Department of the Treasury 2004 Internal Revenue Service

Instructions for

Form 1099-MISC

Section references are to the Internal Revenue Code unless otherwise noted.

What’s New for 2004 reporting requirements include trusts of qualified pension or

profit-sharing plans of employers, certain organizations exempt

Final regulations under section 280G for golden parachute from tax under section 501(c) or (d), and farmers’ cooperatives

payments. See Golden parachute payments on page that are exempt from tax under section 521. Payments by

MISC-6. Federal, state, or local government agencies are also

reportable. Exemption from reporting certain medical and health care

payments. The Medicare Prescription Drug, Improvement, and Exceptions. Some payments are not required to be reported

Modernization Act of 2003 exempts payments related to certain on Form 1099-MISC, although they may be taxable to the

health arrangements from the reporting requirements of section recipient. Payments for which a Form 1099-MISC is not

6041. For additional information, see the Caution under Box 6. required include:

Medical and Health Care Payments on page MISC-4. • Generally, payments to a corporation; but see Payments

reportable to corporations on page MISC-2;

An Item To Note • Payments for merchandise, telegrams, telephone, freight,

storage, and similar items; In addition to these specific instructions, you should also use • Payments of rent to real estate agents, but see Regulations the 2004 General Instructions for Forms 1099, 1098, 5498, section 1.6041-1(e)(5), Example 5; and W-2G. Those general instructions include information • Wages paid to employees (report on Form W-2, Wage and about: Tax Statement); • Backup withholding • Business travel allowances paid to employees (may be • Magnetic media and electronic reporting requirements reportable on Form W-2); • Penalties • Cost of current life insurance protection (report on Form W-2 • Who must file (nominee/middleman) or Form 1099-R, Distributions From Pensions, Annuities, • When and where to file Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, • Taxpayer identification numbers etc.); and • Statements to recipients • Payments to a tax-exempt organization, the United States, a • Corrected and void returns state, the District of Columbia, a U.S. possession, or a foreign • Other general topics government. You can get the general instructions from the IRS website at

www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Fees paid to informers. A payment to an informer as an

award, fee, or reward for information about criminal activity is

not required to be reported if the payment is made by a Federal,

Specific Instructions for Form 1099-MISC state, or local government agency, or by a nonprofit

organization exempt from tax under section 501(c)(3) that File Form 1099-MISC, Miscellaneous Income, for each person makes the payment to further the charitable purpose of to whom you have paid (a) at least $10 in royalties or broker lessening the burdens of government. For more information, payments in lieu of dividends or tax-exempt interest (see Box 8 see Regulations section 1.6041-3(l). on page MISC-6); (b) at least $600 in rents, services (including Scholarships. Do not use Form 1099-MISC to report parts and materials), prizes and awards, other income scholarship or fellowship grants. Scholarship or fellowship payments, medical and health care payments, crop insurance grants that are taxable to the recipient because they are paid proceeds, cash payments for fish (or other aquatic life) you for teaching, research, or other services as a condition for purchase from anyone engaged in the trade or business of receiving the grant are considered wages and must be reported catching fish, or, generally, the cash paid from a notional on Form W-2. Other taxable scholarship or fellowship payments principal contract to an individual, partnership, or estate; (c) any (to a degree or nondegree candidate) are not required to be fishing boat proceeds; or (d) gross proceeds paid to an attorney reported by you to the IRS on any form. See Notice 87-31, (see Payments to attorneys on page MISC-2). In addition, use 1987-1 C.B. 475 and Regulations section 1.6041-3(n) for more Form 1099-MISC to report that you made direct sales of at least information. $5,000 of consumer products to a buyer for resale anywhere

other than a permanent retail establishment. You must also file Difficulty-of-care payments. Difficulty-of-care payments

Form 1099-MISC for each person from whom you have that are excludable from the recipient’s gross income are not

withheld any Federal income tax under the backup withholding required to be reported. Difficulty-of-care payments to foster

rules regardless of the amount of the payment. care providers are not reportable if paid for not more than 10

children under age 19 and not more than 5 individuals age 19 Be sure to report payments in the proper box because or older. Amounts paid for more than 10 children or more than 5 the IRS uses this information to determine whether the individuals are reportable on Form 1099-MISC. CAUTION recipient has properly reported the payment.

