Cathy wrote:
> Just wanting feedback on how others would suggest handling this or how
> they are suggesting clients handle this. . . . ,
> On the various business forms this year - . . . there are the new
> questions . . . asking if you made any payments
> in 2011 that would require you to file Form(s) 1099 and if yes, did
> you, or will you file all required forms 1099? . . . ,
> Anyone have any thoughts for how to handle this situation?
I belong to two real estate investor associations in my area and this
question has come up recently regarding rental properties and the two new
questions about 1099's. For me, the issue was important because I (like
your client) neglected to issue 1099's in the past and didn't issue any for
2011. And, now I am suddenly confronted by those two questions (on a
Schedule E, I think) that specifically ask me whether I was supposed to
issue 1099's and, if so, did I or do I plan to issue them. If I knew back
at the beginning of 2011 that those questions were going to be asked, I
probably would have paid more attention to getting the required information
from contractors and issuing 1099's for 2011.
There was a panel discussion at one of our real estate investor meetings and
one CPA was on the panel and another participated from the audience. Both
CPA's have a lot of clients who are real estate investors with rental
properties. The consensus from the CPA's was that, in general, 1099 for
rental property expenses are not required.
And, here is what one person (not a CPA or accountant) wrote in an online
discussion forum among the real estate investor group:
"Because Congress and the IRS went back-and-forth on the issue in 2010 and
2011, confusion exists among landlords concerning the need to issue
1099-MISCs to those who provided goods or services claimed as expenses
against real estate rental income. One source of difficulty is that the 2011
1099-MISC form and instructions are IN ERROR regarding the issue because
they were printed before the original requirements were repealed.
The following characterization of the final law was provided by three IRS
policy officials having the title, "Senior Stakeholder Liaison, IRS Small
Business/Self Employed Division" to a meeting of the Association of
Government Accountants in Philadelphia on February 15. In summary:
Despite what it says on the 2011 form 1099-MISC, If your rental income was
"passive," you do NOT have to issue 1099s EITHER TO CORPORATIONS OR TO
INDIVIDUALS for expenses incurred against that income. Rental activities are
passive activities even if you materially participated in them, unless you
qualified as a real estate professional, in which case they are not passive.
You qualify as a real estate professional if you met both of the following
requirements:
1) More than half of the personal services you performed in all trades or
businesses during the tax year were performed in real property trades or
businesses in which you materially participated.
2) You performed more than 750 hours of services during the tax year in real
property trades or businesses in which you materially participated."
I hope this helps.