on the MCC that the payment card
At least $10 in royalties or broker payments in lieu of
organization assigned to a merchant/payee to determine if a
dividends or tax-exempt interest (see Box 8 on page MISC-6);
payment card transaction with that merchant/payee is subject to
At least $600 in rents, services (including parts and
reporting under section 6041 or section 6041A. For more
materials), prizes and awards, other income payments, medical
information and a list of merchant types with corresponding
and health care payments, crop insurance proceeds, cash
MCCs, see Revenue Procedure 2004-43 which is on page 124
payments for fish (or other aquatic life) you purchase from
of Internal Revenue Bulletin 2004-31 at /pub/
anyone engaged in the trade or business of catching fish, or,
irs-irbs/irb04-31.pdf.
generally, the cash paid from a notional principal contract to an
individual, partnership, or estate;
Fees paid to informers. A payment to an informer as an
Any fishing boat proceeds; or
award, fee, or reward for information about criminal activity is
Gross proceeds to an attorney. See Payments to attorneys
not required to be reported if the payment is made by a federal,
on page MISC-2.
state, or local government agency, or by a nonprofit
organization exempt from tax under section 501(c)(3) that
In addition, use Form 1099-MISC to report that you made
makes the payment to further the charitable purpose of
direct sales of at least $5,000 of consumer products to a buyer
lessening the burdens of government. For more information,
for resale anywhere other than a permanent retail
see Regulations section 1.6041-3(l).
establishment. You must also file Form 1099-MISC for each
person from whom you have withheld any federal income tax
Scholarships. Do not use Form 1099-MISC to report
under the backup withholding rules regardless of the amount of
scholarship or fellowship grants. Scholarship or fellowship
the payment.
grants that are taxable to the recipient because they are paid
for teaching, research, or other services as a condition for
Be sure to report each payment in the proper box
receiving the grant are considered wages and must be reported
!
because the IRS uses this information to determine
on Form W-2. Other taxable scholarship or fellowship payments
whether the recipient has properly reported the
CAUTION
(to a degree or nondegree candidate) are not required to be
payment.
reported by you to the IRS on any form. See Notice 87-31,
1987-1 C.B. 475 and Regulations section 1.6041-3(n) for more
Trade or business reporting only. Report on Form
information.
1099-MISC only when payments are made in the course of your
trade or business. Personal payments are not reportable. You
Difficulty-of-care payments. Difficulty-of-care payments
are engaged in a trade or business if you operate for gain or
that are excludable from the recipient’s gross income are not
profit. However, nonprofit organizations are considered to be
required to be reported. Difficulty-of-care payments to foster
engaged in a trade or business and are subject to these
care providers are not reportable if paid for not more than 10
reporting requirements. Nonprofit organizations subject to these
children under age 19 and not more than 5 individuals age 19
reporting requirements include trusts of qualified pension or
or older. Amounts paid for more than 10 children or more than 5
profit-sharing plans of employers, certain organizations exempt
individuals are reportable on Form 1099-MISC.
from tax under section 501(c) or (d), and farmers’ cooperatives
Charitable organizations’ reimbursements for certain
that are exempt from tax under section 521. Payments by
automobile expenses. Amounts provided as reimbursements
federal, state, or local government agencies are also reportable.
for operating expenses of a passenger automobile in providing
Exceptions. Some payments are not required to be reported
relief relating to Hurricane Katrina from August 25, 2005, to
on Form 1099-MISC, although they may be taxable to the
December 31, 2006, are not reportable if certain requirements
Cat. No. 27982J

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