Rev. Proc. 2012-38 [United States Internal Revenue Bulletin]
By Anonymous | |
Proquest LLC |
TABLE OF CONTENTS
PART 1 - GENERAL INFORMATION
SECTION 1.1 - OVERVIEW OF REVENUE PROCEDURE 2012-38/ WHAT'S NEW ............................................................... 576
SECTION 12 - DEFINITIONS ............................................................................................................................................................................................. 579
SECTION 13 - GENERAL REQLTREMENTS FOR ACCEPTABLE SUBSTITUTE FORMS 1096, 1097-BTC, 1098, 1099,3921, 3922,5498, W-2G, 1042-S, AND 8935 ..............................................................................................................................580
PART 2 - SPECIFICATIONS FOR SUBSTITUTE FORMS 1096
SECTION 2.1 -SPECIFICATIONS ..............................................................................................................................582
SECTION 22 - INSTRUCTIONS FOR PREPARING PAPER FORMS THAT WILL BE FILED WITH THE
PART 3 - Specifications for Substitute Form W-2G (Filed With the
SECTION 3.1 -GENERAL ..............................................................................................................................587
SECTION 32 - SPECIFICATIONS FOR COPY A OF FORM W-2G ...............................................................587
PART 4 - Substitute Statements to Form Recipients and Form Recipient Copies
SECTION 4.1 -SPECIFICATIONS ..............................................................................................................................588
SECTION 42 - COMPOSITE STATEMENTS ..............................................................................................................................592
SECTION 4.3 - ADDITIONAL INFORMATION FOR SUBSTITUTE AND COMPOSITE FORMS 1099-B ...............................................................593
SECTION 4.4 - REQUIRED LEGENDS ..............................................................................................................................594
SECTION 4.5 - MISCELLANEOUS INSTRUCTIONS FOR COPIES B,
SECTION 4.6 - ELECTRONIC DELIVERY OF RECIPIENT STATEMENTS ...............................................................597
PART 5 - Additional Instructions for Substitute Forms 1098, 1097-BTC, 1099, 5498, W-2G, and 1042-S
SECTION 5.1 - PAPER SUBSTITUTES FOR FORM 1042-S ...............................................................598
SECTION 5.2 - OMB REQUIREMENTS FOR ALL FORMS IN THIS REVENUE PROCEDURE ...............................................................600
SECTION 53 - REPRODUCIBLE COPIES OF FORMS ..............................................................................................................................601
SECTION 5.4 - EFFECT ON OTHER REVENUE PROCEDURES ...............................................................601
PART 6 - EXHIBTS
SECTION 6.1 - EXHIBITS OF FORMS IN THE REVENUE PROCEDURE ...............................................................601
Part 1 General Information
Section 1.1 - Overview of Revenue Procedure 2012-38/ What's New
1.1.1 Purpose
The purpose of this revenue procedure is to set forth the 2012 requirements for:
* Using official
* Preparing acceptable substitutes of the official
* Using official or acceptable substitute forms to furnish information to recipients.
1.1.2 Which Forms Are Covered?
This revenue procedure contains specifications for these information returns:
1.1.3 Scope
For purposes of this revenue procedure, a substitute form or statement is one that is not published by the
Filers making payments to certain recipients during a calendar year are required by the Internal Revenue Code (the Code) to file information returns with the
In general, section 6011 of the Code contains requirements for filers of information returns. A filer must file information returns electronically or on paper. A filer who is required to file 250 or more information returns of any one type during a calendar year must file those returns electronically.
Note. If you file electronically, do not file the same returns on paper.
Although not required, small volume filers (fewer than 250 returns during a calendar year) may file the forms electronically. See the legal requirements for filing information returns (and providing a copy to a payee) in the 2012 General Instructions for Certain Information Returns and the 2012 Instructions for Form 1042-S. In addition, see the current revision of Publication 1220, Specifications for Filing Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G electronically through the
1.1.4 For More Information
The
* For copies of the official forms and instructions, call the
* The
* For other tax information related to business returns or accounts, call 1-800-829-4933. Persons with hearing or speech disabilities with access to TTY/TDD equipment can call 1-800-829-4059 to ask tax account questions or to order forms and publications.
Further information impacting Publication 1 179, such as issues arising after its final release, will be posted on IRS.gov at www.IRS.gov/publ 179.
1.1.5 What's New
The following changes have been made to this year's revenue procedure:
* Truncating individual's identification number on paper payee statements. Notice 2011-38 allows filers of Forms 1098, 1099, and 5498 to truncate an individual's identification number (social security number (SSN), individual taxpayer identification number (G??), or adoption taxpayer identification number (???)) on paper payee statements for tax year 2012.
* Form 1097-BTC. We added boxes 1, 2, 3 and 5a through 51 to report the total amount of credits distributed, a unique identification number, bond type, a code to indicate the unique identification number type, and monthly allowable credits. Credits reporting to recipients is required on a quarterly basis, although reporting on a monthly basis, if or as needed, is recommended.
* Form 1098. Mortgage Insurance Premiums. The title and dollar sign ($) have been removed from box 4 as mortgage insurance premiums are no longer deductible as interest on Schedule A (Form 1040) and do not need to be reported. The number 5 and the line between boxes 4 and 5 has been removed, creating a larger box for use by issuers to provide other information to payers/borrowers.
