Page 9 of 18 Gen. Instr. for Certain Info. Returns (2011) 16:04 - 31-JAN-2011
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
recipient statement. The legend is not required on any tax form, tax sure that all copies of the forms are legible. See Pub. 1179 for
statement, or permitted letter of tax consequences included in a certain “composite” statements that are permitted.
statement mailing. Further, you need not pluralize the word
When to furnish forms or statements. Generally, you must
“document” in the legend simply because more than one recipient
furnish Forms 1098, 1099, 3921, 3922, and W-2G information by
statement is enclosed.
January 31, 2012. Forms 1099-B, 1099-S, and 1099-MISC (only if
you are reporting payments in boxes 8 or 14) must be furnished by
If you provide Forms 1097, 1098, 1099, 3921, 3922, 5498,
February 15, 2012. This also applies to statements furnished as
or W-2G recipient statements in a “separate mailing” that
part of a consolidated reporting statement. See T.D. 9504, 2010-47
contains only these statements, Forms W-8 and W-9, and a
I.R.B. 670, available at www.irs.gov/irb/2010-47_IRB/ar08.html.
letter explaining the tax consequences of the information shown on
However, you may issue them earlier in some situations, as
a recipient statement included in the envelope, you are not required
provided by the regulations. For example, you may furnish Form
to include the legend “Important Tax Return Document Enclosed”
1099-INT to the recipient on redemption of U.S. Savings Bonds at
on the envelope.
the time of redemption. Brokers and barter exchanges may furnish
Substitute forms. You may furnish to the recipient Copy B of
Form 1099-B anytime but not later than February 15, 2012.
the official IRS form, or you may use substitute Forms 1099-DIV,
Furnish Form 1097-BTC to the recipient on or before the 15th
1099-INT, 1099-OID, or 1099-PATR, if they contain the same
day of the second calendar month after the close of the calendar
language as the official IRS forms and they comply with the rules in
quarter. This applies to a tax credit bond held on a credit allowance
Pub. 1179, relating to substitute Forms 1099. Applicable box titles
date, including the date the bond was redeemed or matured. For
and numbers must be clearly identified, using the same wording
example, first calendar quarter Form 1097-BTC is required to be
and numbering as the official IRS form. For information on
furnished by May 15; second calendar quarter Form 1097-BTC is
substitute Forms 1099-MISC, see Other information below. For
required to be furnished by August 15; third calendar quarter Form
Forms 1099-S, see Real estate transactions below.
1097-BTC is required to be furnished by November 15; and fourth
All substitute statements to recipients must contain the tax
calendar quarter Form 1097-BTC is required to be furnished by
year, form number, and form name prominently displayed
February 15 of the following year. For more information, see the
together in one area of the statement. For example, they
Instructions for Form 1097-BTC.
could be shown in the upper right part of the statement.
Donee organizations required to issue Form 1098-C must
If you are using substitutes, the IRS encourages you to use
furnish the acknowledgment to a donor within 30 days of the sale of
boxes so that the substitute has the appearance of a form. The
the vehicle (if it is sold without material improvements or significant
substitute form must contain the applicable instructions as on the
intervening use) or within 30 days of the contribution.
front and back of Copy B (in the case of Form 1099-R, Copies B, C,
Trustees or issuers of traditional IRAs must furnish participants
and 2) of the official IRS form. See Pub. 1179 for additional
with a statement of the value of the participant’s account, and RMD
requirements and certain “composite” statements that are
if applicable, by January 31, 2012. The fair market value of SEP
permitted.
IRAs must also be furnished to the participant by January 31, 2012.
Real estate transactions. You must furnish a statement to the
Traditional IRA, Roth IRA, SEP, or SIMPLE contribution information
transferor containing the same information reported to the IRS on
must be furnished to the participant by May 31, 2012. However,
Form 1099-S. You may use Copy B of the official IRS Form 1099-S
Coverdell ESA contribution information must be furnished to the
or a substitute form that complies with Pub. 1179 and Regulations
beneficiary by April 30, 2012.
section 1.6045-4(m). You may use a Settlement Statement (under
Trustees of a SIMPLE must furnish a statement of the account
the Real Estate Settlement Procedures Act (RESPA)) as the written
balance and the account activity by January 31, 2012.
statement if it is conformed by including on the statement the
legend shown on Form 1099-S and by designating which Trustees and middlemen of a WHFIT must furnish the required
information is reported to the IRS on Form 1099-S. You may furnish statement by March 15, 2012.
the statement to the transferor in person, by mail, or electronically.
