Instructions For Form 1099-K - 2018 Page 3

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U.S. person will not be required to file Form 1099-K if the
person to file the return, including the PSE not making
PSE obtains from the payee a Form W-8 or documentary
payment, if the parties agree in writing. If the designated
evidence that satisfies the requirements described in
person fails to timely file the return, the entity with the
Notice 2011-71.
responsibility to file is liable for any applicable penalties
under sections 6721 and 6722.
A PSE may accept a substitute form, as described in
Electronic payment facilitator. If a PSE contracts
Notice 2011-71, in lieu of Form W-8BEN so that a
with an electronic payment facilitator (EPF) or other third
participating payee can certify its non-U.S. status.
party to make payments in settlement of reportable
Documentary evidence, described in Notice 2011-71,
payment transactions on behalf of the PSE, the facilitator
submitted to establish the identity of the payee and the
or other third party must file Form 1099-K in lieu of the
status of that person as a foreign person remains valid
PSE. The facilitator is not required to have any
until the earlier of the last day of the third calendar year
arrangement or agreement with the participating payee.
following the year in which the documentary evidence is
Payments need not come from the facilitator's account.
provided to the withholding agent or the day that a change
The facilitator need only submit instructions to transfer
in circumstances occurs that makes any information on
funds to the account of the participating payee. The PSE
the documentary evidence incorrect.
can file Form 1099-K by designation if the parties agree in
A U.S. address is any address that is within the United
writing; however, the designation does not relieve the
States (the States and the District of Columbia).
facilitator from liability for any applicable penalties under
Non-reportable transactions. The following
sections 6721 and 6722 for failure to comply with the
transactions are non-reportable under section 6050W.
information reporting requirements.
A withdrawal of funds at an automated teller machine
See part O in the 2018 General Instructions for Certain
(ATM) via payment card, or a cash advance or loan
Information Returns for more information on penalties.
against the cardholder's account.
A check issued in connection with a payment card that
Aggregated payees. If you receive payments from a
is accepted by a merchant or other payee.
PSE on behalf of one or more participating payees and
Any transaction in which a payment card is accepted as
you distribute such payments to one or more participating
payment by a merchant or other payee who is related to
payees, you are:
the issuer of the payment card.
The participating payee with respect to the PSE who
sent you the payment(s), and
Conversion of amounts paid in foreign currency.
The PSE with respect to the participating payees to
When a payment is made or received in a foreign
whom you distribute the payments.
currency, the U.S. dollar amount must be determined by
converting the foreign currency into U.S. dollars on the
For more information on nominee/middleman reporting,
date of transaction at the spot rate (as defined in
see part A in the 2018 General Instructions for Certain
Regulations section 1.988-1(d)(1)) or according to a
Information Returns.
reasonable spot rate convention, such as a month-end
Statements to Payees
spot rate or a monthly average spot rate. The convention
must be used consistently for all non-dollar amounts
If you are required to file Form 1099-K, you must furnish a
reported and from year to year. The convention cannot be
statement to the payee.
changed without the consent of the Commissioner or his
Truncating recipient’s TIN on payee statements.
or her delegate.
Pursuant to Treasury Regulations section 301.6109-4, all
Reporting under sections 6041, 6041A, and 6050W.
filers of this form may truncate a payee’s TIN (social
Payments made by payment card or through a third party
security number (SSN), individual taxpayer identification
payment network after December 31, 2010, that otherwise
number (ITIN), adoption taxpayer identification number
would be reportable under sections 6041 (payments of
(ATIN), or employer identification number (EIN)) on payee
$600 or more) or 6041A(a) (payments of remuneration for
statements. Truncation is not allowed on any documents
services and certain direct sales) and 6050W are reported
the filer files with the IRS. A filer's TIN may not be
under section 6050W and not sections 6041 or 6041A.
truncated on any form. See part J in the 2018 General
For purposes of determining whether payments are
Instructions for Certain Information Returns.
subject to reporting under section 6050W, rather than
Furnishing statements electronically. Statements may
sections 6041 or 6041A, the de minimis threshold,
be furnished to payees electronically in lieu of a paper
discussed later under Box 1a, is disregarded.
format. See Regulations section 1.6050W-2(a) for further
information.
Who Must File
For more information about the requirement to furnish a
Every PSE or other party which submits instructions to
statement to each payee, see part M in the 2018 General
transfer funds to the account of a participating payee, in
Instructions for Certain Information Returns.
settlement of reportable payment transactions, must file
an information return (Form 1099-K) with respect to each
2nd TIN Not.
participating payee for that calendar year.
You may enter an “X” in this box if you were notified by the
Multiple PSEs. If two or more persons qualify as PSEs
IRS twice within 3 calendar years that the payee provided
for the same reportable transaction, the PSE that submits
an incorrect taxpayer identification number (TIN). If you
the instruction to transfer funds must file the return.
mark this box, the IRS will not send you any further
However, the PSE obligated to file may designate another
notices about this account.
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Instructions for Form 1099-K (2018)

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