* Form 1098-
* Form 1098-MA. New form 1098-MA, Mortgage Assistance Payments made from the Emergency Homeowners' Loan Program, the
* Form 1099-
* Form 1099-C. The titles for boxes 1,2, and 6 on Form 1099-C have changed. Box 1 is now Date of Identifiable Event; box 2 is now Amount of Debt Discharged; and box 6 is now Identifiable Event Code, and requires the entry of a code for the identifiable event.
* Form 1099-DIV. New boxes 10 and 11 have been added for exempt-interest dividends from a mutual fund or other regulated investment company (RIC) are now reported on Form 1099-DIV. They will no longer be reported on Form 1099-INT Three new boxes for reporting state income tax withholdings have been added; box 12 (State), box 13 (State identification number), and box 14 (State income tax withheld).
* Form 1099-INT. Exempt-Interest dividends from a mutual fund or other regulated investment company (RIC) are no longer reported on Form 1099-INT Those amounts will now be reported on Form 1099-DIV. Three new boxes for reporting state income tax withholdings have been added; box 11 (State), box 12 (State identification number), and box 13 (State income tax withheld).
* Form 1099-OID. Exempt-interest dividends from a mutual fund or other regulated investment company (RIC) are now reported on Form 1099-DIV. Three new boxes for reporting state income tax withholdings have been added; box 8 (State), box 9 (State identification number), and box 10 (State income tax withheld).
* Form 1099-K. The title of the form is now Payment Card and Third Party Network Transactions. The 2nd box on the left side of the form is being reconfigured into 2 boxes, each with 2 checkboxes. Box 3 is now active; allowing the number of purchase transactions reporting for tax year 2012 is optional.
* Form 1042-S. Use the 2012 Form 1042-S only for income paid during 2012. Do not use the 2012 Form 1042-S for income paid during 2011.
* Logos, slogans, and advertising. The rules relating to inclusion of logos; slogans; and advertising on Form 1096, or Copy A of Forms 1097-BTC, 1098, 1099, 5498, W-2G, 1042-S, or any payee copies have been updated and clarified.
* Editorial Changes. We made editorial changes throughout , including updated references. Redundancies were eliminated as much as possible.
Section 1.2 - Definitions
1.2.1
Form Recipient
Form recipient means the person to whom you are required by law to furnish a copy of the official form or information statement. The form recipient may be referred to by different names on various Forms 1099 and related forms ("borrower," "debtor," "donor," "employee," "insured," "participant," "payer/borrower," "policyholder," "student," "transferor," or, in the case of Form W-2G, the "winner").
1.2.2
Filer
Filer means the person or organization required by law to file with the
1.2.3
Substitute Form
Substitute form means a paper substitute of Copy A of an official form listed in Section 1.1.2 that totally conforms to the provisions in this revenue procedure.
1.2.4
Substitute Form Recipient Statement
Substitute form recipient statement means a paper statement of the information reported on a form listed in Section 1.1.2. This statement must be furnished to a person (form recipient), as defined under the applicable provisions of the Code and the applicable regulations.
1.2.5
Composite Substitute Statement
Composite substitute statement means one in which two or more required statements (for example, Forms 1099-INT and 1099-DIV) are furnished to the recipient on one document. However, each statement must be designated separately and must contain all the requisite Form 1099 information except as provided under Section 4.2. A composite statement may not be filed with the
Section 13 - General Requirements for Acceptable Substitute Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935
1.3.1 Introduction
Paper substitutes for Form 1096 and Copy A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 that totally conform to the specifications listed in this revenue procedure may be privately printed and filed as returns with the
If you are uncertain of any specification and want it clarified, you may submit a letter citing the specification, stating your understanding and interpretation of the specification, and enclosing an example of the form (if appropriate) to:
Attn: Substitute Forms Program
SE:W:CAR:MP:T:M:S
Note. Allow at least 30 days for the
You may also contact the Substitute Forms Program via e-mail at substituteforms© irs.Rov. Please enter "Substitute Forms" on the Subject Line. Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 are subject to annual review and possible change. Therefore, filers are cautioned against overstocking supplies of privately printed substitutes.
1.3.2
Logos, Slogans, and Advertisements
Some Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 that include logos, slogans and advertisements may not be recognized as important tax documents. A payee may not recognize the importance of the payee copy for tax reporting purposes due to the use of logos, slogans, and advertisements. Thus, the
* The exact name of the payer, broker, or agent, primary trade name, trademark, service mark, or symbol of the payer, broker, or agent, an embossment or watermark on the information return and payee copies that is a representation of the name, a primary trade name, trademark, service mark, or symbol of the payer, broker, or agent,
* Presented in any typeface, font, stylized fashion, or print color normally used by the payer, broker, or agent, and used in a non-intrusive manner, and
* As long as these items do not materially interfere with the ability of the recipient to recognize, understand, and use the tax information on the payee copies.
The
The information return and payee copies must clearly identify the payer's name associated with its employer identification number.
Logos and slogans, may be used on permissible enclosures, such as a check or account statement, other than information returns and payee copies.
As indicated in Sections 1.3.1 and 5.1.3, of this revenue procedure, Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 are subject to annual review and possible change. If you have comments about the restrictions on including logos, slogans, and advertising on information returns and payee copies, send or email your comments to:
1.3.3
Copy A Specifications
Proposed substitutes of Copy A must be exact replicas of the official
*
*
*
1.3.4
Copy B and Copy C Specifications
Copy B and Copy C of the following forms must contain the information in Part 4 to be considered a "statement" or "official form" under the applicable provisions of the Code. The format of this information is at the discretion of the filer with the exception of the location of the tax year, form number, form name, and the information for composite Form 1099 statements as outlined under Section 4.2.
