• Reporting a payment on behalf of another on 1099-MISC

    From Adam H. Kerman@21:1/5 to All on Tue Aug 16 20:44:34 2022
    Is anyone familiar with circumstances in which payments of monies
    received on behalf of another are reportable other income payments in
    box 3 of Form 1099-MISC off the top of his head? Reg 1.6041-1(e)(1) does
    not appear to apply.

    Reg 1.6041-1
    (e) Payment made on behalf of another person

    (1) In general. A person that
    makes a payment in the course of its
    trade or business on behalf of another
    person is the payor that must make a
    return of information under this section
    with respect to that payment if
    the payment is described in paragraph
    (a) of this section and, under all the
    facts and circumstances, that person

    (i) Performs management or oversight
    functions in connection with the
    payment (this would exclude, for
    example, a person who performs mere
    administrative or ministerial functions
    such as writing checks at another's
    direction); or

    (ii) Has a significant economic interest
    in the payment (i.e., an economic
    interest that would be compromised if
    the payment were not made, such as by
    creation of a mechanic's lien on property
    to which the payment relates, or a
    loss of collateral).

    The examples in the regulation are about third parties paying
    contractors and subcontractors paying for work that has been verified to
    have been performed, or a mortgage holder ensuring that work was
    performed to restore damaged property to maintain his investment.

    These are dues payments received from members by one organization on
    behalf of another. The dues are contributions for which no goods nor
    services are received. The organization is not a charity. There is a
    national organization, incorporated, and regional chapters, some of
    which are unincorporated.

    Typically, a member writes one check for dues either to the national or
    the chapter. Monies received as dues payments are apportioned between
    the national and chapter.

    The dues payments themselves are not in the course of trade or business
    and aren't reportable in the first place, so I don't believe they are reportable by the dispersing organization.

    The national is incorporated. Not all chapters are incorporated. If
    it's reportable and I'm wrong about this, there may be an exemption
    from reporting on behalf to payments to the incorporated chapters. The reporting threshold may be $600 or more.

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