On Demand Webinar

1099 Reporting of Settlements and Payments to Attorneys

Please see below for additional instructions and information regarding this program.

Webinar Details$219

The IRS is paying close attention to third-party payers, including small and mid-size businesses, and how they report payments made to subcontractors, attorneys, architects and other service providers on Form 1099-MISC. 

During this must-attend session our expert speaker will explore:

  • How to comply with IRS rules when reporting attorney fees and other third-party payments 
  • Documentation requirements and instructions for forms 1099-MISC 

Plus, you will learn what your organization needs to be doing now to be meet reporting deadlines and ensure compliance including:

  • How Form 1099-MISC reporting requirements have expanded 
  • How to report punitive legal damage awards and gross proceeds paid to attorneys
  • Handling of multiple 1099s
  • Which payments are taxable and reportable and which are considered exceptions
  • Handling 1099 reporting for settlement agreements
  • Whether attorney fees are reportable in box 7 or 14
  • Learn when an LLC is not reportable as a corporation and when it is as a company
  • Discover how to report multi-member LLC's with corporate owners 
  • Address reporting issues cropping up with incorporated legal service providers

Learning Objectives:

  • How to report punitive legal damage awards and gross proceeds paid to attorneys
  • Which payments are taxable and reportable and which are considered exceptions
  • Learn when an LLC is not reportable as a corporation and when it is as a company
  1. Introduction
  2. What’s New 00:01:09
  3. What’s New - The 2020 Form-NEC 00:09:28
  4. What’s New - The 2020 Form-MISC 00:13:53
  5. The W-9 00:15:32
  6. When is Form W-9 Perjury Certification Required? 00:18:47
  7. Why Use a W-9 to Solicit TIN for 1099 Reporting? 00:19:33
  8. Attorney Payee Refuses to Provide a TIN 00:23:30
  9. Payments Reportable on Forms 1099 00:27:14
  10. Identifying Your Payee: How to Know Who’s Who 00:00:27:41
  11. Attorney and Settlement Payees Starting Point 00:28:50
  12. Corporations 00:34:51
  13. The LLC 00:35:45
  14. The LLC as the Disregarded Entity 00:37:41
  15. Requirements 00:39:05
  16. The Middleman 00:41:11
  17. The Form 1099-MISC 00:50:55
  18. Reporting 0:51:50
  19. Form 1099-MISC Box 3 00:52:20
  20. Watch Out For That Non-Fixed and Determinable Exception 01:03:14
  21. Punitive Damages and Back Pay 01:07:36
  22. Attorney and Settlement Reporting 01:16:10
  23. Special Rules on Delivery 01:19:23
  24. Example of Tying Together Concepts 01:23:12
  25. Form 1099-MISC Box 4 Backup Withholding 01:24:29
  26. Form 1099-MISC Box 6 01:26:07
  27. Form 1099-MISC Box 6 (cont.) 01:27:04
  28. Form 1099-MISC Box 7 01:27:16
  29. Form 1099-MISC Box 14 01:27:43
  30. Circular 230 Disclosure 01:29:35
  31. Protect Yourself 01:29:40
  32. Attendee Questions 01:31:00
  33. Presentation Closing 01:39:11
  • Backup Withholding 00:11:55, 00:51:05
  • B-Notice 00:19:23
  • C Notice 00:18:47
  • Compensatory Damages 00:30:15, 01:08:49
  • DBA -Doing Business As 00:16:58
  • Disregarded Entity 00:16:19
  • D Notice 00:18:47
  • EIN 00:38:01
  • Form 1042 00:28:34
  • Form 1042-S 00:28:34
  • Form 1099 00:27:37
  • Form 1099 MISC 00:09:33, 00:14:04, 00:50:58, 01:12:22
  • Form 1099-NEC 00:10:01
  • Form 8832 00:36:07
  • Form-B  00:18:47
  • Form-DIV  00:18:47
  • Form-INT  00:18:47, 01:12:24
  • Form-OID  00:18:47
  • Form-PATR  00:18:47
  • Form W-2 01:12:39
  • Form W-9 00:15:52, 00:19:40
  • Garnishment 00:41:47
  • IRC Section 3406(a) 00:01:09
  • IRC Section 6041(a) 00:01:09, 00:
  • IRC Section 6109(a)(2) 00:01:09, 00:24:10
  • Levy 00:41:48
  • Limited liability company (LLC) 00:16:16, 00:35:49
  • Punitive Damages 00:30:16, 01:07:36
  • Sole Proprietor 00:16:14, 00:37:48
  • Tax Gap 00:01:33
  • TIN 00:16:46, 00:19:55, 00:23:57