Copy B, of the forms below, are for the following recipients.
Part 2
Specifications for Substitute Forms 1096 and Copies A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, and 8935 (All Filed With the
Section 2.1 - Specifications
2.1.1
General Requirements
Form identifying numbers (for example, 9191 for Form 1099-DIV) must be printed in nonreflective black carbon-based ink in print positions 15 through 19 using an OCR A font. The check boxes to the right of the form identifying numbers must be 10-point boxes. The "VOID" checkbox is in print position 25 (1.9" from left vertical line of the form). The "CORRECTED" check box is in print position 33 (2.7" from left vertical line of the form). Measurements are from the left edge of the paper, not including the perforated strip. See Exhibits G and Q.
The substitute form Copy A must be an exact replica of the official
Hot wax and cold carbon spots are not permitted on any of the internal form plies. These spots are permitted on the back of a mailer top envelope ply.
Use of chemical transfer paper for Copy A is acceptable.
The Government Printing Office (GPO) symbol must be deleted.
2.1.2
Color and Paper Quality
Color and paper quality for Copy A (cut sheets and continuous pinfeed forms) as specified by JCP Code 0-25, dated
Note. Reclaimed fiber in any percentage is permitted provided the requirements of this standard are met.
2.1.3
Chemical Transfer Paper
Chemical transfer paper is permitted for Copy A only if the following standards are met:
* Only chemically backed paper is acceptable for
* Carbon-coated forms are not permitted.
* Chemically transferred images must be black.
All copies must be clearly legible. Fading must be minimized to assure legibility.
2.1.4
Printing
All print on Copy A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, and the print on Form 1096 above the statement, "Return this entire page to the
The shaded areas of any substitute form should generally correspond to the format of the official form.
The printing for the Form 1096 statement and the following text may be in any shade or tone of black ink. Black ink should only appear on the lower part of the reverse side of Form 1096, where it will not bleed through and interfere with scanning.
Note. The instructions on the front and back of Form 1096, which include filing addresses, must be printed.
Separation between fields must be 0.1 inch.
Except for Forms 1097-BTC, 1099-R, and 1099-MISC, the numbered captions are printed as solid with no shaded background.
Other printing requirements are discussed below.
2.1.5
OCR Specifications
You must initiate or have a quality control program to assure OCR ink density. Readings will be made when printed on approved 20 lb. white OCR bond with a reflectance of not less than 80%. Black ink must not have a reflectance greater than 15%. These readings are based on requirements of the "Scan-Optics Series 9000" Optical Scanner using Flint J-6983 red OCR dropout ink or an exact match.
The following testers and ranges are acceptable:
Important information: The forms produced under these specifications must be guaranteed to function properly when processed through High Speed Scan-Optics 9000 mm scanners. Forms require precision spacing, printing, and trimming.
Density readings on the solid J-6983 (red) must be between the ranges of 0.95 to 0.90. The optimal scanning range is 0.93. Density readings on the solid black must be between the ranges of 112 to 108. The optimal scanning range is 110.
Note. The readings are taken using an Ex-Rite 500 series densitometer, in Status ? with Obsolute or - paper setting under an Illuminate 5000 Calvin Watt Light. You must maintain print contrast specification of ink and densitometer reflectivity reading throughout entire production run.
* MacBeth PCM-II. The tested Print Contrast Signal (PCS) values when using the MacBeth PCM-II tester on the "C" scale must range from .01 minimum to .06 maximum.
* Kidder 082A. The tested PCS values when using the Kidder 082A tester on the Infra Red (IR) scale must range from .12 minimum to .21 maximum. White calibration disc must be 100%. Sensitivity must be set at one (1).
* Alternative testers must be approved by the
Commissioner of Internal Revenue
Attn: SE:W:CAR:MP:P:B:T
2.1.6
Typography
Type must be substantially identical in size and shape to the official form. All rules are either V2-point or 3/4-point. Rules must be identical to those on the official
Note. The form identifying number must be nonreflective carbon-based black ink in OCR A font.
2.1.7 Dimensions
Generally, three copies A of Forms 1098, 1099, 3921, and 3922 are contained on a single page, 8 inches wide (without any snap-stubs and/or pinfeed holes) by 1 1 inches deep.
Exceptions. Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 5498, and 1042-S contain two documents per page. Form 1098-C is a single page document.
There is a .33 inch top margin from the top of the corrected box, and a .2 to .25 inch right margin, with a +/-120 (0.05) inch tolerance for the right margin. If the right and top margins are properly aligned, the left margin for all forms will be correct. All margins must be free of print. See Exhibits A through FF in this publication for correct form measurements.
These measurements are constant for certain Forms 1098, 1099, and 5498. These measurements are shown only once in this publication, on Form 1098 (Exhibit C). Exceptions to these measurements are shown on the rest of the exhibits.
The depth of the individual trim size of each form on a page must be 323 inches, the same depth as the official form.
Exceptions. The depth of Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 5498, and 1042-S is 5V2 inches.
2.1.8
Perforation
Copy A (three per page; two per page for Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 3921, 3922, 5498, or 1042-S) of privately printed continuous substitute forms must be perforated at each 1 1" page depth. No perforations are allowed between the 3%" forms or 5V2" forms on a single copy page of Copies A.
The words "Do Not Cut or Separate Forms on This Page" must be printed in red dropout ink (as required by form specifications) between the three forms or two forms per page.
