US Internal Revenue Service: i1099gi--2001

8/14/2019 US Internal Revenue Service: i1099gi--2001

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Department of the TreasuryInternal Revenue Service2001

General Instructions for

Forms 1099, 1098, 5498,and W-2GSection references are to the Internal Revenue Code.

What's New for 2001?Forms 1098-E and 1098-T. Form 1098-E, Student LoanInterest Statement, and Form 1098-T, Tuition PaymentsStatement, were developed to reflect the optional specificinstructions for the reporting rules described in ProposedRegulations sections 1.6050S-1 and 1.6050S-2. Issuers mayuse these rules in preparing Forms 1098-E and 1098-T.However, issuers of Forms 1098-E and 1098-T are required tocomply with the specific instructions for 2001. See Notice

2000-62, 2000-51 I.R.B. 587.Two sets of specific instructions are provided for Forms1098-E and 1098-T. If you choose to comply with the specificreporting requirements of Proposed Regulations sections1.6050S-1 and 1.6050S-2, follow the directions under OptionalSpecific Instructions for Form 1098-E and Optional SpecificInstructions for Form 1098-T. Otherwise, follow the guidelinesunder Specific Instructions for Form 1098-E and SpecificInstructions for Form 1098-T.

Form 1098-E. Box 2 was added to report any loan originationfees and/or capitalized interest included in box 1. However,lenders are not required to report loan origination fees and/orcapitalized interest for loans made before January 1, 2002. SeeProposed Regulations section 1.6050S-2(e)(1).

Form 1098-T. Proposed Regulations section 1.6050S-1describes rules for reporting qualified tuition and related

expenses, reimbursements or refunds of qualified tuition andrelated expenses, and scholarships or grants. Therefore, box 1,Qualified tuition and related expenses; box 2,Reimbursements or refunds; and box 3, Scholarships orgrants were added. Boxes 3 and 4 were renumbered 4 and 5.However, eligible educational institutions are not required toreport in boxes 1 through 3 for 2001.Form 1099-DIV. For tax years beginning after 2000, section1(h)(2) reduces the 10% capital gains rate to 8% for qualified5-year gain. Box 2c, Qualified 5-year gain, was added to Form1099-DIV, Dividends and Distributions, to report qualified 5-yeargain that is included as a capital gain distribution in box 2a. Inaddition, boxes 2c and 2d were renumbered 2d and 2e.Form 1099-LTC. Box 4, Qualified contract, was added toForm 1099-LTC, Long-Term Care and Accelerated DeathBenefits, as an optional box to indicate whether benefits are paid

from a qualified long-term care insurance contract. Box 4 wasrenumbered as box 5.Form 1099-MISC, Miscellaneous Income, was reformatted totwo forms per page to provide larger boxes and additional boxesfor improved processing.

A new box was added to report excess golden parachutepayments. Previously, excess golden parachute payments werereported in box 13 using the letters EPP after the paymentamount.

A new box was added to report gross proceeds paid to anattorney. Previously, gross proceeds paid to an attorney werereported in box 13 using the letter A after the payment amount.

The state reporting boxes were modified to allow reporting fortwo states. Also, a new box was added for reporting stateincome.Forms 1099-MSA and 5498-MSA. Public Law 106-554,enacted on December 21, 2000, changed the name of medicalsavings accounts to Archer MSAs. 2001 Form 1099-MSA,Distributions From an MSA or Medicare+Choice MSA, 2001Form 5498-MSA, MSA or Medicare+Choice MSA Information,and 2001 Instructions for Forms 1099-MSA and 5498-MSAdo not reflect the change. These products were released for print

prior to enactment of the new law.Form 1099-R. The following changes were made to thedistribution codes reported in box 7 of Form 1099-R,Distributions From Pensions, Annuities, Retirement orProfit-Sharing Plans, IRAs, Insurance Contracts, etc. :q Code N, Recharacterized IRA contribution made for 2001,was added. Use Code N for an IRA contribution that was madefor 2001 and was recharacterized in 2001.q Code R, Recharacterized IRA contribution made for 2000,was changed. Use Code R for an IRA contribution that wasmade for 2000 and was recharacterized in 2001.q Code J, Early distribution from a Roth IRA, no knownexception, was changed. Use Code J for an early distributionfrom a Roth IRA when no known exception applies and therecipient is under age 591/2.q

Code T, Roth IRA distribution, exception applies, was addedfor reporting a distribution from a Roth IRA when the recipient iseither age 591/2 or over or an exception applies.Form 5498. Recharacterized contributions no longer will bereported in box 2, Rollover contributions, of Form 5498, IRAContribution Information. Instead, box 4, Recharacterizedcontributions, was added to report recharacterized IRAcontributions. The Rechar. checkbox was removed from box6. Boxes 4 through 10 were renumbered 5 through 11.Special rules for reporting payments made through foreignintermediaries and foreign flow-through entities on Form1099. See page GEN-12.

Items You Should Note

Photographs of Missing ChildrenThe Internal Revenue Service is a proud partner with theNational Center for Missing and Exploited Children. Photographsof missing children selected by the Center may appear ininstructions on pages that would otherwise be blank. You canhelp bring these children home by looking at the photographsand calling 1-800-THE-LOST (1-800-843-5678) if you recognizea child.

Available Products

To help make it easier for you to get only the information youneed to complete the Forms 1099, 1098, 5498, and W-2G youfile, we provide general and specific form instructions asseparate products. The products you should use for 2001 are

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these General Instructions for Forms 1099, 1098, 5498, andW-2G, which contains general information concerning Forms1099, 1098, 5498, and W-2G, and for instructions on completinga specific form, get the instructions you need from the followinglist of separate instructions:q Instructions for Forms W-2G and 5754q Instructions for Form 1098q Instructions for Forms 1098-E and 1098-Tq Instructions for Forms 1099-A and 1099-Cq Instructions for Form 1099-Bq Instructions for Form 1099-DIVq Instructions for Form 1099-Gq Instructions for Forms 1099-INT and 1099-OIDq Instructions for Form 1099-LTCq Instructions for Form 1099-MISCq Instructions for Forms 1099-MSA and 5498-MSAq Instructions for Form 1099-PATRq Instructions for Forms 1099-R and 5498q Instructions for Form 1099-S

If you prefer to have all the specific and general instructionsin one booklet, the 2001 Instructions for Forms 1099, 1098,5498, and W-2G is also available. See How To Get Forms andPublications below.

Reporting Backup Withholding on Forms 1099 andW-2GIf you backup withhold on a payment, you must file theappropriate Form 1099 or W-2G with the IRS and furnish astatement to the recipient to report the amount of the paymentand the amount withheld. This applies even though the amountof the payment may be below the normal threshold for filingForm 1099 or W-2G. See Backup Withholding on page GEN-3.

Form 945Withholding Tax Return

Report backup withholding, voluntary withholding on certaingovernment payments, and withholding from gambling winnings,pensions, annuities, IRAs, military retirement, and Indian gamingprofits on Form 945, Annual Return of Withheld Federal IncomeTax. Generally, file Form 945 for 2001 by January 31, 2002. Anyincome tax withheld reported on Form W-2, Wage and Tax

Statement, including withholding on distributions to planparticipants from nonqualified plans, must be reported on Form941, Employer's Quarterly Federal Tax Return. For moreinformation, including the deposit requirements for Form 945,see the separate Instructions for Form 945 and Circular E,Employer's Tax Guide (Pub. 15).

Use Form 1096 To Send Forms to the IRS

You must send Copies A of all paper Forms 1099, 1098, 5498,and W-2G to the IRS with Form 1096, Annual Summary andTransmittal of U.S. Information Returns. Instructions forcompleting Form 1096 are contained on Form 1096.

ReminderSubstitute Statements to Recipients

If you are not using the official IRS form (generally Copy B) tofurnish statements to recipients, be sure your substitute

statements comply with the rules in Pub. 1179, Rules andSpecifications for Private Printing of Substitute Forms 1096,1098, 1099, 5498, and W-2G. Pub. 1179, which is revisedannually, explains the requirements for format and content ofsubstitute statements to recipients. If you are using asubstitute form to furnish information to recipients, it mustcomply with the requirements in Pub. 1179.

CAUTION

!All substitute statements to recipients must contain the taxyear, form number, and form name prominently displayedtogether in one area of the statement. For example, they

could be shown in the upper right part of the statement.

Guide to Information Returns

See the chart on pages GEN-15 and GEN-16 for a briefsummary of information return reporting rules.

Need Help?Information reporting call site. The IRS operates a centralizedcall site to answer questions about reporting on informationreturnsForms 1096, 1098, 1099, 5498, W-2, W-2G, and W-3.If you have questions about reporting on any of these forms, youmay call 304-263-8700. The hours of operation are Mondaythrough Friday from 8:30 a.m. to 4:30 p.m. Eastern time.Help for people with disabilities. Telephone help is availableusing TTY/TDD equipment. If you have questions aboutreporting on information returnsForms 1096, 1098, 1099,5498, W-2, W-2G, and W-3, you may call 304-267-3367. Forother tax information, call 1-800-829-4059. These numbers areanswered by TTY/TDD equipment only.Internal Revenue Bulletin. The Internal Revenue Bulletin(IRB), published weekly, contains newly issued regulations,notices, announcements, legislation, court decisions, and otheritems of general interest. You may find this publication useful tokeep you up to date with current developments. The IRB is soldby the Superintendent of Documents, U.S. Government PrintingOffice, Washington, DC 20402, and is available on a

subscription basis. To order the IRB, you can write to theSuperintendent of Documents or call 202-512-1800 (voice) or202-512-1387 (modem). The IRB is also available on the IRSWeb Site at www.irs.gov.Unresolved tax issues. If you have attempted to deal with anIRS problem unsuccessfully, you should contact the TaxpayerAdvocate. The Taxpayer Advocate independently representsyour interests and concerns within the IRS by protecting yourrights and resolving problems that have not been fixed throughnormal channels.