For real estate transactions, you may furnish the statement to
Furnish the statement at or after closing but by February 15 of the
the transferor at closing or by mail on or before February 15, 2012.
following year.
Filers of Form 1099-G who report state or local income tax
The statement mailing requirements explained on page 8 do not
refunds, credits, or offsets must furnish the statements to recipients
apply to statements to transferors for proceeds from real estate
by January 31, 2012.
transactions reported on Form 1099-S. However, the statement
Filers of Form 5498-SA who furnish a statement of FMV of the
mailing requirements do apply to statements to transferors for
account to the participant by January 31, 2012, with no reportable
timber royalties reportable under section 6050N on Form 1099-S.
contributions, including rollovers, made in 2011, need not furnish
Other information. Statements to recipients for Forms 1097-BTC,
another statement by May 31, 2012, to the participant to report zero
1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C,
contributions. If another statement is not furnished to the
1099-CAP, 1099-G, 1099-H, 1099-K, 1099-LTC, 1099-MISC,
participant, the statement of the FMV of the account must contain a
1099-Q, 1099-R, 1099-SA, 3921, 3922, 5498, 5498-ESA, 5498-SA,
legend designating which information is being filed with the Internal
W-2G, 1099-DIV only for section 404(k) dividends reportable under
Revenue Service.
section 6047, 1099-INT only for interest reportable in the course of
See the Guide to Information Returns on pages 15 and 16 for
your trade or business under section 6041, or 1099-S only for
the date other information returns are due to the recipient.
royalties 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 paper form, the
You will meet the requirement to furnish the statement if it is
form number and title of your substitute must be the same as the
properly addressed and mailed, or, with respect to electronic
official IRS form. All information required to be reported must be
recipient statements, posted to a website, on or before the due
numbered and titled on your substitute in substantially the same
date. If the regular due date falls on a Saturday, Sunday, or legal
manner as on the official IRS form. However, if you are reporting a
holiday, the due date is the next business day. A business day is
payment as “Other income” in Box 3 of Form 1099-MISC, you may
any day that is not a Saturday, Sunday, or legal holiday.
substitute appropriate explanatory language for the box title. For
Electronic recipient statements. If you are required to furnish a
example, for payments of accrued wages to a beneficiary of a
written statement (Copy B or an acceptable substitute) to a
deceased employee required to be reported on Form 1099-MISC,
recipient, then you may furnish the statement electronically instead
you might change the title of Box 3 to “Beneficiary payments” or
of on paper. This includes furnishing the statement to recipients of
something similar.
Forms 1097-BTC, 1098, 1098-E, 1098-T, 1099-A, B, C, CAP, DIV,
Appropriate instructions to the recipient, similar to those on the
G, H, INT, K, LTC, MISC, OID, PATR, Q, R, S, SA, 3921, 3922,
official IRS form, must be provided to aid in the proper reporting of
5498, 5498-ESA, and 5498-SA. It also includes Form W-2G (except
the items on the recipient’s income tax return. For payments
for horse and dog racing, jai alai, sweepstakes, wagering pools,
reported on Form 1099-B, rather than furnish appropriate
and lotteries).
instructions with each Form 1099-B statement, you may furnish to
Until further guidance is issued to the contrary, Form
the recipient one set of instructions for all statements required to be
1098-C may not be furnished electronically.
furnished to a recipient in a calendar year.
Except for royalties reported on Form 1099-MISC, the statement
If you meet the requirements listed below, you are treated as
mailing requirements explained on page 8 do not apply to
furnishing the statement timely.
statements to recipients for information reported on the forms listed
under Other information above. You may combine the statements Consent. The recipient must consent in the affirmative and not
with other reports or financial or commercial notices, or expand have withdrawn the consent before the statement is furnished. The
them to include other information of interest to the recipient. Be consent by the recipient must be made electronically in a way that
-9-
Gen. Instr. for Certain Info. Returns (2011)