Note. Perforations are recommended between all the other individual copies (Copies ? and C, and Copies 1 and 2 of Forms 1099-R and 1099-MISC, and Copy D for Forms 1099-LTC and 1099-R) in the set. Any recipient copies printed on a single sheet of paper must be easily separated. The best method of separation is to provide perforations between the individual copies. Each copy should be easily distinguished whatever method of separation is used.
2.1.9
What To Include
You must include the OMB Number on Copies A and Form 1096 in the same location as on the official form.
The words "For Privacy Act and Paperwork Reduction Act Notice, see the current version of the General Instructions for Certain Information Returns" must be printed on Copy A; "For more information and the Privacy Act and Paperwork Reduction Act Notice, see the 2012 General Instructions for Certain Information Returns" must be printed on Form 1096.
A postal indicia may be used if it meets the following criteria:
* It is printed in the OCR ink color prescribed for the form, and
* No part of the indicia is within one print position of the scannable area.
The printer's symbol (GPO) must not be printed on substitute Copy A. Instead, the employer identification number (EIN) of the form's printer must be entered in the bottom margin on the face of each individual form of Copy A, or on the bottom margin on the back of each Form 1096.
The Catalog Number (
The form must not contain the statement "
Section 2.2 - Instructions for Preparing Paper Forms That Will Be Filed With the
2.2.1
Recipient Information
The form recipient's name, street address, city, state, ZIP code, and telephone number (if required) should be typed or machine printed in black ink in the same format as shown on the official
The following rules apply to the form recipient's name(s):
* The name of the appropriate form recipient must be shown on the first or second name line in the area provided for the form recipient's name.
* No descriptive information or other name may precede the form recipient's name.
* Only one form recipient's name may appear on the first name line of the form.
* If multiple recipients' names are required on the form, enter on the first name line the recipient name that corresponds to the recipient taxpayer identification number (TIN) shown on the form. Place the other form recipients' names on the second name line (only 2 name lines are allowable).
Because certain states require that trust accounts be provided in a different format, filers generally should provide information returns reflecting payments to trust accounts with the:
* Trust's employer identification number (EIN) in the recipient's TIN area,
* Trust's name on the recipient's first name line, and
* Name of the trustee on the recipient's second name line.
Although handwritten forms will be accepted, the
2.2.2
Account Number Box
Use the account number box on all Forms 1098, 1099, 3921, 3922, 5498, and W-2G for an account number designation when required by the official
Exception. Form 1098-T can have third-party provider information.
2.2.3
Specifications and Restrictions
Machine-printed forms should be printed using a 6 lines/inch option, and should be printed in 10 pitch pica (10 print positions per inch) or 12 pitch elite (12 print positions per inch). Proportional spaced fonts are unacceptable.
Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single sheet before they are filed with the
* Do not use a felt tip marker. The machine used to "read" paper forms generally cannot read this ink type.
* Do not use dollar signs ($), ampersands (&), asterisks (*), commas (,), or other special characters in the numbered money boxes. Exception. Use decimal points to indicate dollars and cents (for example, 2000.00 is acceptable).
* Do not use apostrophes ('), asterisks (*), or other special characters on the payee name line.
* Do not fold Forms 1098, 1099, 3921, 3922, or 5498 mailed to the
* Do not staple Forms 1096 to the transmitted returns. Any staple holes near the return code number may impair the
* Do not type other information on Copy A.
* Do not cut or separate the individual forms on the sheet of forms of Copy A (except Forms W-2G).
2.2.4
Where
Mail completed paper forms to the
Part 3
Specifications for Substitute Form
W-2G (Filed with the
Section 3.1 - General
3.1.1
Purpose
The following specifications give the format requirements for substitute Form W-2G (Copy A only), which is filed with the
A filer may use a substitute Form W-2G to file with the
Section 3.2 - Specifications for Copy A of Form W-2G
3.2.1
Substitute Form W-2G (Copy A)
You must follow these specifications when printing substitute Copy A of the Form W-2G.
Part 4
Substitute Statements to Form Recipients and Form Recipient Copies
Section 4.1 - Specifications
4.1.1
Introduction
If you do not use the official
Note. A trustee of a grantor-type trust may choose to file Forms 1099 and furnish a statement to the grantor under Regulations sections 1.671- 4(b)(2)(iii) and (b)(3)(ii). The statement required by those regulations is not subject to the requirements outlined in this section.
4.1.2
Substitute Statements to Recipients for Certain Forms 1099-B, 1099-INT, and 1099-DIV, and for Forms 1099-OID and 1099-PATR
The rules in this section apply to Form 1099-B, 1099-INT (except for interest reportable under section 6041), 1099-DIV (except for section 404(k) dividends), 1099-OID, and 1099-PATR only. You may furnish form recipients with Copy ? of the official Form 1099 or a substitute Form 1099 (form recipient statement) if it contains the same information as the official DIS form (such as aggregate amounts paid to the form recipient, any backup withholding, the name, address, and TIN of the person making the return, and any other information required by the official form). Information not required by the official form should not be included on the substitute form except for state income tax withholding information.
Note. Many of the information returns now include boxes for providing state withholding information as part of the official form. Payers may, however, provide the state withholding information separately (such as on a separate page or section) in order to assist the payee with completing a state income tax return that requires the attachment of any information return that includes state withholding amounts and payer numbers.
Exception for supplementary information. The substitute form may include supplementary information that will assist the payee with completing his or her tax return. Such information could include expense and cost basis factors related to the reporting for widely held fixed investment trusts (WHFTTs), as required under Regulation section 1.671-5. It can also include information related to the purchases of debt instruments, such as bond premium, market discount or acquisition premium. The substitute statement should disclose to the payee that such supplementary information is not furnished to the BIS.