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Canceled debt. A canceled debt is not reportable on Form

Trade or business reporting only. Report on Form 1099-MISC. Canceled debts are required to be reported on

1099-MISC only when payments are made in the course of your Form 1099-C, Cancellation of Debt, by financial institutions,

trade or business. Personal payments are not reportable. You credit unions, Federal government agencies, certain agencies

are engaged in a trade or business if you operate for gain or connected with the Federal government, and an organization

profit. However, nonprofit organizations are considered to be where the lending of money (such as finance and credit card

engaged in a trade or business and are subject to these companies) is a significant trade or business. See the

reporting requirements. Nonprofit organizations subject to these Instructions for Forms 1099-A and 1099-C.

Cat. No. 27982J
Payments reportable to corporations. The following 1099-MISC the accrued wages, vacation pay, and other

payments made to corporations generally must be reported on compensation paid after the date of death. If you made the

Form 1099-MISC: payment in the same year the employee died, you must

• Medical and health care payments reported in box 6. withhold social security and Medicare taxes on the payment

• Fish purchases for cash reported in box 7. and report them only as social security and Medicare wages on

• Attorneys’ fees reported in box 7. the employee’s Form W-2 to ensure that proper social security

• Gross proceeds paid to an attorney reported in box 14. and Medicare credit is received. On the Form W-2, show the

• Substitute payments in lieu of dividends or tax-exempt payment as social security wages (box 3) and Medicare wages

interest reported in box 8. and tips (box 5) and the social security and Medicare taxes

• Payments by a Federal executive agency for services withheld in boxes 4 and 6; do not show the payment in box 1

(vendors) reported in box 7. of Form W-2. If you made the payment after the year of

death, do not report it on Form W-2, and do not withhold social Federal executive agencies may also have to file Form security and Medicare taxes. 8596, Information Return for Federal Agencies, if a CAUTION contracted amount for personal services is more than Whether the payment is made in the year of death or after

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$25,000. See Rev. Rul. 2003-66, 2003-26 I.R.B. 1115 for the year of death, you also must report it on Form 1099-MISC

details. for the payment to the estate or beneficiary. Report the

Payments to attorneys. payment in box 3 (rather than in box 7 as specified in Rev. Rul. The term attorney includes a law firm 86-109, 1986-2 C.B. 196). See the Example below. Enter the or other provider of legal services. Attorney’s fees of $600 or

more paid in the course of your trade or business are reportable name and TIN of the payment recipient on Form 1099-MISC.

For example, if the recipient is an individual beneficiary, enter in box 7 of Form 1099-MISC. the name and social security number of the individual; if the Gross proceeds paid to attorneys. Under section 6045(f), recipient is the estate, enter the name and employer report in box 14 payments to an attorney made in the course of identification number of the estate. The general backup your trade or business in connection with legal services, such withholding rules apply to this payment. as in a settlement agreement, unless the attorney’s fees are

reportable by you in box 7. Generally, you are not required to However, death benefits from qualified and nonqualified

report the claimant’s attorney’s fees. For example, an insurance deferred compensation plans paid to the estate or beneficiary of

company pays a claimant’s attorney $100,000 to settle a claim. a deceased employee are not reportable on Form 1099-MISC

The insurance company reports the payment as gross proceeds but are reportable on Form 1099-R. See the Instructions for

of $100,000 in box 14. The insurance company does not have a Forms 1099-R and 5498.

reporting requirement for the claimant’s attorney’s fees Example. Before Employee A’s death on June 15, 2004, A subsequently paid from these funds. was employed by Employer X and received $10,000 in wages These rules apply whether or not the legal services are on which Federal income tax of $1,500 was withheld. When A provided to the payer and whether or not the attorney is died, X owed A $2,000 in wages and $1,000 in accrued exclusive payee (e.g., the attorney’s and claimant’s names are vacation pay. The total of $3,000 (less the social security and on one check). However, these rules do not apply to wages Medicare taxes withheld) was paid to A’s estate on July 20, paid to attorneys that are reportable on Form W-2 or to profits 2004. Because X made the payment during the year of death, distributed by a partnership to its partners that are reportable X must withhold social security and Medicare taxes on the

on: $3,000 payment and must complete Form W-2 as follows: • Schedule K-1 (Form 1065), Partner’s Share of Income, • Box 1—10000.00 (does not include the $3,000 accrued Credits, Deductions, etc., or wages and vacation pay) • Schedule K-1 (Form 1065-B), Partner’s Share of Income • Box 2—1500.00

(Loss) From an Electing Large Partnership. • Box 3—13000.00 (includes the $3,000 accrued wages and

