Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted May 31, 2019 5:41:13 PM

How do I report a nominee on a 1099-R form from cashing out an insurance policy? The insurance co reported the entire taxable amount under my social

I am asking the insurance co to split the proceeds and send 2 1099-R forms showing the actual taxable amount for both of us, but if they can't how do I do this if it's all reported under my social, when I do my taxes next year?  I would like to verify this on Turbo Tax and do a test with a copy of my taxes from this year (just to test it out).  I say another response regarding nominee for 1099-INT but would like the instructions for a 1099-R.  Also, what do I need to file with the IRS (either paper or online) to designate him as a nominee for the amount of $ that will be sent to him showing his taxable amount?

Thanks

0 29 15750
24 Replies
Level 15
May 31, 2019 5:41:15 PM

Why is it split?      Who's name is the policy in?

New Member
May 31, 2019 5:41:17 PM

The policy is in both me and my brothers name and we are splitting the proceeds 50/50.  But the insurance company indicated they would report the taxable portion under 1 social (me).  They indicated that I fill out some 1099 form designating him as a nominee of the proceeds.  Just need direction on this with regards to the IRS and also when doing my taxes next year.

Alumni
May 31, 2019 5:41:18 PM

If the check was issued under just your name alone, its doubtful the insurance company will split the 1099R into a 50/50 situation.  It should have been distributed in 2 checks one for your half, the other for your brothers half.

Level 15
May 31, 2019 5:41:20 PM

I don't know very much about insurance, but how can an insurance policy be in more than one name?  Insurance only insures one person AFAIK.

There can be more than one beneficiary on a policy.     Is it your policy and your brother is your beneficiary?

New Member
May 31, 2019 5:41:22 PM

The insured person on the policy is our Father.  My brother and I are both owners of the whole life policy.  We are cancelling the policy to cash it out.  The insurance company stated they would issue the 1099 under my social thus reporting the whole taxable amount under me.  I have inquired with them that the proceeds be split 50/50 and the 1099R as well so there is no IRS mess.  But they stated that with multi-owners they usually send the proceeds to 1 person even if multiple owners exist and that 1 person then distributes the proceeds accordingly and then is also responsible for informing the IRS of additional nominees of the proceeds as well as who else is responsible for their portions of the taxable amount.   I am trying to avoid that with them and just have it all split from the get go.  But if they can't or won't, I need a backup plan knowing how to nominate my brother for tax purposes.  This is where I am lost.  How do I do that once I receive the 1099R from them and how in Turbo Tax do I indicate a nominee so I am not stuck paying taxes on 100% of what's on the 1099R form.

Level 15
May 31, 2019 5:41:24 PM

Like I said, I am in over my head here for insurance.

I know of no way to do that when a 1099-R is involved.  The IRS gets a copy form the issuer and expects to see that on your tax return.  There would be nothing on the 1099-R to indicate that anyone but you received the money.

This does not seem right.   How are they paying - one check or two and whose name is the check made out to?

I would think you need to look at the terms of the policy and how the owners are listed - joint owners or "and/or" and how that are to pay each owner.

User @dmertz - any insight here?

New Member
May 31, 2019 5:41:26 PM

We are listed as Joint owners as we both have to sign the documentation regarding the cancelling of the policy.

Alumni
May 31, 2019 5:41:27 PM

In a professional program I would report the 1099R as is and just make the adjustment on Line 21, with details in an attached preparer electronic statement showing the brothers name and SSN and amount that should be reported by him., then have the brother report his share on Line 21 of his return.  

I'm sure the Line 21 stuff can be done in TurboTax, but as far as attaching a statement and still be able to e-file, I'm not sure TT can do that.

New Member
May 31, 2019 5:41:29 PM

Would this be a similar process to what I need to do?
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/3224502?_ans=1&_pos=1&_src=sapi&_tot=172324&from=sapi&tags=">https://ttlc.intuit.com/questions/3224502?_ans=1&_pos=1&_src=sapi&_tot=172324&from=sapi&tags=</a>

This is for 1099-INT and it looks like TT can handle this so I would assume it can handle the same for a 1099R?

New Member
May 31, 2019 5:41:33 PM

Thank you Lisa995 and TurboTaxJohn2
I guess my other question is then how do I generate a 1099-MISC statement ?
Is that something generated via the TT program when I file next year and then just send it to my brother or do I also send him a copy of my 1099R just for his records?

New Member
May 31, 2019 5:41:34 PM

Lisa995 is correct.  You can show a negative number in Line 21 with the caption, “Distribution to Nominee YYY, SSN xxx-xx-xxxx.”  The negative number on Line 21 will adjust the income of the reported payee to the correct amount.  The reported payee will issue a Form 1099-MISC to the nominee payee for nominee’s share of the distribution. 

You can enter a negative income adjustment with the following menu path:

  1. Federal Taxes
  2. Wages & Income
  3. Less Common Income
  4. Miscellaneous Income
  5. Start
  6. Other Reportable Income
  7. Start
  8. Other Taxable Income
  9. Description = “Distribution to Nominee YYY, SSN xxx-xx-xxxx”
  10. Amount = -$xxx

TurboTax will transfer this to your Form 1040, Line 21, Page 1.

You can e-file with this approach because the disclosure is on the face of the return at Line 21.  Consequently, you do not need to attach a statement.

Level 1
Aug 19, 2019 2:07:41 PM

What you have to do is use form 1096 to get the IRS to sed you a 1099R to fill out.   I always have to wait on the forms as they usually aren't available yet for the upcoming tax year.

Level 1
Aug 19, 2019 2:13:31 PM

So here is my question.  As the owner of an annuity that is my daughters money, when I take money out for her I do the 1096/1099 forms.  This transfers it all to her and not to me.  However when she gets the 1099R form from me does she incur penalties when she reports it?  She would be penalized if this was in her social and the payout came direct to her from the annuity company.  I never considered this before....the difference is between 20% and 30% if she's penalized.   