Form 1099-B. Brokers that use substitute statements should segregate dispositions of noncovered securities from covered securities, and further segregate long-term and short-term dispositions of covered securities (for 20 1 1 these segregations were not required; they are required for 2012 dispositions). They may also segregate long-term from short-term dispositions of noncovered securities, to the extent that date acquired is known. For 2012 dispositions and 2012 dispositions for which aggregation is done, the substitute Forms 1099-B may have up to five separate sections, each with a heading identifying which securities are included in the list, and each separately totaled. Each section, after totaling or within the heading for the section, should indicate how to report the transactions on Form 8949, as indicated.
(1) Short-term transactions for which basis is reported to the BIS - Report on Form 8949, Part I, with Box A checked.
(2) Short-term transactions for which basis is not reported to the
(3) Long-term transactions for which basis is reported to the BIS - Report on Form 8949, Part II, with Box A checked.
(4) Long-term transactions for which basis is not reported to the BIS - Report on Form 8949, Part II, with Box ? checked.
(5) Transactions for which basis is not reported to the BIS and for which short-term or long-term determination is unknown (to Broker) - You must determine short-term or long-term based on your records and report on Form 8949, Part I, with Box ? checked, or on Form 8949, Part B, with Box ? checked, as appropriate.
For each section, each transaction may include information not reported to the BIS, such as basis, date acquired, and gain or loss. Therefore, for short-term dispositions where basis was not reported to the
For 2012 dispositions, each of the applicable sections must have Sales Price and Cost or Other Basis (if known) separately totaled. Net gain or loss, if included for any of the sections, may also be totaled.
The substitute form requirements in the following paragraphs also apply to Form 1099-B.
Form 1099-INT, DIV, OID, and PATR. A substitute form recipient statement for Forms 1099-INT, 1099-DrV, 1099-OID, or 1099-PATR must comply with the following requirements:
(1) Box captions and numbers that are applicable must be clearly identified, using the same wording and numbering as on the official form.
(2) The form recipient statement (Copy B) must contain all applicable form recipient instructions provided on the front and back of the official
(3) The form recipient statement must contain the following in bold and conspicuous type: This is important tax information and is being furnished to the
(4) The box caption "Federal income tax withheld" must be in boldface type or otherwise highlighted on the form recipient statement.
(5) The form recipient statement must contain the
(6) The form recipient statement must contain the tax year (for example, 20 12), form number (for example, Form 1099-INT), and form name (for example, Interest Income) of the official
(7) Layout and format of the form is at the discretion of the filer. However, the
(8) Each recipient statement of Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR must include the direct access telephone number of an individual who can answer questions about the statement. Include that telephone number conspicuously anywhere on the recipient statement.
(9) A mutual fund family may state separately on one document (for example, one piece of paper) the dividend income earned by a recipient from each fund within the family of funds as required by Form 1099-DIV. However, each fund and its earnings must be stated separately. The form must contain an instruction to the recipient that each fund's dividends and name, not the name of the mutual fund family, must be reported on the recipients tax return. The form cannot contain an aggregate total of all funds. In addition, a mutual fund family may furnish a single statement (as a single filer) for Forms 1099-INT, 1099-DIV, and 1099-OID information. Each fund and its earnings must be stated separately. The form must contain an instruction to the recipient that each fund's earnings and name, not the name of the mutual fund family, must be reported on the recipients tax return. The form cannot contain an aggregate total of all funds.
You may enter a total of the individual accounts listed on the form only if they have been paid by the same payer. For example, if you are listing interest paid on several accounts by one financial institution on Form 1099-INT, you may also enter the total interest amount. You may also enter a date next to the corrected box if that box is checked.
4.1.3
Substitute Statements to Recipients for Certain Forms 1098, 1099, 5498, and W-2G
Statements to form recipients for Forms 1097-BTC, 1098, 1098-C, 1098-E, 1098MA,1098-T, 1099-A, 1099-C, 1099-CAP, 1099-G, 1099-H, 1099-K, 1099-LTC, 1099-MISC, 1099-Q, 1099-R, 1099-S, 1099-SA, 3921, 3922, 5498, 5498-ESA, 5498-SA, 8935, W-2G, 1099-DIV (only for section 404(k) dividends reportable under section 6047), and 1099-INT (only for interest of
Caution. The
To be acceptable, a substitute form recipient statement must meet the following requirements.
(1) The tax year, form number, and form name must be the same as the official form and must be displayed prominently together in one area on the statement. For example, they may be shown in the upper right part of the statement.
(2) The statement must contain the same information as the official
(3) Each substitute recipient statement for Forms W-2G, 1097-BTC, 1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-C, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-K, 1099-INT, 1099-LTC, 1099-MISC (excluding fishing boat proceeds), 1099-Q, 1099-S, and 8935 must include the direct access telephone number of an individual who can answer questions about the statement. Include the telephone number conspicuously anywhere on the recipient statement. Although not required, payers reporting on Forms 1099-R, 1099-SA, 3921, 3922, 5498, 5498-ESA, and 5498-SA are encouraged to furnish telephone numbers at which recipients of the forms(s) can reach a person familiar with information reported.
(4) All applicable money amounts and information, including box numbers, required to be reported to the form recipient must be titled on the form recipient statement in substantially the same manner as those on the official
Exception. If you are reporting a payment as "Other income" in box 3 of Form 1099-MISC, you may substitute appropriate language for the box title. For example, for payments of accrued wages and leave to a beneficiary of a deceased employee, you might change the title of box 3 to "Beneficiary payments" or something similar. Note. You cannot make this change on Copy A.