Payments to corporations for legal services. The vacation pay)

exemption from reporting payments made to corporations does • Box 4—806.00 (6.2% of the amount in box 3)

not apply to payments for legal services. Therefore, you must • Box 5—13000.00 (includes the $3,000 accrued wages and

report attorneys’ fees (in box 7) or gross proceeds (in box 14) vacation pay)

as described above to corporations that provide legal services. • Box 6—188.50 (1.45% of the amount in box 5)

Taxpayer identification numbers (TINs). To report Employer X also must complete Form 1099-MISC as

payments to attorneys on Form 1099-MISC, you must obtain follows:

the attorney’s TIN. Form W-9, Request for Taxpayer • Boxes for recipient’s name, address, and TIN—the

estate’s name, address, and TIN. Identification Number and Certification, may be used to obtain • Box 3—3000.00 (Even though amounts were withheld for the attorney’s TIN. An attorney is required to promptly supply its

TIN whether it is a corporation or other entity, but the attorney is social security and Medicare taxes, the gross amount is

not required to certify its TIN. If the attorney fails to provide its reported here.)

TIN, the attorney may be subject to a penalty under section If Employer X made the payment after the year of death,

6723 and its regulations, and the reportable payments are the $3,000 would not be subject to social security and Medicare

subject to backup withholding. taxes and would not be shown on Form W-2. However, the

employer would still file Form 1099-MISC. Fish purchases. If you are in the trade or business of

purchasing fish for resale, you must report total cash payments Employee business expense reimbursements. Do not use

of $600 or more paid during the year to any person who is Form 1099-MISC to report employee business expense

engaged in the trade or business of catching fish. Report these reimbursements. Report payments made to employees under a

payments in box 7. You are required to keep records showing nonaccountable plan as wages on Form W-2. Generally,

the date and amount of each cash payment made during the payments made to employees under an accountable plan are

year, but you must report only the total amount paid for the year not reportable on Form W-2, except in certain cases when you

on Form 1099-MISC. pay per diem or mileage allowance. For more information, see

the Instructions for Forms W-2 and W-3, Pub. 463, Travel, “Fish” means all fish and other forms of aquatic life. “Cash”

means U.S. and foreign coin and currency and a cashier’s Entertainment, Gift, and Car Expenses, and Pub. 1542, Per

check, bank draft, traveler’s check, or money order. Cash does Diem Rates. For information on reporting employee moving

not include a check drawn on your personal or business expense reimbursements on Form W-2, see the Instructions for

account. Forms W-2 and W-3.

Deceased employee’s wages paid to estate or beneficiary. Independent contractor or employee. Generally, you must

If an employee died during the year, you must report on Form report payments to independent contractors on Form

MISC-2
1099-MISC in box 7. See the instructions for box 7 on page more information about the requirement to furnish a statement

MISC-4. to each recipient, see part H in the 2004 General Instructions

for Forms 1099, 1098, 5498, and W-2G . Section 530 of the Revenue Act of 1978 as extended by

section 269(c) of P.L. 97-248, deals with the 2nd TIN not. You may enter an “X” in this box if you were

employment tax status of independent contractors and notified by the IRS twice within 3 calendar years that the payee

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employees. To qualify for relief under section 530, employers provided an incorrect TIN. If you mark this box, the IRS will not

must file Form 1099-MISC. Additional requirements for relief send you any further notices about this account.

are discussed in Rev. Proc. 85-18, 1985-1 C.B. 518. Also, see For information on the TIN Matching System offered by Notice 87-19, 1987-1 C.B. 455, for special rules that may apply the IRS, see the 2004 General Instructions for Forms to certain skilled workers, such as engineers, designers, 1099, 1098, 5498, and W-2G.

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drafters, computer programmers, and systems analysts.

Transit passes and parking for independent contractors. Box 1. Rents

Although you cannot provide qualified transportation fringes to Enter amounts of $600 or more for all types of rents, such as independent contractors, the working condition and de minimus real estate rentals paid for office space (unless paid to a real fringe rules for transit passes and parking apply to independent estate agent), machine rentals (e.g., renting a bulldozer to level contractors. Tokens or farecards that enable an independent your parking lot), and pasture rentals (e.g., farmers paying for contractor to commute on a public transit system (not including the use of grazing land). If the machine rental is part of a privately operated van pools) are excludable from the contract that includes both the use of the machine and the

independent contractor’s gross income and are not reportable operator, the rental should be prorated between the rent of the on Form 1099-MISC if their value in any month is $21 or less. machine (reported in box 1) and the operator’s charge (reported However, if the value of a pass provided in a month is greater as nonemployee compensation in box 7). Public housing than $21, the full value is includible in gross income and is agencies must report in box 1 rental assistance payments made reportable on Form 1099-MISC. The value of parking may be to owners of housing projects. See Rev. Rul. 88-53, 1988-1 excludable from an independent contractor’s gross income, C.B. 384.