While Taxpayer Advocates cannot change the tax law or makea technical decision, they can clear up problems that resultedfrom previous contacts and ensure that your case is given acomplete and impartial review.

Your assigned personal advocate will listen to your point ofview and will work with you to address your concerns. You can

expect the advocate to provide:q A fresh look at a new or on-going problem.q Timely acknowledgement.q The name and phone number of the individual assigned toyour case.q Updates on progress.q Timeframes for action.q Speedy resolution.q Courteous service.

When contacting the Taxpayer Advocate, you should providethe following information:q Your name, address, and employer identification number(EIN).q The name and telephone number of an authorized contactperson and the hours he or she can be reached.q The type of tax return and year(s).q A detailed description of the problem.q Previous attempts to solve the problem and the office that hadbeen contacted.q A description of the hardship you are facing (if applicable).

You may contact a Taxpayer Advocate by calling a toll-freenumber, 1-877-777-4778. Persons who have access toTTY/TDD equipment may call 1-800-829-4059 and ask forTaxpayer Advocate assistance. If you prefer, you may call,write, or fax the Taxpayer Advocate office in your area. See Pub.1546, The Taxpayer Advocate Service of the IRS, for a list ofaddresses and fax numbers.

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How To Get Forms and Publications

CAUTION

!Because the IRS processes paper forms by machine(optical character recognition equipment), you cannot filewith the IRS Form 1096 or Copy A of Forms 1098, 1099,

or 5498 that you print from the IRS Web Site or the CD-ROM.

Personal computer. You can access the IRS Web Site 24hours a day, 7 days a week, at www.irs.gov to:

q Download forms, instructions, and publications.q See answers to frequently asked tax questions.

q Search publications on-line by topic or keyword.q Send us comments or request help via e-mail.q Sign up to receive local and national tax news by e-mail.

You can also reach us using File Transfer Protocol atftp.irs.gov.CD-ROM. Order Pub. 1796, Federal Tax Products on CD-ROM,and get:q Current year forms, instructions, and publications.q Prior year forms, instructions, and publications.q Popular forms that may be filled in electronically, printed outfor submission, and saved for recordkeeping.q The Internal Revenue Bulletin.

Buy the CD-ROM on the Internet at www.irs.gov/cdordersfrom the National Technical Information Service (NTIS) for $21(no handling fee) or call 1-877-CDFORMS (1-877-233-6767) toll

free to buy the CD-ROM for $21 (plus a $5 handling fee).By phone and in person. You can order forms and publications24 hours a day, 7 days a week, by calling 1-800-TAX-FORM(1-800-829-3676). You can also get most forms and publicationsat your local IRS office.

Backup WithholdingInterest, dividends, rents, royalties, commissions, nonemployeecompensation, and certain other payments (including broker andbarter exchange transactions, reportable gross proceeds paid toattorneys, and certain payments made by fishing boat operators)may be subject to backup withholding at a 31% rate. To besubject to backup withholding, a payment must be a reportableinterest or dividend payment under section 6049(a), 6042(a), or

6044 (if the patronage dividend is paid in money or qualifiedcheck), or an other reportable payment under section 6041,6041A(a), 6045, 6050A, or 6050N. If the payment is one ofthese reportable payments, backup withholding will apply if:

1. The payee fails to furnish his or her taxpayer identificationnumber (TIN) to you,

2. For interest, dividend, and broker and barter exchangeaccounts opened or instruments acquired after 1983, the payeefails to certify, under penalties of perjury, that the TIN providedis correct,

3. The IRS notifies you to impose backup withholdingbecause the payee furnished an incorrect TIN (B notice),

4. For interest and dividend accounts or instruments, you arenotified that the payee is subject to backup withholding (undersection 3406(a)(1)(C), C notice), or

5. For interest and dividend accounts opened or instrumentsacquired after 1983, the payee fails to certify to you, underpenalties of perjury, that he or she is not subject to backupwithholding under 4 above.

Except as explained in 2 above, reportable other paymentsare subject to backup withholding only if 1 or 3 above applies.

Some payees are exempt from backup withholding. For a listof exempt payees and other information, see Form W-9,Request for Taxpayer Identification Number and Certification,and the separate Instructions for the Requester of FormW-9.

Backup withholding will not apply to the following:1. Real estate transactions reportable under section 6045(e),

2. Foreclosures and abandonments reportable under section6050J,

3. Canceled debts reportable under section 6050P,4. Distributions from medical savings accounts,5. Long-term care benefits,6. Distributions from any retirement account, including IRAs,7. Section 404(k) distributions from an employee stock

ownership plan (ESOP),8. Fish purchases for cash reportable under section 6050R,9. Unemployment compensation,

10. State or local income tax refunds, and11. Qualified state tuition program earnings.Generally, the period for which the 31% should be withheld is

as follows:1. Failure to furnish TIN in the manner required. Withholdon payments made until the TIN is furnished in the mannerrequired. Special backup withholding rules may apply if thepayee has applied for a TIN. The payee may certify to this onForm W-9 by noting Applied For in the TIN block and by signingthe form. This form then becomes an awaiting-TIN certificate,and the payee has 60 days to obtain a TIN and furnish it to you.If you do not receive a TIN from the payee within 60 days andyou have not already begun backup withholding, begin backupwithholding and continue until the TIN is provided.

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The 60-day exemption from backup withholding appliesonly to interest and dividend payments and certainpayments made with respect to readily tradable

instruments. Therefore, any other payment, such asnonemployee compensation, is subject to backup withholdingeven if the payee has applied for and is awaiting a TIN. Forinformation about whether backup withholding applies during the60-day period, see Regulations section 31.3406(g)-3.

2. Notice from the IRS that payee's TIN is incorrect (Bnotice). You may choose to withhold on any reportablepayment made to the account(s) subject to backup withholdingafter receipt of the B notice, but you must withhold on anyreportable payment made to the account more than 30 businessdays after you received the B notice. Stop withholding within30 days after you receive a certified Form W-9 (or acceptablesubstitute).

TIPThe IRS will furnish a notice to you, and you are requiredto promptly furnish a copy of such notice, or anacceptable substitute, to the payee. For further

information, see Regulations section 31.3406(d)-5 and Rev.Proc. 93-37, 1993-2 C.B. 477.

If you receive two incorrect TIN notices within 3 years for thesame account, follow the procedures in Regulations section31.3406(d)-5(g) and Rev. Proc. 93-37.3. Notice from the IRS that payee is subject to backupwithholding due to notified payee underreporting (Cnotice). You may choose to withhold on any reportablepayment made to the account(s) subject to backup withholdingafter receipt of the C notice, but you must withhold on anyreportable payment made to the account more than 30 businessdays after you receive the C notice. The IRS will notify you inwriting when to stop withholding, or the payee may furnish you

a written certification from the IRS stating when the withholdingshould stop. In most cases, the stop date will be January 1 of theyear following the year of the notice.

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You must notify the payee when withholding under thisprocedure starts. For further information, see Regulationssection 31.3406(c)-1(d).

4. Payee failure to certify that he or she is not subject tobackup withholding. Withhold on reportable interest anddividends until the certification has been received.

For exceptions to these general timing rules, see section3406(e).

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For information about backup withholding on gamblingwinnings, see the separateInstructions for Forms W-2Gand 5754.

Reporting backup withholding. Report backup withholding onForm 945. For more information, see the Instructions for Form945. Also, report backup withholding and the amount of thepayment on Form W-2G, 1099-B, DIV, G, INT, MISC, OID, orPATR even if the amount of the payment is less than the amountfor which an information return is normally required.Additional information. For more information about backup

withholding, see Pub. 1679, A Guide to Backup Withholding, andPub. 1281, Backup Withholding on Missing and IncorrectName/TINs.

PenaltiesThe following penalties generally apply to the person required tofile information returns. The penalties apply to paper filers aswell as to magnetic media/electronic filers.

Failure To File Correct Information Returns by the DueDate (Section 6721)

If you fail to file a correct information return by the due date andyou cannot show reasonable cause, you may be subject to apenalty. The penalty applies if you fail to file timely, you fail toinclude all information required to be shown on a return, or youinclude incorrect information on a return. The penalty alsoapplies if you file on paper when you were required to file onmagnetic media, you report an incorrect TIN or fail to report aTIN, or you fail to file paper forms that are machine readable.

The amount of the penalty is based on when you file thecorrect information return. The penalty is:q $15 per information return if you correctly file within 30 days(by March 30 if the due date is February 28); maximum penalty$75,000 per year ($25,000 for small businesses, defined below).q $30 per information return if you correctly file more than 30days after the due date but by August 1; maximum penalty$150,000 per year ($50,000 for small businesses).q $50 per information return if you file after August 1 or you donot file required information returns; maximum penalty $250,000per year ($100,000 for small businesses).