Note. If federal income tax is withheld and shown on Form 1099-R or W-2G, Copy ? and Copy C must be furnished to the recipient. If federal income tax is not withheld, only Copy C of Form 1099-R and W-2G must be furnished. However, for Form 1099-R, instructions similar to those on the back of the official Copy ? and Copy C of Form 1099-R must be furnished to the recipient. For convenience, you may choose to provide both Copies ? and C of Form 1099-R to the recipient.
(5) You must provide appropriate instructions to the form recipient similar to those on the official
(6) If you use carbonless sets to produce recipient statements, the quality of each copy in the set must meet the following standards:
* All copies must be clearly legible,
* All copies must be able to be photocopied, and
* Fading must not diminish legibility and the ability to photocopy.
In general, black chemical transfer inks are preferred, but other colors are permitted if the above standards are met. Hot wax and cold carbon spots are not permitted on any of the internal form plies. The back of a mailer top envelope ply may contain these spots.
(7) You may use a Settlement Statement (under the Real Estate Settlement Procedures Act of 1974 (RESPA)) for Form 1099-S. The Settlement Statement is acceptable as the written statement to the transferor if you include the legend for Form 1099-S found in Section 4.4.2 and indicate which information on the Settlement Statement is being reported to the
(8) For reporting state income tax withholding and state payments, you may add an additional box(es) to recipient copies as appropriate. In addition, the state withholding information may be provided separate and apart from the other information in the event the recipient must attach a copy to the recipient's tax return. Note. You cannot make this change on Copy A.
(9) On Copy C of Form 1099-LTC, you may reverse the location of the policyholder's and the insured's name, street address, city, state, and ZIP code for easier mailing.
(10) If an institution insurer uses a third party service provider to file Form 1098-T, then in addition to the institution or insurers name, address, and telephone number, the same information may be included for the third party service provider in the space provided on the form.
(11) Forms 1099-A and 1099-C transactions, if related, may be combined on Form 1099-C.
Section 4.2 - Composite Statements
4.2.1
Composite Substitute Statements for Certain Forms 1099-B, 1099-INT, 1099-DIV, 1099-MISC, and 1099-S, and for Forms 1099-OID and 1099-PATR
A composite form recipient statement is permitted for reportable payments of interest, dividends, original issue discount, patronage dividends, and royalties. The following forms may be included on a composite substitute statement, when one payer is reporting more than one of these payments during a calendar year to the same form recipient.
* Form 1099-INT (except for interest reportable under section 6041).
* Form 1099-DIV (except for section 404(k) dividends).
* Form 1099-MISC (only for royalties or substitute payments in lieu of dividends and interest).
* Form 1099-S (only for royalties).
* Form 1099-OID.
* Form 1099-PATR.
* Form 1099-B.
Generally, do not include any other Form 1099 information (for example, 1098 or 1099-A) on a composite statement with the information required on the forms listed in the preceding sentence.
Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the following requirements in addition to the requirements listed earlier in Section 4.1.2, 4.3 and 4.4, as applicable.
* All information pertaining to a particular type of payment must be located and blocked together on the form and separate from any information covering other types of payments included on the form. For example, if you are reporting interest and dividends, the Form 1099-INT information must be presented separately from the Form 1099-DIV information.
* The composite form recipient statement must prominently display the form number and form name of the official
* Any information required by the official
* A composite statement is an acceptable substitute only if the type of payment and the recipient's tax obligation with respect to the payment are as clear as if each required statement were furnished separately on an official form.
A composite form recipient statement for the forms specified in Section 4.1.3 is permitted when one filer is reporting more than one type of payment during a calendar year to the same form recipient. A composite statement is not allowed for a combination of forms listed in Section 4.1.3 and forms listed in Section 4.1.2.
Exceptions:
* Substitute payments in lieu of dividends or interest reported in Box 8 of Form 1099-MISC may be reported on a composite substitute statement with Form 1099-DIV.
* Form 1099-B information may be reported on a composite form with the forms specified in Section 4.1.2 as described in Section 4.2.1.
* Royalties reported on Form 1099-MISC or 1099-S may be reported on a composite form only with the forms specified in Section 4.1.2.
Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the requirements listed in Section 4.2.1 as well as the requirements in Section 4.1.3. A composite statement of Forms 1098 and 1099-INT (for interest reportable under section 6049) is not allowed.
Section 43 - Additional Information for Substitute and Composite Forms 1099-B
4.3.1
Design Layout for Presenting Additional 1099-B Information
A filer may include Form 1099-B information on a composite form with the forms listed in Section 4.1.2. Therefore supporting, explanatory, or comparable relevant information for covered and noncovered lots on the 1099-B portion of the composite statement can be included. This information includes display on the payee statement of data elements such as basis for noncovered lots, explanatory remarks on permissible basis adjustments for covered lots descriptions of the type of transaction (merger, buy to close, redemption, etc.), identification of contingent payment debt obligations, and lot relief methods.
If you wish to provide additional information to the investor on the same substitute recipient Form 1099-B, the form must follow the rules set forth in this Section 4.3 and should clearly delineate how the information is presented. Any information presented should make reference to its corresponding number on the official form as appropriate. You should clearly categorize each type of information you are reporting.
