Instructions For Form 1099-Div - 2017 Page 2

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Dividends that relate to payments that the recipient is
For guidance pertaining to dividends of RICs and
obligated to make with respect to short sales or positions in
REITs, see Notice 2004-39, 2004-22 I.R.B. 982,
TIP
substantially similar or related property.
(capital gain dividends of RICs and REITs) available
Dividends paid by a regulated investment company (RIC)
at , modified by
that are not treated as qualified dividend income under
Notice 2015-41, 2015-24 I.R.B. 1058, (capital gain
section 854.
distributions of RICs) available at
Dividends paid by a real estate investment trust (REIT)
2015-24_IRB/ar07.html, and Rev. Rul. 2005-31, 2005-21
that are not treated as qualified dividend income under
I.R.B. 1084, (limitations applicable to dividends received from
section 857(c).
RICs) available at 2005-21_IRB/ar07.html.
Deductible dividends paid on employer securities. See
Section 404(k) Dividends on this page.
Dividend payment delayed until January. If a RIC or a
Qualified foreign corporation. A foreign corporation is a
REIT declares a dividend in October, November, or
qualified foreign corporation if it is:
December payable to shareholders of record on a specified
1. Incorporated in a possession of the United States, or
date in such a month, the dividends are treated as paid by
the RIC or REIT and received by the recipients on December
2. Eligible for benefits of a comprehensive income tax
31 of such year as long as the dividends are actually paid by
treaty with the United States that the Treasury Department
the RIC or REIT during January of the following year. Report
determines is satisfactory for this purpose and that includes
the dividends on Form 1099-DIV for the year preceding the
an exchange of information program.
January they are actually paid. See sections 852(b)(7) and
For a list of income tax treaties of the United States
857(b)(9) for RICs and REITs, respectively.
that (a) are comprehensive, (b) include an
TIP
If a dividend paid in January is subject to backup
information exchange program, and (c) have been
withholding, withhold when the dividend is actually paid.
determined by the Treasury Department to be satisfactory for
Therefore, backup withhold in January, deposit the
this purpose, see Notice 2011-64, 2011-37 I.R.B. 231,
withholding when appropriate, and reflect it on Form 945,
available at 2011-37_IRB/ar07.html.
Annual Return of Withheld Federal Income Tax, for the year
withheld. However, since the dividend is reportable on Form
If the foreign corporation does not meet either (1) or (2)
1099-DIV for the prior year, the related backup withholding is
above, then it may be treated as a qualified foreign
also reportable on the prior year Form 1099-DIV.
corporation for any dividend paid by the corporation if the
stock associated with the dividend paid is readily tradable on
Qualified small business stock—RICs. Under section
an established securities market in the United States. See
1202, a 50% exclusion may be allowed on the gain from the
Notice 2003-71, 2003-43 I.R.B. 922, available at
sale or exchange of qualified small business stock issued
2003-43_IRB/ar10.html, for more information
after August 10, 1993, and held for more than 5 years. A 60%
on when a stock may be considered to be readily tradable.
exclusion may be allowed if the stock is empowerment zone
For additional requirements that must be met, see Notice
business stock acquired after December 21, 2000. For
2006-3, 2006-3 I.R.B. 306, available at
qualified small business stock acquired after February 17,
2006-03_IRB/ar11.html.
2009, and before September 28, 2010, the exclusion is 75%.
For qualified small business stock acquired after September
For guidance on the extent to which distributions,
27, 2010, and before January 1, 2014, the exclusion is 100%.
inclusions, and other amounts received by, or
TIP
For purposes of the 75% and 100% exclusions, the
included in the income of, individual shareholders as
acquisition date shall be the first day on which the stock was
ordinary income from foreign corporations subject to certain
held by the taxpayer determined after the application of
anti-deferral regimes may be treated as qualified dividends,
section 1223.
see Notice 2004-70, 2004-44 I.R.B. 724, available at
2004-44_IRB/ar09.html.
If any part of the capital gain distribution reported in
box 2a may qualify for this exclusion (taking into
consideration the recipient's holding period), report the gain
Section 404(k) Dividends
in box 2c, and furnish the recipient a statement that reports
Report as ordinary dividends in box 1a of Form 1099-DIV
separately for each designated section 1202 gain the:
payments of 404(k) dividends directly from the corporation to
Name of the corporation that issued the stock that was
the plan participants or their beneficiaries.
sold,
Date(s) on which the RIC acquired the stock,
Section 404(k) dividends are not subject to backup
Date sold,
withholding. Also, these dividends are not eligible for the
Recipient's part of the sales price,
reduced capital gains rates (see Exceptions under Qualified
Recipient's part of the RIC's basis in the stock, and
Dividends, earlier).
Amount of the recipient's section 1202 gain and the
RICs and REITs
exclusion percentage.
Qualified tax credit bonds. If a RIC or REIT holds any
Qualified dividends. If any part of the total ordinary
qualified tax credit bonds, any interest that the RIC or REIT
dividends reported in box 1a is qualified dividends, report the
recognizes on the bonds is included in the RIC's or REIT's
qualified dividends in box 1b.
gross income. See section 54A and Notice 2009-15, 2009-6
I.R.B. 449, available at
2009-06_IRB/
ar09.html. RICs can make an election to distribute any
credits allowed to shareholders or beneficiaries. Report tax
credit bond credits distributed by a RIC or REIT on Form
1097-BTC. See section 853A.
-2-
Instructions for Form 1099-DIV (2017)

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