and, therefore, not reportable on Form 1099-MISC if certain Coin-operated amusements. If an arrangement between requirements are met. See Regulations section 1.132-9, an owner of coin-operated amusements and an owner of a Q/A 24. business establishment where the amusements are placed is a Directors’ fees. You must report directors’ fees and other lease of the amusements or the amusement space, the owner remuneration, including payments made after retirement, on of the amusements or the owner of the space, whoever makes Form 1099-MISC in the year paid. Report them in box 7. the payments, must report the lease payments in box 1 of Form Commissions paid to lottery ticket sales agents. A state 1099-MISC if the payments total at least $600. However, if the that has control over and responsibility for online and instant arrangement is a joint venture, the joint venture must file a lottery games must file Form 1099-MISC to report commissions Form 1065, U.S. Return of Partnership Income, and provide paid, whether directly or indirectly, to licensed sales agents. For each partner with information necessary to report the partner’s example, State X retains control over and liability for online and share of the taxable income. Coin-operated amusements instant lottery games. For online ticket sales, State X pays include video games, pinball machines, jukeboxes, pool tables, commissions by allowing an agent to retain 5% of the ticket slot machines, and other machines and gaming devices proceeds the agent remits to State X. For instant ticket sales, operated by coins or tokens inserted into the machines by State X pays commissions by providing tickets to the agent for individual users. For more information, see Rev. Rul. 92-49,

5% less than the proceeds to be obtained by the agent from the 1992-1 C.B. 433.

sale of those tickets. If the commissions for the year total $600

or more, they must be reported in box 7 on Form 1099-MISC. Box 2. Royalties

See Rev. Rul. 92-96, 1992-2 C.B. 281. Enter gross royalty payments of $10 or more before reduction

Escrow agent; construction project. When an escrow agent for severance and other taxes that may have been withheld and

maintains owner-provided funds in an escrow account for a paid. Include in this box gross royalties (before reduction for

construction project, performs management and oversight fees, commissions, or expenses) paid by a publisher directly to

functions relating to the construction project, and makes an author or literary agent or paid by a literary agent to an

payments for the owner and the general contractor, the escrow author. Do not include surface royalties. They should be

agent must file Form 1099-MISC for reportable payments of reported in box 1. Do not report oil or gas payments for a

$600 or more. This requirement applies whether or not the working interest in box 2; report payments for working interests

escrow agent is a bank. If the contractor is the borrower of the in box 7. Do not report timber royalties made under a

funds, do not report on Form 1099-MISC any loan payments pay-as-cut contract; report such timber royalties on Form

made to the contractor/borrower. 1099-S, Proceeds From Real Estate Transactions.

Indian gaming profits, payments to tribal members. If you Box 3. Other Income

make payments to members of Indian tribes from the net Enter other income of $600 or more required to be reported on revenues of class II or class III gaming activities conducted or Form 1099-MISC that is not reportable in one of the other licensed by the tribes, you must withhold Federal income tax on boxes on the form. such payments and file Form 1099-MISC. Also enter in box 3 prizes and awards that are not for File Form 1099-MISC to report the distributions to tribal services performed. Include the fair market value (FMV) of members. Report the payments in box 3 and the Federal merchandise won on game shows. Also include amounts paid income tax withheld in box 4. Pub. 15-A, Employer’s to a winner of a sweepstakes not involving a wager. If a wager Supplemental Tax Guide, contains the necessary “Tables for is made, report the winnings on Form W-2G, Certain Gambling Withholding on Distributions of Indian Gaming Profits to Tribal Winnings. Members.”

State or local sales taxes. If state or local sales taxes are If, not later than 60 days after the winner becomes

imposed on the service provider and you (as the buyer) pay entitled to the prize, the winner can choose the option of

them to the service provider, report them on Form 1099-MISC a lump sum or an annuity payable over at least 10

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as part of the reportable payment. However, if sales taxes are years, the payment of winnings is considered made when

imposed on you (as the buyer) and collected from you by the actually paid. If the winner chooses an annuity, file Form

service provider, do not report the sales taxes on Form 1099-MISC each year to report the annuity paid during that

1099-MISC. year.

Statements to recipients. If you are required to file Form Do not include prizes and awards paid to your employees.