4.3.2
Added Legend for Providing Additional 1099-B Information
An additional separate legend is required that explains exactly which pieces of information are and which are not reported to the
Section 4.4 - Required Legends
4.4.1 Required Legends for Forms
Form 1098 recipient statements (Copy B) must contain the following legends:
* from 1098
(1) 'The information in boxes 1, 2, and 3 is important tax information and is being furnished to the
(2) Caution. 'The amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of the secured property may apply. Also, you may only deduct interest to the extent it was incurred by you, actually paid by you, and not reimbursed by another person."
* Form 1098-C:Copy ? - "In order to take a deduction of more than
* Form 1098-E - "This is important tax information and is being furnished to the
* Form 1098-MA - "This is important tax information and is being furnished to the
* Form 1098-T - "This is important tax information and is being furnished to the
4.4.2
Required Legends for Forms 1099 and W-2G
* Forms 1099-A, 1099-C, and 1099-CAP:Copy ? - "This is important tax information and is being furnished to the
* Forms 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC, 1099-OID, 1099-PATR, and 1099-Q:Copy ? - "This is important tax information and is being furnished to the
* Form 1099-H:Copy ? - "This is important tax information and is being furnished to the
* Form 1099-LTC:Copy ? - "This is important tax information and is being furnished to the
* Form 1 099-R: Copy ? - "Report this income on your federal tax return. If this form shows federal income tax withheld in box 4, attach this copy to your return."Copy C - "This information is being furnished to the
* Form 1099-S:Copy ? - "This is important tax information and is being furnished to the
* Form 1099-SA:Copy ? - 'This information is being furnished to the
* Form W-2G: Copy ? - "This information is being furnished to the
4.4.3
Required Legends for Forms 1097-BTC, 3921, 3922, 5498, and 8935
Recipient statements for these forms must contain the following legends:
* Form 1097-BTC - 'This is important tax information and is being furnished to the
* Form 3921: Copy ? - "This is important tax information and is being furnished to the
* Form 3922: Copy ? - "This is important tax information and is being furnished to the
* Form 5498 - 'This information is being provided to the
* Form 5498-ESA - "The information in boxes 1 and 2 is being furnished to the
* Form 5498-SA - "The information in boxes 1 through 6 is being furnished to the
* Form 8935 - "This is important tax information and is being furnished to the
Section 4.5 - Miscellaneous Instructions for Copies B,
4.5.1
Copies
Copies B, C, and in some cases, D, 1, and 2 are included in the official assembly for the convenience of the filer. You are not legally required to include all these copies with the privately printed substitute forms. Furnishing Copies ? and, in some cases, C will satisfy the legal requirement to provide statements of information to form recipients.
Note. If an amount of federal income tax withheld is shown on Form 1099-R or W-2G, Copy B (to be attached to the tax return) and Copy C must be furnished to the recipient. Copy D (Forms 1099-R and W-2G) may be used for Payer records. Only Copy A should be filed with the
4.5.2
Arrangement of Assembly
Copy A ("For
4.5.3
Perforations
Perforations are recommended between forms on all copies except Copy A to make separating the forms easier. Recipient copies, including those that are printed on a single sheet of paper, must be easily separated. The best method of separation is to provide perforations between the individual copies. Each copy should be easily distinguished whatever method of separation is used.
Perforations or other means of separation are required between forms on all copies except Copy A to make separating the forms easier. Exception: Copy A of Form W-2G may be perforated.
Note. Perforation does not apply to printouts of copies that are furnished electronically to recipients (as described in Regulations section 3 1.605 l-l(j)). However, these recipients should be cautioned to carefully separate any copies.
Section 4.6 - Electronic Delivery of Recipient Statements
4.6.1
Electronic Recipient Statements
If you are required to furnish a written statement (Copy ? or an acceptable substitute) to a recipient, then you may furnish the statement electronically instead of on paper. This includes furnishing the statement to recipients of Forms 1098, 1098-E, 1098-MA, 1098-T, 1099- A, 1099-B, 1099-C, CAP, DIV, G, H, INT, K, LTC, MISC, OH), PAIR, Q, R,
Note. Until further guidance is issued, you can not furnish Form 1098-C electronically. Perforation (see Section 2.1.8) does not apply to printouts of copies of forms that are furnished electronically to recipients. However, recipients should be cautioned to carefully separate the copies.
If you meet the requirements listed below, you are treated as furnishing the statement timely.
Consent
The recipient must consent in the affirmative and not have withdrawn the consent before the statement is furnished. The consent by the recipient must be made electronically in a way that shows that he or she can access the statement in the electronic format in which it will be furnished. You must notify the recipient of any hardware or software changes prior to furnishing the statement. A new consent to receive the statement electronically is required after the new hardware or software is put into service. Prior to furnishing the statements electronically, you must provide the recipient a statement with the following statements prominently displayed:
* If the recipient does not consent to receive the statement electronically, a paper copy will be provided.
* The scope and duration of the consent. For example, whether the consent applies to every year the statement is furnished or only for the
* How to obtain a paper copy after giving consent.
* How to withdraw the consent. The consent may be withdrawn at any time by furnishing the withdrawal in writing (electronically or on paper) to the person whose name appears on the statement. Confirmation of the withdrawal also will be in writing (electronically or on paper).
* Notice of termination. The notice must state under what conditions the statements will no longer be furnished to the recipient.
* Procedures to update the recipients information.
* A description of the hardware and software required to access, print and retain a statement, and a date the statement will no longer be available on the website.
Format, Posting, and Notification
Additionally, you must:
* Ensure the electronic format contains all the required information and complies with the guidelines in this document.