CAUTION

!If youdo notfile corrections and you do not meet any ofthe exceptions to the penalty described below, the penaltyis$50per information return.

Lower maximum penalties for small businesses. You are asmall business if your average annual gross receipts for the 3most recent tax years (or for the period you were in existence,if shorter) ending before the calendar year in which theinformation returns were due are $5 million or less.Exceptions to the penalty. The following are exceptions to thefailure to file penalty:

1. The penalty will not apply to any failure that you can showwas due to reasonable cause and not to willful neglect. Ingeneral, you must be able to show that your failure was due toan event beyond your control or due to significant mitigatingfactors. You must also be able to show that you acted in a

responsible manner and took steps to avoid the failure.2. An inconsequential error or omission is not considered a

failure to include correct information. An inconsequential erroror omission does not prevent or hinder the IRS from processingthe return, from correlating the information required to be shownon the return with the information shown on the payee's taxreturn, or from otherwise putting the return to its intended use.Errors and omissions that are never inconsequential are thoserelated to (a) a TIN, (b) a payee's surname, and (c) any moneyamount.

3.De minimis rule for corrections. Even though youcannot show reasonable cause, the penalty for failure to filecorrect information returns will not apply to a certain number ofreturns if you:

a. Filed those information returns,b. Either failed to include all the information required on a

return or included incorrect information, andc. Filed corrections by August 1.

If you meet all the conditions in a, b, and c above, the penaltyfor filing incorrect returns (but not for filing late) will not apply tothe greater of 10 information returns or 1/2 of 1% of the totalnumber of information returns you are required to file for thecalendar year.Intentional disregard of filing requirements. If any failure tofile a correct information return is due to intentional disregard ofthe filing or correct information requirements, the penalty is atleast $100 per information return with no maximum penalty.

Failure To Furnish Correct Payee Statements (Section6722)

If you fail to provide correct payee statements and you cannotshow reasonable cause, you may be subject to a penalty. Thepenalty applies if you fail to provide the statement by January31 (see part H on page GEN-9), you fail to include all informationrequired to be shown on the statement, or you include incorrectinformation on the statement. Payee statement has the samemeaning as statement to recipient as used in part H on pageGEN-9.

The penalty is $50 per statement, no matter when the correctstatement is furnished, with a maximum of $100,000 per year.The penalty is not reduced for furnishing a correct statement byAugust 1.Exception. An inconsequential error or omission is notconsidered a failure to include correct information. Aninconsequential error or omission cannot reasonably beexpected to prevent or hinder the payee from timely receivingcorrect information and reporting it on his or her income taxreturn or from otherwise putting the statement to its intendeduse. Errors and omissions that are never inconsequential arethose relating to (a) a dollar amount, (b) a significant item in apayee's address, (c) the appropriate form for the informationprovided (i.e., whether the form is an acceptable substitute forthe official IRS form), and (d) whether the statement wasfurnished in person or by statement mailing, when required.Intentional disregard of payee statement requirements. If

any failure to provide a correct payee statement is due tointentional disregard of the requirements to furnish a correctpayee statement, the penalty is at least $100 per payeestatement with no maximum penalty.

Forms 1099-MSA, 1099-R, 5498, and 5498-MSA

The penalties under sections 6721 and 6722 do not apply to:q Forms 1099-MSA and 5498-MSA, which are filed undersection 220(h).q Form 5498, which is filed under sections 408(i) and 530(h).q Form 1099-R for distributions from education IRAs (Ed IRAs),which is filed under section 530(h).

The penalty for failure to timely file Form 1099-MSA,5498-MSA, 5498, or 1099-R (for Ed IRAs only) is $50 per returnwith no maximum, unless the failure is due to reasonable cause.See section 6693.

Civil Damages for Fraudulent Filing of InformationReturns

If you willfully file a fraudulent information return for paymentsyou claim you made to another person, that person may be ableto sue you for damages. You may have to pay $5,000 or more.

Magnetic Media/Electronic ReportingMagnetic media reporting may be required for filing allinformation returns discussed in this publication. Acceptableforms of magnetic media are 1/2-inch magnetic tape; IBM 3480,

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3490, or AS400 compatible tape cartridges (including 8mm); and31/2-inch diskettes.

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If you are required to file on magnetic media, you maychoose to file electronically instead. You may choosemagnetic media or electronic filing even if you are not

required to file on magnetic media.

Pub. 1220, Specifications for Filing Forms 1098, 1099, 5498,and W-2G Magnetically or Electronically, is the revenueprocedure for magnetic media and electronic reporting. Differenttypes of payments, such as interest, dividends, and rents, may

be reported on the same tape or other submission.Electronic submissions are filed using the Filing Information

Returns Electronically System (FIRE System). The FIRE Systemoperates 24 hours a day, 7 days a week, and is accessed usingyour personal computer and modem. You may dial the FIRESystem at 304-262-2400. For more information, see Pub. 1220.Due dates. File Forms 1098, 1099, or W-2G on magnetic mediaby February 28, 2002. If you file electronically, you may file byApril 1, 2002. File Form 5498 or 5498-MSA by May 31, 2002.See part H on page GEN-9 about providing Forms 1098, 1099,5498, and W-2G or statements to recipients.Extension of time to file. For information about requesting anextension of time to file, see Extension on page GEN-7.

CAUTION

!If you file on magnetic media or electronically, do not filethe same returns on paper.

Who must file on magnetic media. If you are required to file250 or more information returns, you must file on magneticmedia. The 250-or-more requirement applies separately to eachtype of form. For example, if you must file 500 Forms 1098 and100 Forms 1099-A, you must file Forms 1098 on magneticmedia, but you are not required to file Forms 1099-A onmagnetic media.

The magnetic media filing requirement does not apply if youapply for and receive a hardship waiver. See How to requesta waiver from filing on magnetic media below.

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The IRS encourages you to file on magnetic media orelectronically even though you are filing fewer than 250returns.

Filing requirement applies separately to originals and

corrections. The magnetic media filing requirements applyseparately to original returns and corrected returns. Originalsand corrections are not aggregated to determine whether youare required to file on magnetic media. For example, if you file400 Forms 1098 on magnetic media and you are making 75corrections, your corrections can be filed on paper because thenumber of corrections for Form 1098 is less than the 250 filingrequirement. However, if you were filing 250 or more Form 1098corrections, they would have to be filed on magnetic media.How to get approval to file on magnetic media. File Form4419, Application for Filing Information ReturnsMagnetically/Electronically, at least 30 days before the due dateof the returns. File only one Form 4419 for all types of returnsthat will be filed on magnetic media. Once you have receivedapproval, you need not reapply each year. The IRS will providea written reply to the applicant and further instructions at the time

of approval, usually within 30 days. A magnetic media reportingpackage, which includes all the necessary transmittals andinstructions, will be mailed to all approved filers.How to request a waiver from filing on magnetic media. Toreceive a waiver from the required filing of information returnson magnetic media, submit Form 8508, Request for WaiverFrom Filing Information Returns on Magnetic Media, at least 45days before the due date of the returns. You cannot apply for awaiver for more than 1 tax year at a time. If you need a waiverfor more than 1 tax year, you must reapply at the appropriatetime each year.

If a waiver for original returns is approved, any corrections forthe same types of returns will be covered under the waiver.However, if you submit original returns on magnetic media but

you want to submit your corrections on paper, a waiver must beapproved for the corrections if you must file 250 or morecorrections.

If you receive an approved waiver, do not send a copy of it tothe service center where you file your paper returns. Keep thewaiver for your records only.

Single application. Submit both Forms 4419 and 8508 toapply for approval for filing returns on magnetic media, and if theapproval is not granted, to apply for a waiver from the magneticmedia requirement.

Penalty. If you are required to file on magnetic media but fail todo so, and you do not have an approved waiver, you may besubject to a penalty of $50 per return for failure to file onmagnetic media unless you establish reasonable cause.However, you can file up to 250 returns on paper; those returnswill not be subject to a penalty for failure to file on magneticmedia.

The penalty applies separately to original returns andcorrected returns. See Filing requirement applies separatelyto originals and corrections above.

Paper Document ReportingIf you are required to file 250 or more information returns, seeMagnetic Media/Electronic Reporting on page GEN-4.

Common errors. Be sure to check your returns to prevent thefollowing common errors:1. Duplicate filing. Do not send the same information to the

IRS more than once.2. Filer's name, address, and TIN are not the same on Form

1096 and the attached Forms 1099, 1098, 5498, or W-2G.3. Decimal point to show dollars and cents omitted. For

example, 1230.00 is correct, not 1230.4. Two or more types of returns submitted with one Form

1096 (e.g., Forms 1099-INT and 1099-MISC with one Form1096). You must submit a separate Form 1096 with each typeof return.Required format. Because paper forms are read by machine(optical character recognition equipment), all Forms 1096, andCopies A of Forms 1098, 1099, and 5498 must be prepared inaccordance with the following instructions. If these instructions

are not followed, you may be subject to a penalty of $50 for eachincorrectly filed document.

1.Do not cut or separate Copies A of the forms that areprinted two or three to a sheet (except Form W-2G). Forms1098, 1099, and 5498 are printed two or three to an 8 x 11 inchsheet. Form 1096 is printed one to an 8 x 11 inch sheet. Theseforms must be submitted to the IRS on the 8 x 11 inch sheet. Ifat least one form on the page is correctly completed, you mustsubmit the entire page. Forms W-2G may be separated andsubmitted as single forms. Send the forms to the IRS in a flatmailing (not folded).