1099-MISC, you must provide a statement to the recipient. For Report these on Form W-2. Do not include in box 3 prizes and

MISC-3
awards for services performed by nonemployees, such as an If the termination payments do not meet these requirements,

award for the top commission salesperson. Report them in report them in box 7.

box 7. Box 4. Federal Income Tax Withheld

Prizes and awards received in recognition of past Enter backup withholding. For example, persons who have not accomplishments in religious, charitable, scientific, artistic, furnished their TIN to you are subject to withholding at a 28% educational, literary, or civic fields are not reportable if (a) the rate on payments required to be reported in boxes 1, 2 (net of winners are chosen without action on their part, (b) the winners severance taxes), 3, 5 (to the extent paid in cash), 6, 7 (except are not expected to perform future services, and (c) the payer fish purchases for cash), 8, 10, and 14. For more information on transfers the prize or award to a charitable organization or backup withholding, see the 2004 General Instructions for governmental unit under a designation made by the recipient. Forms 1099, 1098, 5498, and W-2G. See Rev. Proc. 87-54, 1987-2 C.B. 669. Also enter any income tax withheld from payments to Other items required to be reported in box 3 include the members of Indian tribes from the net revenues of class II or following: class III gaming activities conducted or licensed by the tribes. 1. Generally, all punitive damages, any damages for

nonphysical injuries or sickness, and any other taxable Box 5. Fishing Boat Proceeds

damages. Report punitive damages even if they relate to Enter the share of all proceeds from the sale of a catch or the

physical injury or physical sickness. Generally, report all FMV of a distribution in kind to each crew member of fishing

compensatory damages for nonphysical injuries or sickness, boats with normally fewer than 10 crew members. A fishing

such as employment discrimination or defamation. However, do boat has normally fewer than 10 crew members if the average

not report damages (other than punitive damages): size of the operating crew was fewer than 10 on trips during the

a. Received on account of personal physical injuries or preceding 4 calendar quarters.

physical sickness; In addition, report cash payments of up to $100 per trip that

b. That do not exceed the amount paid for medical care for are contingent on a minimum catch and are paid solely for

emotional distress; or additional duties (such as mate, engineer, or cook) for which

c. Received on account of nonphysical injuries (e.g., additional cash payments are traditional in the industry.

emotional distress) under a written binding agreement, court However, do not report on Form 1099-MISC any wages

decree, or mediation award in effect on or issued by September reportable on Form W-2.

13, 1995. Box 6. Medical and Health Care Payments Damages received on account of emotional distress,

including physical symptoms such as insomnia, headaches, Enter payments of $600 or more made in the course of your

and stomach disorders, are not considered received for a trade or business to each physician or other supplier or provider

physical injury or physical sickness and are reportable unless of medical or health care services. Include payments made

described in b or c above. However, damages received on by medical and health care insurers under health, accident, and

account of emotional distress due to physical injuries or sickness insurance programs. If payment is made to a

physical sickness are not reportable. corporation, list the corporation as the recipient rather than the

individual providing the services. Payments to persons Also report liquidated damages received under the Age providing health care services often include charges for Discrimination in Employment Act of 1967. injections, drugs, dentures, and similar items. In these cases Taxable back pay damages may be wages and the entire payment is subject to information reporting. You are reportable on Form W-2. See Pub. 957, Reporting Back not required to report payments to pharmacies for prescription Pay and Special Wage Payments to the Social Security drugs.

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Administration. The exemption from issuing Form 1099-MISC to a 2. Payments to nonemployees specified in, and payments corporation does not apply to payments for medical or health similar to those specified in, Rev. Rul. 65-18, 1965-1 C.B. 32, care services provided by corporations, including professional about payments to patients and members in Department of corporations. However, you are not required to report payments Veterans Affairs (VA) hospitals and domiciliaries under the VA made to a tax-exempt hospital or extended care facility or to a therapeutic or rehabilitative programs. hospital or extended care facility owned and operated by the 3. Payments as explained on page MISC-2 under United States (or its possessions), a state, the District of Deceased employee’s wages paid to estate or beneficiary. Columbia, or any of their political subdivisions, agencies, or 4. Payments as explained on page MISC-3 under Indian instrumentalities. gaming profits, payments to tribal members.