* Post, on or before the
* Inform the recipient, electronically or by mail, of the posting and how to access and print the statement.
For more information, see Regulations section 31.6051-1. For electronic furnishing of Forms 1098-E and 1098-T, see Regulations sections 1.6050S-2 and 1.6050S-4. For electronic furnishing of Forms 1099-R, 1099-SA, 1099-Q, 5498, 5498-ESA, and 5498-SA, see Notice 2004-10, 2004-1 C.B. 433.
Part 5
Additional Instructions for Substitute
Forms 1098, 1097-BTC, 1099, 5498, W-2G, and 1042-S
Section 5.1 - Paper Substitutes for Form 1042-S
5.1.1
Paper Substitutes
Paper substitutes of Copy A for Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, that totally conform to the specifications contained in this procedure may be privately printed without prior approval from the
Note. Copies B,
5.1.2
Time Frame For Submission of Form 1042-S
The request should be submitted by
5.1.3
Revisions
Form 1042-S is subject to annual review and possible change. Withholding agents and form suppliers are cautioned against overstocking supplies of the privately printed substitutes.
5.1.4
Obtaining Copies
Copies of the official form for the reporting year may be obtained from most Service offices. The Service provides only cut sheets of these forms. Continuous fan-fold/pin-fed forms are not provided.
5.1.5
Instructions For Withholding Agents
Instructions for withholding agents:
* Only original copies may be filed with the Service. Reproductions are not acceptable.
* The term "Recipient's U.S. TIN" for an individual means the social security number (SSN) or
* Withholding agents are requested to type or machine print whenever possible, provide quality data entries on the forms (that is, use black ink and insert data in the middle of blocks well separated from other printing and guidelines), and take other measures to guarantee a clear, sharp image. Withholding agents are not required, however, to acquire special equipment solely for the purpose of preparing these forms.
* The "AMENDED" and "PRO-RATA BASIS REPORTING" boxes must be printed at the top center of the form under the title and checked, if applicable.
Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single form before they are filed with the Service. The dimensions are found below. Computer cards are acceptable provided they meet all requirements regarding layout, content, and size.
5.1.6
Substitute Form 1042-S Format Requirements
Section 5.2 - OMB Requirements for All Forms in This Revenue Procedure
5.2.1
OMB Requirements
The Paperwork Reduction Act (the Act) of 1995 (Public Law 104-13) requires that:
* OMB approves all
* Each DIS form (or its instructions) states:
This information must be provided to any users of official or substitute DIS forms or instructions.
5.2.2
Substitute Form Requirements
The OMB requirements for substitute DIS forms are:
* Any substitute form or substitute statement to a recipient must show the OMB number as it appears on the official DIS form.
* For Copy A, the OMB number must appear exactly as shown on the official DIS form.
* For any copy other than Copy A, the OMB number must use one of the following formats.
(1) OMB No. 1545-xxxx (preferred) or
(2) OMB # 1545-xxxx (acceptable).
5.2.3
Required Explanation to Users
All substitute forms (Copy A only) must state "For Privacy Act and Paperwork Reduction Act Notice, see the 2012 General Instructions for Certain Information Returns." (or "For Privacy Act and Paperwork Reduction Act Notice, see separate instructions." for Copy A of Form 1042-S).
If no instructions are provided to users of your forms, you must furnish them with the exact text of the Privacy Act and Paperwork Reduction Act Notice.
Section 5.3 - Reproducible Copies of Forms
5.3.1
Introduction
You can order official
*
*
5.3.2
Internet
The DVD contains approximately 2,500 tax forms and publications for small businesses, return preparers, and others who frequently need current or prior year tax products. Most current tax forms on the DVD may be filled in electronically, then printed out for submission and saved for recordkeeping. Other products on the DVD include the Internal Revenue Bulletins, Tax Supplements, and Internet resources and links for the tax professional. For system requirements, contact the
Prices are subject to change. The cost of the DVD if purchased from NTIS at http://www.irs. gov/formspubs/article/0"id=108660,00.html is
* By phone - 1-877-CDFORMS (1-877-233-6767) (
* By fax - 703-605-6900 (
* By mail - to:
Note. Some forms on the DVD are intended as information only and may not be submitted as an official
Section 5.4 - Effect on Other Revenue Procedures
5.4.1
Other Revenue Procedures
Revenue Procedure 2011-60, 2011-52I.R.B. 934, dated
Part 6
Exhibits
Section 6.1 - Exhibits of Forms in the Revenue Procedure
6.1.1
Purpose
Exhibits A through FF illustrate some of the specifications that were discussed earlier in this revenue procedure. The dimensions apply to the actual size forms, but the exhibits have been reduced in size.
Generally, the illustrated dimensions apply to all like forms. For example, Exhibit C shows 11.00" from the top edge to the bottom edge of Form 1098 and .85" between the bottom rule of the top form and the top rule of the second form on the page. These dimensions apply to all forms that are printed three to a page.
6.1.2
Guidelines
Keep in mind the following guidelines when printing substitute forms.
* Closely follow the specifications to avoid delays in processing the forms.
* Always use the specifications as outlined in this revenue procedure and illustrated in the exhibits.
* Do not add the text line "Do Not Cut or Separate Forms on This Page" to the bottom form. This will be inconsistent with the specifications.
Copyright: | (c) 2012 Superintendent of Documents |
Wordcount: | 11477 |
Financial Crisis During 2007 And 2008: Efficient Markets Or Human Behavior? [Journal of Applied Business Research]
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News