2.No photocopies of any forms are acceptable. See HowTo Get Forms and Publications on page GEN-2.

3.Do not staple, tear, or tape any of these forms. It willinterfere with the IRS's ability to scan the documents.

4. Pinfeed holes on the form are not acceptable. Pinfeedstrips outside the 8 x 11 inch area must be removed beforesubmission, without tearing or ripping the form. Substitute formsprepared in continuous or strip form must be burst and strippedto conform to the size specified for a single sheet (8 x 11 inches)before they are filed with the IRS.

5.Do not change the title of any box on any form. Do notuse a form to report information that is not properly reportableon that form. If you are unsure of where to report the data, callthe information reporting call site at 304-263-8700.

6. Report information only in the appropriate boxes providedon the forms. Make only one entry in each box unless otherwiseindicated in the form's specific instructions.

7.Do not submit any copy other than Copy A to the IRS.

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8.Do not use prior year forms unless you are reporting prioryear information; do not use subsequent year forms for thecurrent year. Because forms are read by machine, you must usethe current year form to report current year information.

9. Use the official forms or substitute forms that meet thespecifications in the 2001 Pub. 1179. If you submit substituteforms that do not meet the current specifications and that arenot machine scannable, you may be subject to a penalty of $50for each return for improper format.

10.Do not use dollar signs ($) (they are preprinted on the

forms), ampersands (&), asterisks (*), commas (,), or otherspecial characters in money amount boxes.Suggested format. Below are suggestions that will allow theIRS to process the submitted forms in the most economicalmanner:

1. Although handwritten forms are acceptable, the IRSprefers that you type or machine print data entries using 10 pitch(pica) or 12 pitch (elite) black type. Use block print, not scriptcharacters. Insert data in the middle of the blocks well separatedfrom other printing and guidelines, and take other measures toguarantee a dark black, clear, sharp image.

2. Do not enter 0 (zero) or None in money amount boxeswhen no entry is required. Leave the boxes blank unless theinstructions specifically require that you enter a 0 (zero). Forexample, in some cases, you must enter 0 (zero) to makecorrections. See Corrected Returns on page GEN-10.

3. Do not enter number signs (#); for example, enter RT 2,not Rt. #2.

A. Who Must FileSee the separate specific instructions for each form.Nominee/middleman returns. Generally, if you receive a Form1099 for amounts that actually belong to another person, youare considered a nominee recipient. You must file a Form 1099(the same type of Form 1099 you received) for each of the otherowners showing the amounts allocable to each. You must alsofurnish a Form 1099 to each of the other owners. File the newForm 1099 with Form 1096 with the Internal Revenue ServiceCenter for your area. On each new Form 1099, list yourself asthe payer and the other owner as the recipient. On Form

1096, list yourself as the filer. A husband or wife is not requiredto file a nominee return to show amounts owned by the other.The nominee, not the original payer, is responsible for filing thesubsequent Forms 1099 to show the amount allocable to eachowner.Successor/predecessor reporting. A successor business (acorporation, partnership, or sole proprietorship) and apredecessor business (a corporation, partnership, or soleproprietorship) may agree that the successor will assume all orsome of the predecessor's information reporting responsibilities.This would permit the successor to file one Form 1099, 1098,5498, or W-2G for each recipient combining the predecessor'sand successor's reportable amounts, including any withholding.If they so agree and the successor satisfies the predecessor'sobligations and the requirements described below, thepredecessor does not have to file the specified information

returns for the acquisition year. If the successor andpredecessor do not agree, or if the requirements describedbelow are not met, the predecessor and the successor eachmust file Forms 1099, 1098, 5498, and W-2G for their ownreportable amounts as they usually would. For more informationand the rules that apply to filing combined Forms 1042-S, seeRev. Proc. 99-50, 1999-52 I.R.B. 757.

The combined reporting procedure is available when all thefollowing conditions are met:

1. The successor acquires from the predecessorsubstantially all the property (a) used in the trade or businessof the predecessor, including when one or more corporations areabsorbed by another corporation under a merger agreement, or

(b) used in a separate unit of a trade or business of thepredecessor.

2. The predecessor is required to report amounts, includingany withholding, on information returns for the year ofacquisition, for the period before the acquisition.

3. The predecessor is not required to report amounts,including withholding, on information returns for the year ofacquisition, for the period after the acquisition.

Combined reporting agreement. The predecessor and thesuccessor must agree on the specific forms to which the

combined reporting procedure applies and that the successorassumes the predecessor's entire information reportingobligations for these forms. The predecessor and successor mayagree to:

1. Use the combined reporting procedure for all Forms 1099,1098, 5498, and W-2G or

2. Limit the use of the combined reporting procedure to (a)specific forms or (b) specific reporting entities, including any unit,branch, or location within a particular business entity that files itsown separate information returns. For example, if thepredecessor's and successor's only compatible computer orrecordkeeping systems are their dividends paid ledgers, theymay agree to use the combined reporting procedure for Forms1099-DIV only. Similarly, if the only compatible systems are intheir Midwest branches, they may agree to use the combinedreporting procedure for only the Midwest branches.

Combined reporting procedure. On each Form 1099, 1098,5498, and W-2G filed by the successor, the successor mustcombine the predecessor's (before the acquisition) andsuccessor's reportable amounts, including any withholding, forthe acquisition year and report the aggregate. For transactionalreporting on Form 1099-B, Proceeds From Broker and BarterExchange Transactions, the successor must report each of thepredecessor's transactions and each of its own transactions oneach Form 1099-B. The successor may include with the formsent to the recipient additional information explaining thecombined reporting.

For purposes of the combined reporting procedure, thesharing of TINs and other information obtained under section3406 for information reporting and backup withholding purposesdoes not violate the confidentiality rules in section 3406(f).

Statement required. The successor must file a statement

with the IRS indicating the forms that are being filed on acombined basis under Rev. Proc. 99-50. The statement must:

1. Include the predecessor's and successor's names,addresses, telephone numbers, EINs, and the name andtelephone number of the person responsible for preparing thestatement.

2. Reflect separately the amount of Federal income taxwithheld by the predecessor and by the successor for each typeof form being filed on a combined basis (e.g., Form 1099-R or1099-MISC).

3. Be sent separately from Forms 1099, 1098, 5498, andW-2G by the forms' due date to: IRS-Martinsburg ComputingCenter, Attn: Chief, Information Returns Branch, Mail Stop 360,230 Murall Dr., Kearneysville, WV 25430. Do not send Form1042-S statements to this address. Instead, use the addressgiven in the Instructions for Form 1042-S. See Rev. Proc. 99-50.Qualified settlement funds. A qualified settlement fund mustfile information returns for distributions to claimants if anytransferor to the fund would have been required to file if thetransferor had made the distributions directly to the claimants.

For distributions to transferors, a fund is subject to theinformation reporting requirements of sections 6041 and 6041Aand may be required to file Form 1099-MISC. For paymentsmade by the fund on behalf of a claimant or transferor, the fundis subject to these same rules and may have to file Form1099-MISC for the payment to a third party. For informationreporting purposes, a payment made by the fund on behalf of aclaimant or transferor is considered a distribution to the claimant

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or transferor and is also subject to information reportingrequirements.

The same filing requirements, exceptions, and thresholdsapply to qualified settlement funds as apply to any other payer.That is, the fund must determine the character of the payment(e.g., interest, fixed and determinable income, or gross proceedsfrom broker transactions) and to whom the payment is made(e.g., corporation or individual).

For more information, see Regulations section 1.468B-2(l). Inaddition, see proposed rules issued under section 468B relating

to escrow and other similar funds (see 1999-1 C.B. 689).Payments to foreign persons. See the Instructions for Form1042-S, relating to U.S. source income of foreign persons, forreporting requirements relating to payments to foreign persons.

B. When To FileFile Forms 1098, 1099, or W-2G on paper or magnetic mediaby February 28, 2002 (April 1, 2002, if filing electronically). Alsofile Form 1096 with paper forms. Brokers may file Forms 1096and 1099-B anytime after the reporting period they elect to adopt(month, quarter, or year), but not later than the due date. FileForm 1096 with Forms 5498 and 5498-MSA by May 31, 2002.

You will meet the requirement to file if the form is properlyaddressed and mailed on or before the due date. If the regulardue date falls on a Saturday, Sunday, or legal holiday, file by thenext business day. A business day is any day that is not aSaturday, Sunday, or legal holiday. See part H on page GEN-9about providing Forms 1098, 1099, 5498, and W-2G orstatements to recipients.Private delivery services. You can use certain private deliveryservices designated by the IRS to meet the timely mailing astimely filing rule for information returns. The most recent list ofdesignated private delivery services was published in August1999 by the IRS. The list includes only the following:q Airborne Express (Airborne): Overnight Air Express Service,Next Afternoon Service, Second Day Service.q DHL Worldwide Express (DHL): DHL Same Day Service,DHL USA Overnight.q Federal Express (FedEx): FedEx Priority Overnight, FedExStandard Overnight, FedEx 2 Day.

q United Parcel Service (UPS): UPS Next Day Air, UPS NextDay Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M.The private delivery service can tell you how to get written

proof of the mailing date.

