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posted Jun 1, 2019 11:15:40 AM

I have a small gallery and sell artwork on consignment. Do I need to issue a 1099 to the artists after a sale? any other things I should know?

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5 Replies
Level 15
Jun 1, 2019 11:15:41 AM
Employee Tax Expert
Jun 1, 2019 11:15:43 AM

If the artists provide no services to you, then you would not need to issue a 1099. If you order the painting (request the work from the artist), then a 1099 would be in order.

See IRS reference link below.

https://www.irs.gov/pub/irs-utl/artgalleries.pdf

Level 2
Jun 1, 2019 11:15:44 AM

Would you please confirm that this remains the case?  We also have an art gallery and are hearing from many different sources that the tax code changed after the date of the internal audit guide the answerer used as a reference.

Level 15
Jun 1, 2019 11:15:45 AM

If the law did change, the IRS never updated that audit guide.

Level 2
Jun 1, 2019 11:15:46 AM

It seems like a mistake to call that internal document policy. But, I default to the instructions on the form itself. And I call out the tax preparers who assert otherwise as feathering their own nests.