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Rental Property Businesses exempt from having to issue 1099-NEC?

Yesterday I learned through a consensus of google results that 1099-MISC forms were not required for property rental business to issue each year prior to 2020. Now I'm reading about 1099-NEC forms. Do renters have to issue these to eligible vendors? :^\

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Rental Property Businesses exempt from having to issue 1099-NEC?


@DaveLaQ wrote:

.......Do renters have to issue these to eligible vendors?


Not unless you are going to treat your rental as an actual trade or business rather than a passive activity (mainly for the purposes of qualifying for the QBI deduction).

 

See https://www.irs.gov/newsroom/qualified-business-income-deduction

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2 Replies

Rental Property Businesses exempt from having to issue 1099-NEC?


@DaveLaQ wrote:

.......Do renters have to issue these to eligible vendors?


Not unless you are going to treat your rental as an actual trade or business rather than a passive activity (mainly for the purposes of qualifying for the QBI deduction).

 

See https://www.irs.gov/newsroom/qualified-business-income-deduction

Rental Property Businesses exempt from having to issue 1099-NEC?

Do renters have to issue these to eligible vendors? 

renters of residential real estate are exempt from issuing 1099's to vendors like plumbers, landscapers, etc.

File Form 1099-MISC, Miscellaneous Income, for each
person in the course of your business to whom you have paid
the following during the year:
• At least $10 in royalties (see the instructions for box 2) or
broker payments in lieu of dividends or tax-exempt interest
(see the instructions for box 8).
• At least $600 in:
1. Rents (box 1);
2. Prizes and awards (box 3);
3. Other income payments (box 3);
4. Generally, the cash paid from a notional principal
contract to an individual, partnership, or estate (box 3);
5. Any fishing boat proceeds (box 5);
6. Medical and health care payments (box 6);
7. Crop insurance proceeds (box 9);
8. Payments to an attorney (box 10) (see Payments to
attorneys, later);
9. Section 409A deferrals (box 12); or
10. Nonqualified deferred compensation (box 14).
You must also file Form 1099-MISC for each person from
whom you have withheld any federal income tax (report in
box 4) under the backup withholding rules regardless of the
amount of the payment.

. Report on Form
1099-MISC only when payments are made in the course of
your trade or business. Personal payments are not
reportable

 

File Form 1099-NEC, Nonemployee Compensation (NEC),
for each person in the course of your business to whom you
have paid the following during the year:
• At least $600 in:
1. Services performed by someone who is not your
employee (including parts and materials) (box 1);
2. Cash payments for fish (or other aquatic life) you
purchase from anyone engaged in the trade or business of
catching fish (box 1); or
3. Payments to an attorney (box 1). (See Payments to
attorneys, later.)
You must also file Form 1099-NEC for each person from
whom you have withheld any federal income tax (report in
box 4) under the backup withholding rules regardless of the
amount of the payment.
Be sure to report each payment in the proper box
because the IRS uses this information to determine
whether the recipient has properly reported the
payment.
Trade or business reporting only. Report on Form
1099-NEC only when payments are made in the course of
your trade or business. Personal payments are not
reportable. 

 

The law has not really changed  - personal payments were not reportable. payments by business reportable but prior to 2020 there was only form 1099-MISC.

 

 

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