Reporting period. Forms 1098, 1099, and W-2G are used toreport amounts received, paid, credited, or canceled in the caseof Form 1099-C, during the calendar year. Forms 5498 and5498-MSA are used to report amounts contributed and the fairmarket value of an account for the calendar year.Extension. For paper or magnetic media/electronic filing, youmay request an extension of time to file by sending Form8809, Request for Extension of Time To File InformationReturns, to the address shown on the form. You must requestthe extension by the due date of the returns for your request tobe considered. If your request for an extension is approved, youwill have an additional 30 days to file. You may request anadditional extension. See Form 8809. For information onextensions for providing statements to recipients, see Extensionon page GEN-10.

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If you are requesting extensions of time to file formorethan 50payers, you must submit the extension requestsmagnetically or electronically. See Pub. 1220.

C. Where To FileSend all information returns filed on paper to the following:

If your legal residence or principal place of business, orprincipal office or agency is outside the United States, file withthe Internal Revenue Service Center, Cincinnati, OH 45999.

Send all information returns filed magnetically toIRS-Martinsburg Computing Center, Information ReportingProgram, 230 Murall Drive, Kearneysville, WV 25430.

D. Filing Returns With the IRSThe IRS strongly encourages the quality review of data beforefiling to prevent erroneous notices being mailed to payees (orothers for whom information is being reported).

If you must file any Form 1098, 1099, 5498, or W-2G with theIRS and you are filing paper forms, you must send a Form 1096with each type of form as the transmittal document. You mustgroup the forms by form number and submit each group with aseparate Form 1096. For example, if you file Forms 1098,1099-A, and 1099-MISC, complete one Form 1096 to transmit

Forms 1098, another for Forms 1099-A, and a third for Forms1099-MISC. Specific instructions for completing Form 1096 areincluded on the form. Also, see Transmitters, paying agents,etc. below. For information about filing corrected returns, seeCorrected Returns on page GEN-10.

If you are filing on magnetic media or electronically, Form4804, Transmittal of Information Returns ReportedMagnetically/Electronically, must accompany your submissions.

For information on the preparation of transmittal documentsfor magnetic media and paper document reporting (Forms 4804and 1096), see Rev. Proc. 84-24, 1984-1 C.B. 465.

Report payments on the appropriate form, as explained in theseparate specific instructions.

See Pub. 1179 for specifications for private printing ofsubstitute information returns. You may not request special

consideration. Only forms that conform with the official form andthe specifications in Pub. 1179 are acceptable.Transmitters, paying agents, etc. A transmitter, servicebureau, paying agent, or disbursing agent (hereafter referred toas agent) may sign Form 1096 or 4804 on behalf of any personrequired to file (hereafter referred to as payer) if the conditionsin 1 and 2 below are met:

1. The agent has the authority to sign the form under anagency agreement (oral, written, or implied) that is valid understate law and

2. The agent signs the form and adds the caption For:(Name of payer).

If your principal business, office or agency, orlegal residence in the case of an individual, is

located in

Use the followingInternal Revenue

Service Center address

Alabama, Arizona, Florida, Georgia, Louisiana,Mississippi, New Mexico, Texas

Austin, TX 73301

Arkansas, Connecticut, Kentucky, Maine, Massachusetts,New Hampshire, New York, Ohio, Rhode Island, Vermont,West Virginia

Cincinnati, OH 45999

Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,Missouri, Nebraska, North Dakota, Oklahoma, SouthDakota, Wisconsin

Kansas City, MO 64999

Delaware, District of Columbia, Maryland, New Jersey,North Carolina, Pennsylvania, South Carolina, Tennessee,Virginia

Memphis, TN 37501

Alaska, California, Colorado, Hawaii, Idaho, Montana,Nevada, Oregon, Utah, Washington, Wyoming

Ogden, UT 84201

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Signing of the form by an authorized agent on behalf of thepayer does not relieve the payer of the liability for penalties fornot filing a correct, complete, and timely Form 1096 or 4804 andaccompanying returns.

Forms 1098, 1099, 5498, W-2G, or acceptable substitutestatements to recipients issued by a service bureau or agentshould show the same payer's name as shown on theinformation returns filed with the IRS.

For information about the election to report and depositbackup withholding under the agent's TIN and how to prepare

forms if the election is made, see Rev. Proc. 84-33, 1984-1 C.B.502.Keeping copies. Generally, keep copies of information returnsyou filed with the IRS or have the ability to reconstruct the datafor at least 3 years, 4 years for Form 1099-C, from the due dateof the returns. Keep copies of information returns for 4 years ifbackup withholding was imposed.

E. Shipping and MailingSend the forms to the IRS in a flat mailing (not folded). If youare sending many forms, you may send them in convenientlysized packages. On each package, write your name and TIN,number the packages consecutively, and place Form 1096 inpackage number one. Postal regulations require forms andpackages to be sent by First-Class Mail.

F. Recipient Names and TaxpayerIdentification NumbersTaxpayer identification numbers (TINs) are used to associateand verify amounts you report to the IRS with correspondingamounts on tax returns. Therefore, it is important that you furnishcorrect names, social security numbers (SSNs), individualtaxpayer identification numbers (ITINs), or employeridentification numbers (EINs) for recipients on the forms sent tothe IRS.

You must use Form W-9 (or Form W-9S, if appropriate) torequest the recipient's TIN if the recipient is a U.S. person(including a U.S. resident alien) and the appropriate Form W-8if the recipient is a foreign person. You may be subject to a

penalty for an incorrect or missing TIN on an information return.See Penalties on page GEN-4. You are required to maintain theconfidentiality of information obtained on a Form W-9/W-9Srelating to the taxpayer's identity (including SSNs, EINs, andITINs), and you may use such information only to comply withthe tax laws.

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If the recipient does not provide a TIN, leave the box forthe recipient's TIN blank on the Form 1098, 1099, 5498,or W-2G. SeeBackup Withholdingon page GEN-3.

Only one recipient TIN can be entered on the form.The TIN for individual recipients of information returns is

the SSN. See the information about sole proprietors below. Forother recipients, including corporations, partnerships, andestates, the TIN is the EIN. For limited liability companies(LLCs), see LLCbelow.

SSNs have nine digits separated by two hyphens(000-00-0000), and EINs have nine digits separated by only onehyphen (00-0000000).

Show the full name and address in the section provided on theinformation return. If payments have been made to more thanone recipient or the account is in more than one name,show on the first name line the name of the recipient whoseTIN is first shown on the return. You may show the names of

any other individual recipients in the area below the first line, ifdesired. Form W-2G filers, see the separate Instructions forForms W-2G and 5754.

For sole proprietors, you must show the individual's nameon the first name line; on the second name line, you may enterthe business name. You may not enter only the business name.For the TIN, enter either the individual's SSN or the EIN of thebusiness (sole proprietorship). The IRS prefers that you enterthe SSN.

LLC. For a single-member LLC (including a foreign LLC with

a U.S. owner) that is disregarded as an entity separate from itsowner under Regulations section 301.7701-3, enter theindividual's name only on the first name line and the LLC'sname on the second name line. For the TIN, enter theindividual's SSN (or pre-LLC EIN, if desired). If the owner of adisregarded LLC is a corporation, partnership, etc., enter theowner's EIN.Electronic submission of Forms W-9. Requesters mayestablish a system for payees to submit Forms W-9electronically, including by fax. A requester is anyone requiredto file an information return. A payee is anyone required toprovide a TIN to the requester. Generally, the electronic systemmust

1. Ensure the information received is the information sentand document all occasions of user access that result in thesubmission.

2. Make reasonably certain the person accessing the systemand submitting the form is the person identified on Form W-9.3. Provide the same information as the paper Form W-9.4. Require as the final entry in the submission an electronic

signature by the payee whose name is on Form W-9 thatauthenticates and verifies the submission. The electronicsignature must be under penalties of perjury and the perjurystatement must contain the language of the paper Form W-9.

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For Forms W-9 that are not required to be signed, theelectronic system need not provide for an electronicsignature or a perjury statement.

5. Be able to supply a hard copy of the electronic Form W-9if the Internal Revenue Service requests it.

Additional requirements may apply. See Announcement98-27, 1998-1 C.B. 865.

Electronic submission of Forms W-9S. See the separateInstructions for Forms 1098-E and 1098-T.

G. Filer's Name, Identification Number, andAddressThe TIN for filers of information returns, including soleproprietors and nominees/middlemen, is the Federal EIN.However, sole proprietors and nominees/middlemen who are nototherwise required to have an EIN should use their SSNs. Asole proprietor is not required to have an EIN unless he or shehas a Keogh plan or must file excise or employment tax returns.See Pub. 583, Starting a Business and Keeping Records.

The filer's name and TIN should be consistent with the nameand TIN used on the filer's other tax returns. The name of the

filer's paying agent or service bureau must not be used in placeof the name of the filer.To obtain an EIN, file Form SS-4, Application for Employer

Identification Number, with the IRS. If you do not have your EINby the time you must file information returns, enter AppliedFor in any space where the number must be entered.

Enter your street address including the room, suite, or otherunit number on the forms.