5. Termination payments Payments made under a flexible spending arrangement to former self-employed

insurance salespeople. These payments are not subject to (as defined in section 106(c)(2)) or a health

self-employment tax and are reportable in box 3 (rather than CAUTION reimbursement arrangement which is treated as

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box 7) if all the following apply: employer-provided coverage under an accident or health plan

for purposes of section 106 are exempt from the reporting a. The payments are received from an insurance company requirements of section 6041. because of services performed as an insurance salesperson for

the company. Box 7. Nonemployee Compensation b. The payments are received after termination of the Enter nonemployee compensation of $600 or more. Include salesperson’s agreement to perform services for the company. fees, commissions, prizes and awards for services performed c. The salesperson did not perform any services for the as a nonemployee, other forms of compensation for services company after termination and before the end of the year. performed for your trade or business by an individual who is not d. The salesperson enters into a covenant not to compete your employee, and fish purchases for cash. Include oil and gas against the company for at least 1 year after the date of payments for a working interest, whether or not services are termination. performed. Also include expenses incurred for the use of an e. The amount of the payments depends primarily on entertainment facility that you treat as compensation to a policies sold by the salesperson or credited to the salesperson’s nonemployee. Federal executive agencies that make payments account during the last year of the service agreement or to the to vendors for services, including payments to corporations, extent those policies remain in force for some period after must report the payments in this box. See Rev. Rul. 2003-66, termination, or both. 2003-26 I.R.B. 1115. f. The amount of the payments does not depend at all on

length of service or overall earnings from the company

(regardless of whether eligibility for payment depends on length

of service).

MISC-4
Nonemployee compensation

VOID CORRECTED

PAYER’S name, street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115

$

2 Royalties

$

3 Other income Federal income tax withheld

RECIPIENT’S identification

number

PAYER’S Federal identification

number

5 Fishing boat proceeds 6 Medical and health care payments

$ $

RECIPIENT’S name Substitute payments in lieu of

dividends or interest

7 8

$ $

Street address (including apt. no.) 9 10 Crop insurance proceeds

City, state, and ZIP code

Gross proceeds paid to

an attorney

Excess golden parachute 14

payments

Account number (optional) 13

$

16 State tax withheld 17 State/Payer’s state no.

$

18 State income

$

$

$ $

4

$ $

Payer made direct sales of

$5,000 or more of consumer

products to a buyer

(recipient) for resale 

Form 1099-MISC

Miscellaneous

Income

15

$

2nd TIN not.

Form 1099-MISC Cat. No. 14425J Department of the Treasury - Internal Revenue Service

Copy A

File with Form 1096.

For Privacy Act

and Paperwork

Reduction Act

Notice, see the

2004 General

Instructions for

Forms 1099,

1098, 5498,

and W-2G.

For

Internal Revenue

Service Center

11 12

Z Builders

123 Maple Avenue

Oaktown, VA 22000

703-123-4567

10-9999999 123-00-6789

Mr. X 

dba/Y Drywall

456 Flower Lane

Oaktown, VA 22000

5500.00

9595

Illustrated example. The completed Form 1099-MISC illustrates the following example. Z Builders is a contractor that

subcontracts drywall work to Mr. X, a sole proprietor who does business as Y Drywall. During the year, Z Builders pays Mr. X

$5,500. Z Builders must file Form 1099-MISC because they paid Mr. X $600 or more in the course of their trade or business,

and Mr. X is not a corporation.

2004

Exceptions. Do not report in box 7, nor elsewhere on Form report the total insurance company payments to an auto repair

1099-MISC, the cost of current life insurance protection, (report shop under a repair contract showing an amount for labor and

on Form W-2 or Form 1099-R); an employee’s wages, travel or another amount for parts, if furnishing parts was incidental to

auto allowance, or bonuses (report on Form W-2); or the cost of repairing the auto.

group-term life insurance paid on behalf of a former employee • Commissions paid to nonemployee salespersons that are

(report on Form W-2). subject to repayment but not repaid during the calendar year. 

• A fee paid to a nonemployee, including an independent Self-employment tax. Generally, amounts reportable in box contractor, or travel reimbursement for which the nonemployee 7 are subject to self-employment tax. However, corporations did not account to the payer, if the fee and reimbursement total are not subject to self-employment tax. If payments to at least $600. To help you determine whether someone is an individuals are not subject to this tax and are not reportable independent contractor or an employee, see Pub. 15-A. elsewhere on Form 1099-MISC, report the payments in box 3.