Audit: A formal examination of an organization's or individual's accounts or financial situation

Backup Withholding: Backup withholding is the tax that is levied on investment income, at an established tax rate, as the investor withdraws it. Backup withholding helps to ensure that government tax-collecting agencies (such as the IRS or Canada Revenue Agency) will be able to receive income taxes owed to them from investors' earnings. (www.investopedia.com)

B-Notice: A notice from the IRS stating that one or more tax ID numbers were missing from a 1099 or do not match the IRS records.

C-Notice: Backup withholding notice from the IRS stating that the non-employee has understated income and is subject to backup withholding.

Compensatory Damages: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more.

DBA -Doing Business As: Sometimes it makes sense for a company to do business under a different name. To do this, the company has to file what's known as a DBA, meaning "doing business as." A DBA is also known as a "fictitious business name," "trade name," or "assumed name."

Disregarded Entity: A disregarded entity refers to a business entity with one owner that is not recognized for tax purposes as an entity separate from its owner. A single-member LLC ( “SMLLC”), for example, is considered to be a disregarded entity. (www.pntax.com)

D Notice: If you received an LT16 A/D notice, it's because he IRS is trying to collect unpaid taxes from you and/or their files show they're missing tax returns from you. It is essential that you take action in order to avoid potential enforcement action, which can include seizing your assets or wages. Enforcement action could also include the filing of a notice of federal tax lien, which could affect your credit score and ability to borrow.

EIN: The Employer Identification Number, also known as the Federal Employer Identification Number or the Federal Tax Identification Number, is a unique nine-digit number assigned by the Internal Revenue Service to business entities operating in the United States for the purposes of identification.

Form 1042: Form 1042, also "Annual Withholding Tax Return for U.S. Source Income of Foreign Persons", is used to report tax withheld on certain income of foreign persons.

Form 1042-S: Form 1042-S is used to report amounts paid to foreign persons (including persons presumed to be foreign) who are subject to income tax withholding. For an individual taxpayer, Form 1042-S is a document provided to you (and the IRS) by the payer of the income reported.

Form 1099: Form 1099 is one of several IRS tax forms used in the United States to prepare and file an information return to report various types of income other than wages, salaries, and tips (for which Form W-2 is used instead). - Wikipedia (https://en.wikipedia.org/)

Form 1099 MISC: The Form 1099-MISC is an Internal Revenue Service (IRS) tax return document used to report miscellaneous payment​s made to nonemployee individuals, such as independent contractors, during the calendar year. (www.shrm.org)

Form 1099-NEC: In the context of 1099 tax filing, NEC stands for “Nonemployee Compensation” (the first letters of the three words None, Employee and Compensation). Most tax payers recognize NEC as box 7 on Form 1099-MISC. NEC is used to report income paid to independent-contractors / the-self-employed (referred to as 1099 employees for simplification purposes). So, while employers report income that gets paid to employees on Box 1 (Wages, tips, other compensation) of the W2 form, payers report income that gets paid to none-employees on Box 7 (NEC) of the 1099-MISC form. As an individual, if you received form 1099-MISC instead of Form W-2 then the payer did not consider you an employee and did not withhold income tax or social security and Medicare tax.

Form 8832: Form 8832 is the Entity Classification Election form from the IRS. It is filed to elect a tax status other than the default status for your entity. For example, an LLC can elect to be taxed as a C Corporation.