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H. Statements to Recipients (Borrowers,Debtors, Insureds, Participants,Payers/Borrowers, Policyholders, Students,Transferors, or Winners on Certain Forms)If you are required to file Form 1099, 1098, 5498, or W-2G, youalso must furnish statements to recipients containing theinformation furnished to the IRS and, in some cases, additional

information. Be sure that the statements you provide torecipients are clear and legible.If you are not using the official IRS form to furnish statements

to recipients, see Pub. 1179 for specific rules about providingsubstitute statements to recipients. Generally, a substitute isany statement other than Copy B (and C in some cases) of theofficial form. You may develop them yourself or buy them froma private printer. However, the substitutes must comply with theformat and content requirements specified in Pub. 1179.Telephone number. You are required to include the telephonenumber of a person to contact on the following statements torecipients: W-2G, 1098, 1098-E, 1098-T, 1099-A, 1099-B,1099-DIV, 1099-G (excluding state and local income taxrefunds), 1099-INT, 1099-LTC, 1099-MISC (excluding fishingboat proceeds), 1099-OID, 1099-PATR, and 1099-S. You mayinclude the telephone number in any conspicuous place on the

statements. This number must provide direct access to anindividual who can answer questions about the statement.Although not required, if you report on other Forms 1099 and5498, you are encouraged to furnish telephone numbers.

Different rules apply to furnishing statements to recipientsdepending on the type of payment (or contribution) you arereporting and the form you are filing.

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If you are reporting a payment that includes noncashproperty, show the fair market value of the property at thetime of payment. Although, generally, you are not required

to report payments smaller than the minimum described for aform, you may prefer, for economy and your own convenience,to file Copies A for all payments. The IRS encourages this.

See the heading below for the type of payment you arereporting. The headings are (a) Interest, dividend, and royaltypayments; (b) Real estate transactions; and (c) Otherpayments.Interest, dividend, and royalty payments. For payments ofdividends under section 6042 (reported on Form 1099-DIV) orpatronage dividends under section 6044 (reported on Form1099-PATR), interest (including original issue discount) undersection 6049 (reported on Form 1099-INT or 1099-OID), orroyalties under section 6050N (reported on Form 1099-MISC or1099-S), you are required to furnish an official IRS Form 1099or an acceptable substitute Form 1099 to a recipient either inperson or in a statement mailing by First-Class Mail to therecipient's last known address. Statements may be sent byintraoffice mail if you use intraoffice mail to send accountinformation and other correspondence to the recipient.

Statement mailing requirements for Forms 1099-DIV,1099-INT, 1099-OID, and 1099-PATR, and forms reportingroyalties only. The following statement mailing requirementsapply only to Forms 1099-DIV (except for section 404(k)dividends), 1099-INT (except for interest reportable in the courseof your trade or business under section 6041), 1099-OID,1099-PATR, and timber royalties reported under section 6050N(on Form 1099-MISC or 1099-S). The mailing must contain theofficial IRS Form 1099 or an acceptable substitute and may alsocontain the following enclosures: (a) Forms W-2, W-8, W-9, orother Forms W-2G, 1098, 1099, and 5498 statements; (b) acheck from the account being reported; (c) a letter explainingwhy no check is enclosed; (d) a statement of the person'saccount shown on Form 1099; and (e) a letter explaining the taxconsequences of the information shown on the recipientstatement.

A statement of the person's account (year-end accountsummary) that you are permitted to enclose in a statementmailing may include information similar to the following: (a)tax-exempt interest (including accrued OID) and the part of suchinterest exempt from the alternative minimum tax or from stateor local income tax; (b) the part of a mutual fund distribution thatis interest on U.S. Treasury obligations; (c) accrued interestexpense on the purchase of a debt obligation; and (d) the costor other basis of securities and the gain/loss on the sale ofsecurities.

No additional enclosures, such as advertising, promotionalmaterial, or a quarterly or annual report, are permitted. Even asentence or two on the year-end statement describing newservices offered by the payer is not permitted. Logos arepermitted on the envelope and on any nontax enclosures.

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The IRS intends to amend the regulations to allow the useof certainlogosand identifying slogans on substitutestatements to recipients that are subject to the statement

mailing requirements. Until the new regulations are issued, theIRS will not assess penalties for the use of a logo (including thename of the payer in any typeface, font, or stylized fashionand/or a symbolic icon) or slogan on a statement to a recipientif the logo or slogan is used by the payer in the ordinary courseof its trade or business. In addition, use of the logo or sloganmust not make it less likely that a reasonable payee willrecognize the importance of the statement for tax reporting

purposes. See Notice 96-62, 1996-2 C.B. 228.A recipient statement may be perforated to a check or to a

statement of the recipient's specific account. The check oraccount statement to which the recipient statement is perforatedmust contain, in bold and conspicuous type, the legendImportant Tax Return Document Attached.

The legend Important Tax Return Document Enclosed mustappear in a bold and conspicuous manner on the outside of theenvelope and on each letter explaining why no check isenclosed, or on each check or account statement that is notperforated to the recipient statement. The legend is not requiredon any tax form, tax statement, or permitted letter of taxconsequences included in a statement mailing. Further, youneed not pluralize the word document in the legend simplybecause more than one recipient statement is enclosed.

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If you provide recipient statements in a separatemailing that contains only recipient statements, FormsW-8 and W-9, and a letter explaining the tax

consequences of the information shown on a recipient statementincluded in the envelope, you are not required to include thelegend Important Tax Return Document Enclosed on theenvelope.

Substitute forms. You may furnish to the recipient Copy Bof the official IRS form, or you may use substitute Forms1099-DIV, 1099-INT, 1099-OID, or 1099-PATR, if they containthe same language as the official IRS forms and they complywith the rules in Pub. 1179, relating to substitute Forms 1099.Applicable box titles and numbers must be clearly identified,using the same wording and numbering as the official IRS form.However, for Form 1099-INT, if your substitute does not containbox 3, Interest on U.S. Savings Bonds and Treas. obligations,you may omit not included in box 3 from the box 1 title. Forinformation on substitute Forms 1099-MISC and 1099-S, seeOther payments on page GEN-10.

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All substitute statements to recipients must contain the taxyear, form number, and form name prominently displayedtogether in one area of the statement. For example, they


If you are using substitutes, the IRS encourages you to useboxes so that the substitute has the appearance of a form. Thesubstitute form must contain the applicable instructions as on thefront and back of Copy B of the official IRS form. See Pub. 1179for additional requirements.

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Certain composite statements are permitted. See Pub. 1179.Real estate transactions. You must furnish a statement to thetransferor containing the same information reported to the IRSon Form 1099-S. You may use Copy B of the official IRS Form1099-S or a substitute form that complies with Pub. 1179 andRegulations section 1.6045-4(m). You may use a UniformSettlement Statement (under RESPA) as the written statementif it is conformed by including on the statement the legend shownon Form 1099-S and by designating which information isreported to the IRS on Form 1099-S. You may furnish the

statement to the transferor in person or by mail. Furnish thestatement at or after closing but by January 31 of the followingyear.

The statement mailing requirements explained on pageGEN-9 do not apply to statements to transferors for proceedsfrom real estate transactions reported on Form 1099-S.However, the statement mailing requirements do apply tostatements to transferors for timber royalties reportable undersection 6050N on Form 1099-S.Other payments. Statements to recipients for Forms 1098,1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-G, 1099-LTC,1099-MISC, 1099-MSA, 1099-R, 5498, 5498-MSA, W-2G,1099-DIV only for section 404(k) dividends reportable undersection 6047, 1099-INT only for interest reportable in the courseof your trade or business under section 6041, or 1099-S (forroyalties) need not be, but can be, a copy of the official paper

form filed with the IRS. If you do not use a copy of the paperform, the form number and title of your substitute must be thesame as the official IRS form. All information required to bereported must be numbered and titled on your substitute insubstantially the same manner as on the official IRS form.However, if you are reporting a payment as Other income inbox 3 of Form 1099-MISC, you may substitute appropriateexplanatory language for the box title. For example, forpayments of accrued wages to a beneficiary of a deceasedemployee required to be reported on Form 1099-MISC, youmight change the title of box 3 to Beneficiary payments orsomething similar.

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All substitute statements to recipients must contain the taxyear, form number, and form name prominently displayedtogether in one area of the statement. For example, they


Appropriate instructions to the recipient, similar to those on theofficial IRS form, must be provided to aid in the proper reportingof the items on the recipient's income tax return. For paymentsreported on Form 1099-B, rather than furnish appropriateinstructions with each Form 1099-B statement, you may furnishto the recipient one set of instructions for all statements requiredto be furnished to a recipient in a calendar year.

Except for royalties reported on Form 1099-MISC, thestatement mailing requirements explained earlier do not applyto statements to recipients for information reported on the formslisted above under Other payments. You may combine thestatements with other reports or financial or commercial notices,or expand them to include other information of interest to therecipient. Be sure that all copies of the forms are legible.

Certain composite statements are permitted. See Pub. 1179.When to furnish forms or statements. Generally, you mustfurnish Forms 1098, 1099, and W-2G information by January 31,2002. However, you may issue them earlier in some situations,as provided by the regulations. For example, you may furnishForm 1099-INT to the recipient on redemption of U.S. SavingsBonds at the time of redemption. Brokers and barter exchangesmay furnish Form 1099-B anytime but not later than January 31.

Trustees or issuers of IRAs or SEPs must furnish participantswith a statement of the value of the participant's account byJanuary 31, 2002. Education IRA contribution information mustalso be furnished to the participant by January 31, 2002.Traditional IRA, Roth IRA, SEP, or SIMPLE contributioninformation must be furnished to the participant by May 31,2002.

Trustees of a SIMPLE must furnish a statement of the accountbalance and the account activity by January 31, 2002.

For real estate transactions, you may furnish the statement tothe transferor at closing or by mail on or before January 31,2002.