However, report section 530 (of the Revenue Act of 1978) • Payments to nonemployee entertainers for services. Use

worker payments in box 7. Form 1042-S, Foreign Person’s U.S. Source Income Subject to

Withholding, for payments to nonresident aliens. When to report. If the following four conditions are met, you • Exchanges of services between individuals in the course of

must generally report a payment as nonemployee their trades or businesses. For example, an attorney represents compensation: (1) you made the payment to someone who is a painter for nonpayment of business debts in exchange for the not your employee; (2) you made the payment for services in painting of the attorney’s law offices. The amount reportable by the course of your trade or business (including government each on Form 1099-MISC is the FMV of his or her own services agencies and nonprofit organizations); (3) you made the performed. However, if the attorney represents the painter in a payment to an individual, partnership, estate, or, in some cases, divorce proceeding, this is an activity that is unrelated to the a corporation; and (4) you made payments to the payee of at painter’s trade or business. The attorney must report on Form least $600 during the year. 1099-MISC the value of his or her services. But the painter

Examples. The following are some examples of payments need not report on Form 1099-MISC the value of painting the

to be reported in box 7: law offices because the work is in exchange for legal services

• Professional service fees, such as fees to attorneys that are separate from the painter’s business.

(including corporations), accountants, architects, contractors, • Taxable fringe benefits for nonemployees. For information on

subcontractors, etc. the valuation of fringe benefits, see Pub. 15-B, Employer’s Tax

• Fees paid by one professional to another, such as Guide to Fringe Benefits.

fee-splitting or referral fees. • Gross oil and gas payments for a working interest.

• Payments by attorneys to witnesses or experts in legal • Payments to an insurance salesperson who is not your

adjudication. common law or statutory employee. See Pub. 15-A for the

• Payment for services, including payment for parts or definition of employee. However, for termination payments to

materials used to perform the services if supplying the parts or former insurance salespeople, see 5. Termination payments

materials was incidental to providing the service. For example, on page MISC-4. 

MISC-5
• Directors’ fees as explained under Directors’ fees on page Box 9. Payer Made Direct Sales of $5,000 or MISC-3. More • Commissions paid to licensed lottery ticket sales agents as Enter an “X” in the checkbox for sales by you of $5,000 or more explained under Commissions paid to lottery ticket sales of consumer products to a person on a buy-sell, agents on page MISC-3. deposit-commission, or other commission basis for resale (by • Payments to section 530 (of the Revenue Act of 1978) the buyer or any other person) anywhere other than in a workers. See the TIP on page MISC-3. permanent retail establishment. Do not enter a dollar amount in • Fish purchases for cash. See Fish purchases on page this box. MISC-2. 

Golden parachute payments. A parachute payment is any If you are reporting an amount in box 7, you may also check

box 9 on the same Form 1099-MISC. payment that meets all of the following conditions.

1. The payment is in the nature of compensation. The report you must give to the recipient for these direct

2. The payment is to, or for the benefit of, a disqualified sales need not be made on the official form. It may be in the

individual. form of a letter showing this information along with

3. The payment is contingent on a change in the ownership commissions, prizes, awards, etc.

of a corporation, the effective control of a corporation, or the Box 10. Crop Insurance Proceeds ownership of a substantial portion of the assets of a corporation Enter crop insurance proceeds of $600 or more paid to (a change in ownership or control). farmers by insurance companies unless the farmer has 4. The payment has (together with other payments informed the insurance company that expenses have been described in 1, 2, and 3 above made to the same individual) an capitalized under section 278, 263A, or 447. aggregate present value of at least 3 times the individual’s base

amount. Boxes 11 and 12. Reserved

A disqualified individual is one who at any time during the Make no entries in these boxes.

12-month period prior to and ending on the date of the change Box 13. Excess Golden Parachute Payments in ownership or control of the corporation (the disqualified

individual determination period) was an employee or Enter any excess golden parachute payments. An excess

independent contractor and was in regard to that corporation, a parachute payment is the amount of the excess of any

shareholder, an officer, or a highly compensated individual. parachute payment over the base amount (the average annual

compensation for services includible in the individual’s gross For more details, see Regulations section 1.280G-1 effective income over the most recent 5 taxable years). See Q/A-38 for parachute payments made relative to a change in ownership through Q/A-44 of Regulations section 1.280G-1 for how to or control that occurred after December 31, 2003. Also, see

Rev. Proc. 2003-68, 2003-34 I.R.B. 398, concerning the compute the excess amount.

valuation of stock options for purposes of golden parachute See Golden parachute payments above for more

payment rules. information.