Form 1099-B: Proceeds From Broker and Barter Exchange Transactions is an Internal Revenue Service (IRS) tax form that is issued by brokers or barter exchanges. The form lists the gains or losses of all broker or barter exchange transactions.

Form 1099-DIV : Form 1099-DIV: Dividends and Distributions is an Internal Revenue Service (IRS) form sent to investors who receive distributions from any type of investment during a calendar year. Investors can receive multiple 1099-DIVs. Each Form 1099-DIV should be reported on an investor's tax filing.

Form 1099-INT: Form 1099-INT is the IRS tax form used to report interest income. The form is issued by all payers of interest income to investors at year end and includes a breakdown of all types of interest income and related expenses. Payers must issue Form 1099-INTs for any party to whom they paid at least $10 of interest during the year.

Form 1099-OID: Form 1099-OID is a tax form intended to be submitted to the Internal Revenue Service by the holder of debt instruments which were discounted at purchase to report the taxable difference between the instruments' actual value and the discounted purchase price.

Form 1099-PATR: File Form 1099-PATR, Taxable Distributions Received From Cooperatives, for each person to whom the cooperative has paid at least $10 in patronage dividends and other distributions described in section 6044(b), or from whom you withheld any federal income tax under the backup withholding rules regardless of the amount of the payment.

Form W-2: Form W-2 is an Internal Revenue Service tax form used in the United States to report wages paid to employees and the taxes withheld from them. Employers must complete a Form W-2 for each employee to whom they pay a salary, wage, or other compensation as part of the employment relationship. - Wikipedia (https://en.wikipedia.org/)

Form W-9: Form W-9 (officially, the "Request for Taxpayer Identification Number and Certification") is used in the United States income tax system by a third party who must file an information return with the Internal Revenue Service (IRS). It requests the name, address, and taxpayer identification information of a taxpayer (in the form of a Social Security Number or Employer Identification Number). - Wikipedia (https://en.m.wikipedia.org/)

Garnishment: A legal summons or warning concerning the attachment of property to satisfy a debt

IRC Section 3406(a): Requires that, under certain circumstances, including failure ot payee to provide a TIN, the payer must perform backup withholding.

IRC Section 6041(a): Provides that persons engaged in trade or business must report certain payments on an information return.

IRC Section 6109(a)(2): Requires that a payee provide a TIN to the payer when the payment will be reportable on an information return.

Levy: A tax levy, under United States Federal law, is an administrative action by the Internal Revenue Service under statutory authority, generally without going to court, to seize property to satisfy a tax liability. The levy "includes the power of distraint and seizure by any means".

Limited liability company (LLC): An LLC is a corporate structure where members cannot be held accountable for the company’s debts or liabilities. This can shield business owners from losing their entire life savings if, for example, someone were to sue the company. Can be a single member (much like a sole proprietor) or a multi-member. It shares certain traits of both corporations as well as partnerships or sole proprietorships. It is not a corporation.

Punitive Damages: Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

Sole Proprietor: A business that legally has no separate existence from its owner. The sole proprietorship is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts.

Tax Gap: The gross tax gap is the difference between true tax liability for a given tax year and the amount that is paid on time. It is comprised of the nonfiling gap, the underreporting gap, and the underpayment (or remittance) gap.

TIN: A Taxpayer Identification Number is an identifying number used for tax purposes in the United States and in other countries under the Common Reporting Standard. In the United States, it is also known as a Tax Identification Number or Federal Taxpayer Identification Number.


Guest Speaker

Steven Mercatante

Steven Mercatante

Steven Mercatante is the principal and founder of TIR Consulting, LLC. He is a nationally recognized leader in tax reporting education and consulting on specialized compliance issues. He has conducted on-site consultation for corporate clients from across the world and led countless seminars and webinars for Convey Compliance Systems, IAPP, Balance Consulting, The Accounts Payable Network, Accounts Payable Now and Tomorrow, Progressive Business Conferences, The Center For Competitive Management,... View Full Profile


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