Filers of Form 1099-G who report state or local income taxrefunds, credits, or offsets must furnish the statements torecipients during January 2002.

You will meet the requirement to furnish the statement if it isproperly addressed and mailed on or before the due date. If the

regular due date falls on a Saturday, Sunday, or legal holiday,the due date is the next business day. A business day is anyday that is not a Saturday, Sunday, or legal holiday.

See the Guide to Information Returns on pages GEN-15and GEN-16 for the date other information returns are due to therecipient.

Extension. You may request an extension of time to providethe statements to recipients by sending a letter toIRS-Martinsburg Computing Center, Information ReportingProgram, Attn: Extension of Time Coordinator, 240 Murall Drive,Kearneysville, WV 25430. The letter must include (a) yourname, (b) your TIN, (c) your address, (d) type of return, (e) astatement that your extension request is for providing statementsto recipients, (f) reason for delay, and (g) the signature of thepayer or authorized agent. Your request must be postmarkedby the date on which the statements are due to the recipients.

If your request for an extension is approved, generally you willbe granted a maximum of 30 extra days to furnish the recipientstatements.

I. Corrected ReturnsIf you filed a return with the IRS and later discover you madean error on it, you must correct it as soon as possible. For somecorrections, you must file two returns (Form 1099, 1098, 5498,or W-2G) with Form 1096 and for some only one return withForm 1096.

In addition, you must provide statements to recipients showingthe corrections as soon as possible.

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If you fail to file correct information returns or furnish acorrect payee statement, you may be subject to a penalty.

SeePenaltieson page GEN-4.To determine whether you are required to submit corrections

on magnetic media, see Magnetic Media/Electronic Reportingon page GEN-4 and Pub. 1220.

When making a correction, be sure you complete allappropriate information on the returns. Then file Copy A of theform and Form 1096 with your Internal Revenue Service Center.Do not cut or separate the forms that are two or three to a page.Submit the entire page even if only one of the forms on the pageis completed. Do not staple the forms to Form 1096. You mustuse a separate Form 1096 for each type of return you arecorrecting, but you may use one Form 1096 for both originalsand corrections of the same type of return.

On all Forms 1098, 1099, and 5498, a box is provided for theaccount number. (See Account Number Box on Forms onpage GEN-14.) If the account number was provided on the

original return, the same account number must appear on boththe original and corrected return to properly identify and processthe correction. If you did not provide the account number on theoriginal return, do not include it on the corrected return.CORRECTED box. Each Form 1099, 1098, 5498, and W-2Gcontains a CORRECTED box at the top of the form. Enter anX in the CORRECTED box on Copy A only when you arecorrecting a form you previously submitted to the IRS. Enter anX in the CORRECTED box on the copies you give to therecipient (Copy B and, in some cases, Copy C) only when youare correcting a form previously furnished to the recipient. On arecipient's statement, you may enter a date next to theCORRECTED box. When the type of error requires two returnsto make the correction, you will mark the CORRECTED box

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Step-by-Step Chart for Filing Corrected Returns on Paper Forms

Error (onOriginal Return)

How To File the CorrectedReturn on Paper Forms

1. No payee TIN (SSN,EIN, or ITIN) orincorrect payee TIN, orincorrect name andaddress. This will

require two separatereturns to make thecorrection properly.Read and follow allinstructions for bothSteps 1 and 2.

Step 1: Identify incorrectreturn submitted.

Form 1098, 1099, 5498,or W-2G:

1. Prepare a newinformation return.

2. Enter an X in theCORRECTED box atthe top of the form.

3. Enter the payer,recipient, and accountnumber informationexactly as it appearedon the original incorrectreturn; however, enter 0(zero) for all moneyamounts.

Error (onOriginal Return)

How To File the CorrectedReturn on Paper Forms

Step 2: Report correct

information.A. Form 1098, 1099, 5498,

or W-2G:


2. Do not enter an X inthe CORRECTED boxat the top of the form.Prepare the new returnas though it is anoriginal.

3. Include all the correctinformation on the formincluding the correctTIN and name andaddress.

B. Form 1096:

1. Prepare a newtransmittal Form 1096.

2. Enter the words FiledTo Correct TIN, Name,and/or Address in thebottom margin of theform.

3. Provide all requestedinformation on the formas it applies to thereturns prepared inSteps 1 and 2.

4. File Form 1096 andCopy A of the returnwith the appropriateservice center.

5. Do not include a copyof the original returnthat was filedincorrectly.

2. Incorrect moneyamount(s), incorrectaddress, or a returnwas filed when oneshould not have been

filed. This error requiresonly one return to makethe correction. (Followthe instructions underError 1, instead of theseinstructions, if you mustcorrect an address anda name or TIN.)

A. Form 1098, 1099, 5498,or W-2G:


2. Enter an X in theCORRECTED box atthe top of the form.

3. Enter the payer,recipient, and accountnumber informationexactly as it appearedon the original incorrectreturn; however, enterall correct moneyamounts in the correctboxes as they shouldhave appeared on theoriginal return, andenter the recipients

correct address.B. Form 1096:

1. Follow the instructionsunder Error 1, Step 2-B,but ignore item B-2.

2. File Form 1096 andCopy A of the returnwith the appropriateservice center.

3. Do not include a copyof the original returnthat was filedincorrectly.

3. Original return filed

using wrong type ofreturn. For example, aForm 1099-DIV wasfiled when a Form1099-INT should havebeen filed. This willrequire two separatereturns to make thecorrection properly.Read and follow allinstructions for bothSteps 1 and 2.

Step 1: Identify incorrect return

submitted.Form 1098, 1099, 5498, orW-2G:

Follow the instructionsunder Error 1, Step 1,using the same type ofreturn that was usedinitially.

Step 2: Report correctinformation on the correct typeof return.

A. Form 1098, 1099, 5498,or W-2G:

Follow the instructionsunder Error 1, Step 2-A,using the proper type ofform.

B. Form 1096:

Follow the instructionsunder Error 1, Step 2-B,except enter Filed ToCorrect DocumentType in the bottommargin of Form 1096.

You do not have tofile a corrected returnfor an incorrect payerTIN or incorrect payername and address.

Also follow theinstructions for Error 2 ifincorrect data (i.e.,code, checkbox, etc.)was entered in a box.

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only on one of the returns. Refer to the Step-by-Step Chart forFiling Corrected Returns on Paper Forms on page GEN-11to determine when you should mark the CORRECTED box.

Chart. The chart on page GEN-11 gives step-by-stepinstructions for filing corrected returns for three of the mostfrequently made errors. Correction of errors may require thesubmission of more than one return. Be sure to read eachsection thoroughly.

TIP

Regulations section 301.6724-1 (relating to informationreturn penalties) does not require you to file corrected

returns for missing or incorrect TINs if you meet thereasonable cause criteria. You are merely required to include thecorrect TIN on the next original return you are required to file.However, if you do not meet the reasonable cause criteria, youshould file corrected returns by August 1 to be subject to areduced penalty.

In addition, even if you meet the reasonable cause criteria, theIRS encourages you to file corrections for incorrect or missingTINs so that the IRS can update the payees' records.

J. Void ReturnsAn X in the VOID box at the top of the form will not correcta previously filed return. See Corrected Returns on pageGEN-10 for instructions for making corrections.

VOID box. If a completed or partially completed Form 1098,1099, or 5498 is incorrect and you want to void it beforesubmission to the IRS, enter an X in the VOID box at the topof the form. For example, if you make an error while typing orprinting a form, you should void it. The return will then bedisregarded during processing by the IRS. Go to the next formon the page, or to another page, and enter the correctinformation; but do not mark the CORRECTED box. Do notcut or separate the forms that are two or three to a page. Submitthe entire page even if only one of the forms on the page is agood return.

K. Other Information ReturnsThe income information you report on the following forms mustnot be repeated on Forms 1099 or W-2G:

1. Form W-2 reporting wages and other employeecompensation.

2. Forms 1042-S and 1000 reporting income.3. Form 2439 reporting undistributed long-term capital gains

of a regulated investment company or real estate investmenttrust.

4. Schedule K-1 of Form 1065 or 1065-B reportingdistributive shares to members of a partnership.

5. Schedule K-1 of Form 1041 reporting distributions tobeneficiaries of trusts or estates.

6. Schedule K-1 of Form 1120S reporting distributive sharesto shareholders of S corporations.

7. Schedule K of Form 1120-IC-DISC reporting actual andconstructive distributions to shareholders and deferred DISCincome.

8. Schedule Q of Form 1066 reporting income from a REMICto a residual interest holder.

L. Payments to Corporations andPartnershipsGenerally, payments to corporations are not reportable.However, you must report payments to corporations for thefollowing:

1. Medical and health care payments (Form 1099-MISC),2. Withheld Federal income tax or foreign tax,3. Barter exchange transactions (Form 1099-B),

4. Substitute payments in lieu of dividends and tax-exemptinterest (Form 1099-MISC),

5. Interest or original issue discount paid or accrued to aregular interest holder of a REMIC (Form 1099-INT or1099-OID),

6. Acquisitions or abandonments of secured property (Form1099-A),

7. Cancellation of debt (Form 1099-C),8. Payments of attorneys' fees and gross proceeds paid to

attorneys (Form 1099-MISC),

9. Federal executive agency payments for services (Form1099-MISC), and

10. Fish purchases for cash (Form 1099-MISC).Reporting generally is required for all payments to

partnerships. For example, payments of $600 or more madein the course of your trade or business to an architectural firmthat is a partnership are reportable on Form 1099-MISC.However, see Regulations section 1.6049-4(c)(1)(A).

