Statement and information return required in case of withholding by government entities.
(a) Statements required from government entities. Every government entity required to deduct and withhold tax under section 3402(t) must furnish to the payee a written statement containing the information required by paragraph (d) of this section.
(b) Information returns required from government entities. Every government entity required to furnish a payee statement under paragraph (a) of this section must file a duplicate of such statement with the Internal Revenue Service. Such duplicate constitutes an information return.
(c) Prescribed form. The prescribed form for the statement required by this section is Form 1099-MISC, “Miscellaneous Income,” or any successor form.
(d) Information required. Each statement on Form 1099-MISC (or any successor form) must show the following—
(1) The name, address, and taxpayer identification number of the person receiving the payment subject to withholding under section 3402(t) ;
(2) The amount of the payment withheld upon;
(3) The amount of tax deducted and withheld under section 3402(t) ;
(4) The name, address, and taxpayer identification number of the government entity filing the form;
(5) A legend stating that such amount is being reported to the Internal Revenue Service; and
(6) Such other information as is required by the form and the instructions.
(e) Time for furnishing statements. The statement required by paragraph (a) of this section must be furnished to the payee no later than January 31 of the year following the calendar year in which the payment subject to withholding was made. However, the February 15 due date under section 6045 applies to the statement if the statement is furnished in a consolidated reporting statement under section 6045. See §§ 1.6045-1 (k(3), 1.6045-2(d)(2), 1.6045-3(e)(2), 1.6045-4(m)(3), and 1.6045-5(a)(3)(ii) of this chapter.
(f) Cross references. For provisions relating to the time for filing the information returns required by this section with the Internal Revenue Service and to extensions of the time for filing the returns, see §§ 31.6071(a)-1(a)(3), 1.6081-1 of this chapter, and 1.6081-8 of this chapter. For penalties applicable to failure to file information returns and furnish payee statements, see sections 6721 through 6724.
(g) Effective/applicability date. This section applies for calendar years beginning on or after January 1, 2013.
[T.D. 9524, 76 FR 26602, May 9, 2011]
Title 26 published on 2012-04-01
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