Independent contractor. Enter in box 7 the total Box 14. Gross Proceeds Paid to an Attorney compensation, including any golden parachute payment. For Report gross proceeds paid to an attorney in connection with excess golden parachute payments, see box 13 reporting legal services (regardless of whether the services are instructions. performed for the payer). See Payments to attorneys on page For employee reporting of these payments, see Pub. 15-A. MISC-2.

Box 8. Substitute Payments in Lieu of Dividends Box 15. Blank Box or Interest You may use box 15 to provide any other information to the Enter aggregate payments of at least $10 received by a broker recipient. for a customer in lieu of dividends or tax-exempt interest as a

result of a loan of a customer’s securities. For this purpose, a Boxes 16–18. State Information

customer includes an individual, trust, estate, partnership, These boxes, and Copies 1 and 2, are provided for your association, company, or corporation (see Notice 2003-67, convenience only and need not be completed for the IRS. Use 2003-40 I.R.B. 752). It does not include a tax-exempt the state information boxes to report payments for up to two organization, the United States, any state, the District of states. Keep the information for each state separated by the Columbia, a U.S. possession, or a foreign government. File dash line. If you withheld state income tax on this payment, you Form 1099-MISC with the IRS and furnish a copy to the may enter it in box 16. In box 17, enter the abbreviated name of customer for whom you received the payment. Also, file Form the state and the payer’s state identification number. The state 1099-MISC for and furnish a copy to an individual for whom you number is the payer’s identification number assigned by the received a payment in lieu of tax-exempt interest. individual state. In box 18, you may enter the amount of the

Substitute payment means a payment in lieu of (a) a state payment. Use Copy 1 to provide information to the state

dividend or (b) tax-exempt interest to the extent that interest tax department. Give Copy 2 to the recipient for use in filing the

(including OID) has accrued while the securities were on loan. recipient’s state income tax return.

MISC-6
Index

A Fishing boat proceeds ............ 4 P

Attorneys’ fees and gross Form W-9 ..................... 2 Parking, value of ................ 3

proceeds . . . . . . . . . . . . . . . . 2, 4, 6 Former insurance salesperson, Prizes and awards ............... 3

termination payments . . . . . . . . . 4, 5 Punitive damages ............... 3

B

Backup withholding . . . . . . . . . . . . 2, 4 G R

Broker transactions . . . . . . . . . . . . 1, 6 Golden parachute payments ........ 6 Rents . . . . . . . . . . . . . . . . . . . . . . 1, 3

Gross proceeds, attorneys . . . . . 2, 4, 6 Royalties . . . . . . . . . . . . . . . . . . . . 1, 3

C

Canceled debt .................. 1 H S

Coin-operated amusements ........ 3 Health care services, payments . . . . 1, 4 Scholarships ................... 1

Commissions . . . . . . . . . . . . . . . 3, 4, 5 Section 530 worker . . . . . . . . . . 3, 4, 6

Construction project, escrow agent . . . 3 I Self-employment tax ............. 4

Consumer products of $5,000, Independent contractor State and local sales taxes ......... 3

indicator for . . . . . . . . . . . . . . . . 1, 6 payments . . . . . . . . . . . . . . . . . . 2, 4 Statements to recipients ........... 3

Corporations, payments to . . . . . . . 2, 4 Indian gaming profits ............. 3 Substitute payments in lieu of Crop insurance proceeds . . . . . . . . 1, 6 Informants, fees ................. 1 dividends or tax-exempt

interest . . . . . . . . . . . . . . . . . . . 1, 6

D L

Damages ..................... 3 Lottery ticket agents, T

Deceased employee’s wages . . . . . 2, 4 commissions . . . . . . . . . . . . . . . 3, 6 Taxpayer identification number . . . . 2, 3

Difficulty-of-care payments ......... 1 Termination payments, insurance

Direct sales of consumer products M salespeople . . . . . . . . . . . . . . . . 4, 5

for resale . . . . . . . . . . . . . . . . . . 1, 6 Medical payments Trade or business ............... 1 ............... 1

Directors’ fees . . . . . . . . . . . . . . . . 3, 4 Medical services payments Transit passes .................. 3 ......... 4

Miscellaneous income ............ 1

E W

Excess golden parachute payments . . 6 Withholding: N

Exchange of services ............. 4 Backup . . . . . . . . . . . . . . . . . . . 2, 4 Nonemployee compensation ........ 4 Indian gaming . . . . . . . . . . . . . . 3, 4

F O ■

Fees . . . . . . . . . . . . . . . . . . . . 1, 3, 4, 6 Other income ................... 3 Fish purchases for cash . . . . . . . 2, 4, 6

MISC-7