M. Earnings on any IRA or Medical SavingsAccount (MSA)Generally, income earned in any IRA or MSA, such as interestor dividends, is not reported on Forms 1099. However,distributions must be reported on Form 1099-R or 1099-MSA.

N. Certain Grantor TrustsCertain grantor trusts may choose to file Forms 1099 rather thana separate statement attached to Form 1041, U.S. Income TaxReturn for Estates and Trusts. If you have filed Form 1041 fora grantor trust in the past and you want to choose the Form 1099filing method for 2001, you must have filed a final Form 1041 for2000. See Regulations section 1.671-4 and the Instructions forForm 1041 and Schedules A, B, D, G, I, J, and K-1 .

O. Special Rules for Reporting PaymentsMade Through Foreign Intermediaries andForeign Flow-Through Entities on Form 1099If you are the payer and have received a Form W-8IMY,Certificate of Foreign Intermediary, Foreign Flow-Through Entity,or Certain U.S. Branches for United States Tax Withholding,from a foreign intermediary or flow-through entity, follow theinstructions below for completing Form 1099. Definitions of theterms used in these instructions are on page GEN-13.

Presumption Rules

TIP

For additional information including details on thepresumption rules, see theInstructions for theRequester of Forms W-8BEN, W-8ECI, W-8EXP, and

W-8IMYandPub. 515, Withholding of Tax on NonresidentAliens and Foreign Corporations. SeeHow To Get Forms andPublications on page GEN-2.

If you are the payer and do not have a Form W-9, appropriateForm W-8, or other valid documentation, or you cannot allocatea payment to a specific payee, prior to payment, you arerequired to use certain presumption rules to determine thefollowing:q The status of the payee as a U.S. or foreign person andq The classification of the payee as an individual, trust, estate,corporation, or partnership.See Regulations section 1.1441-1(b)(3), 1.1441-5(d) and (e),1.6045-1(g)(3)(ii), and 1.6049-5(d).

Under these presumption rules, if you must presume that thepayee is a U.S. non-exempt recipient subject to backupwithholding, you must report the payment on a Form 1099.However, if before filing Form 1099 with the IRS the recipient is

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documented as foreign, then report the payment on a Form1042-S.

On the other hand, if you must presume that the payee is aforeign recipient and prior to filing Form 1042-S with the IRS youdiscover that the payee is a U.S. nonexempt recipient based ondocumentation, then report all payments made to that payeeduring the calendar year on a Form 1099.

If you use the 90-day grace period rule to presume a payeeis foreign, you must file a Form 1042-S to report all paymentssubject to withholding during the grace period. If you later

discover that the payee is a U.S. nonexempt recipient subject tobackup withholding, you must file a Form 1099 for all paymentsmade to that payee after the discovery of the payee's U.S.status.

Rules for Payments Made to U.S. NonexemptRecipients Through a QI, NQI, or FTE

If you are the payer making a payment through a QI, NQI, orFTE for a U.S. nonexempt recipient on whose behalf the QI,NQI, or FTE is acting, use the following rules to complete Form1099.Known recipient. If you know that a payee is a U.S. nonexemptrecipient and have the payee's name, address, and TIN (if a TINhas been provided), you must complete the Form 1099 with thatinformation. Also, on the second name line below the recipient'sname enter IMY followed by the name of the QI, NQI, or FTE.

For payments made to multiple recipients: (1) enter the nameof the recipient whose status you relied on to determine theapplicable rate of withholding and (2) on the second name line,enter IMY followed by the name of the QI, NQI, or FTE.However, if the QI has assumed primary Form 1099 reportingor backup withholding responsibility, you are not required toissue the Form 1099 or to backup withhold. See Qualifiedintermediarybelow.Unknown recipient. If you cannot reliably associate a paymentwith valid documentation and are required to presume a payeeis U.S. nonexempt recipient:

1. File a Form 1099 and enter unknown recipient on the firstname line.

2. On the second name line, enter IMY followed by thename of the QI, NQI, or FTE.

3. Enter the EIN of the QI, NQI, or FTE, if applicable, in therecipient's identification number box.

4. Furnish a copy of the Form 1099 with unknownrecipient to the QI, NQI, or FTE who is acting on the recipient'sbehalf.

CAUTION

!A payer that is required to report payments made to aU.S. nonexempt recipient account holder but does notreceive the necessary allocation information cannot report

those payments on a pro-rata basis. Report unallocatedpayments using the presumption rules on this page.

Rules for Non-U.S. Payers

Non-U.S. payers (foreign persons that are not U.S. payers)generally have the same reporting obligations as U.S payers.A U.S payer is anyone who is:q A U.S. person,q Any U.S. governmental agency,q A controlled foreign corporation (CFC),q A foreign partnership that has one or more of U.S. partnerswho, in the aggregate hold more than 50 percent or more of thegross income derived from the conduct of a U.S. trade orbusiness,q A foreign person who owns 50 percent or more of the grossincome that is effectively connected with a U.S. trade orbusiness, orq A U.S. branch of a foreign bank or a foreign insurancecompany.

For more information see Regulations section 1.6049-5(c)(5).Exceptions. The following payments are not subject toreporting by a non-U.S. payer:

1. A foreign source reportable payment paid outside the U.S.For example, see Regulations section 1.6049-5(b)(6).

2. Gross proceeds from a sale effected outside the U.S. SeeRegulations section 1.6045-1(a).

3. An NQI or QI that provides another payer all theinformation sufficient for that payer to complete Form 1099reporting. For example, see Regulations section

1.6049-5(b)(14). However if an NQI or QI does not providesufficient information for another payer to report a payment onForm 1099, the intermediary must report the payment.

Rules for Reporting Payments Initially Reported onForm 1042-S

If an NQI or QI receives a Form 1042-S made out to anunknown recipient and, the NQI or QI has actual knowledgethat the payee of the income is a U.S. nonexempt recipient, itmust file a Form 1099 even if the payment has been subject towithholding by another payer. The NQI or QI reports the amountwithheld by the other payer on Form 1099 as Federal income taxwithheld.

If another payer withheld an amount under section 1441 or1442, a QI or NQI is not required to withhold the additional 1%when 30% has been withheld. See Regulations section

31.3406(g)-1(e).

Definitions

Foreign intermediary. A foreign intermediary is any personwho is not a U.S. person and acts as a custodian, broker,nominee, or otherwise as an agent for another person,regardless of whether that other person is the beneficial owner,a flow-through entity, or another intermediary of the amount paid.The intermediary can be a :q Qualified intermediary orq Nonqualified intermediary.

Qualified intermediary (QI). A qualified intermediary is aperson that is a party to a withholding agreement with the IRSand is:q A foreign financial institution or a foreign clearing organization

(other than a U.S. branch or U.S. office of the institution ororganization),q A foreign branch or office of a U.S. financial institution or aforeign branch or office of a U.S. clearing organization,q A foreign corporation for purposes of presenting claims ofbenefits under an income tax treaty on behalf of its shareholders,orq Any other person the IRS accepts as a qualified intermediaryand who enters into a withholding agreement with the IRS.

See Rev. Proc. 2000-12, 2000-4 I.R.B. 387, for procedures toapply to be a qualified intermediary.

Nonqualified intermediary (NQI). A nonqualifiedintermediary is any intermediary that is a not a U.S. person andthat is not a qualified intermediary.Foreign flow-through entity (FTE). A flow-through entity is aforeign partnership (other than a withholding foreignpartnership), a foreign simple trust or foreign grantor trust (otherthan a withholding foreign trust), or, for payments for which areduced rate of withholding is claimed under an income taxtreaty, any entity to the extent the entity is considered to befiscally transparent with respect to the payment by an interestholder's jurisdiction. However, a foreign partnership, foreignsimple trust, or foreign grantor trust that is claiming a reducedrate of withholding on an item of income on the basis that it isnot fiscally transparent and that it meets all other requirementsunder the treaty, is not considered a flow-through entity for thatitem of income. In this case, treat the partnership or trust as thepayee.

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Withholding foreign partnership or withholding foreigntrust. A withholding foreign partnership or withholding foreigntrust is a foreign partnership or a foreign simple or grantor trustthat has entered into a withholding agreement with the IRS inwhich it agrees to assume primary withholding responsibility forall payments that are made to it for its partners, beneficiaries,or owners.

Nonwithholding foreign partnership, simple trust, orgrantor trust. A nonwithholding foreign partnership is anyforeign partnership other than a withholding foreign partnership.

A nonwithholding foreign simple trust is any foreign simple trustthat is not a withholding foreign trust. A nonwithholding foreigngrantor trust is any foreign grantor trust that is not a withholdingforeign trust.

Fiscally transparent entity. An entity is treated as fiscallytransparent with respect to an item of income to the extent thatthe interest holders in the entity must, on a current basis, takeinto account separately their shares of an item of income paidto the entity, whether or not distributed, and must determine thecharacter of the items of income as if they were realized directlyfrom the sources from which realized by the entity.

P. Account Number Box on FormsYou may use the account number box on all Forms 1099, 1098,5498, and W-2G for an account number designation. The

account number may be a checking account number, savingsaccount number, serial number, or any other number you assignto