Level 2
Feb 9, 2021 11:54:38 AM

Seems if one receives 1099-R then one would issue a 1099-R (Not MISC) to the Nominees --????...???

Expert Alumni
Feb 9, 2021 1:04:25 PM

@MidlandBob If you received a 1099-R with your SSN and part of that income belongs to another nominee, click this link to make the income adjustment on your return.  

 

The other nominee can report the income on their return as 'Other Income'. Click this link for info on How to Report Other Income

 

Keep good documentation of how the funds were actually distributed. 

 

 

Level 2
Feb 10, 2021 8:51:08 AM

When I fill out the 1099-R to the Nominees, who's info goes in the "PAYER" name, etc.   The original sender of the funds (which seems crime for me to report using someone elses TIN) or My name/TIN??  And why is it so hard to get IRS on line 1096 form!

Expert Alumni
Feb 10, 2021 9:54:00 AM

Since you are the recipient of the 1099R and it is reported in your SSN, you need to include the enter amount then make the negative income adjustment described aboveYou cannot issue 1099Rs in the name of the Insurance Company.  I would recommend sending a statement to the other parties indicating they need to include $X.XX income from the policy in Miscellaneous income for 2020.  That leaves the reporting responsibility up to the other parties.  If you report the income then do the negative adjustment in the Miscellaneous income, your return will reflect your share.  By notifying the others in writing of their share, you have fulfilled your responsibility notifying them of the income that needs reported on their individual returns.

 

The pandemic has affected your taxes in many ways. Including reporting in TurboTax the amount of stimulus money you received. Click Here for more information on how the Pandemic affected your 2020  taxes.

Level 2
Feb 10, 2021 10:12:20 AM

What happened to sending a 1096 to the IRS???  And I've requested one from IRS, there must be something really difficult that IRS can't post a scannable form for 1096 on internet....   Thanks for telling me what I assumed that I can't file 1099 using original payee when send 1099-R to Nominees, but would it be fair to say that I use my SSN / Name as Payer on the 1099-R that I issue to the Nominees (seems to read that way)

Expert Alumni
Feb 10, 2021 10:44:21 AM

The form 1096 is the Informational return transmittal and is Red.  It is a machine readable form.  If you decide to go that route, you will need to complete a 1099R for each participant.  You will need to send the Red A copy from each 1099R you complete with the Red 1096 transmittal and mail to the IRS by 2/28.  These also need to typed so they are machine readable.  Since you are the issuer of the 1099Rs, Yes you would use your name and SSN.

Level 2
Feb 10, 2021 3:29:12 PM

SamS1 - is there another IRS acceptable Route?  Cuz waiting on IRS to send RED copy "A" of 1099-R and 1096 seems pretty polluted.   Help!   

Level 2
Feb 10, 2021 11:07:38 PM

What's the difference between sending Nominee a 1099-R or 1099-MISC???

Expert Alumni
Feb 11, 2021 6:08:34 AM

Champ Hal_Al has an excellent explanation of what to do in his answer to another question posted in Community [Solved: What is a nominee adjustment? - TurboTax]

 

Q. Can 1099-R income be adjusted to reflect  an IRA plan administrator  mistake and sending an RMD to the wrong heir / beneficiary of an inherited IRA?

A.  No. The administrator should issue corrected 1099-Rs. But more accurately, probably not.  It depends on the details of what happened.  A nominee adjustment for a 1099-DIV or 1099-Int is shown on Schedule B. There is no place on the IRS forms foe adjusting a 1099-R. 

 

If you receive this as the result of an inheritance, and decided to share with others;  you are actually making them a gift, which is not taxable to them, nor deductible (adjustable) by you.

________________________________________________________________________

Generally, if you receive a Form 1099 for amounts that actually belong to another person, you are considered a nominee recipient. You must file a Form 1099 with the IRS (the same type of Form 1099 you received) for each of the other owners showing the amounts allocable to each. You also must furnish a Form 1099 to each of the other owners. File the new Form 1099 with Form 1096 with the Internal Revenue Service Center for your area. On each new Form 1099, list yourself as the "payer" and the other owner as the "recipient." On Form 1096, list yourself as the "Filer." A spouse is not required to file a nominee return to show amounts owned by the other spouse. The nominee, not the original payer, is responsible for filing the subsequent Forms 1099 to show the amount allocable to each owner.

https://www.irs.gov/instructions/i1099gi

 

I think you misunderstood SamS1. YOU prepare the 1099-R, along with the 1096 transmittal form and send it to the IRS.  At the same time, YOU send the 1099-R to the recipient.  You can download and print the forms from the IRS website:  

@MidlandBob

Level 2
Feb 11, 2021 10:01:20 AM

Champ Hal_Al has an excellent explanation - No, his explanation deals with INT/DIV while I'm working the cash distribution (R or MISC form).      Not understanding difference between issuing Nominees a MISC or R form?

 

Expert Alumni
Feb 11, 2021 11:26:50 AM

You, the nominee, have to issue to the other person the same type of form you received.  If you received a 1099-R, for retirement plan distributions, then you have to issue a 1099-R to the other person(s) involved.

 

File Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., for each person to whom you have made a designated distribution or are treated as having made a distribution of $10 or more from profit-sharing or retirement plans, any individual retirement arrangements (IRAs), annuities, pensions, insurance contracts, survivor income benefit plans, permanent and total disability payments under life insurance contracts, charitable gift annuities, etc.

 

You would file a Form 1099-MISC for each person to whom you have paid during the year:

  • At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest.
  • At least $600 in:
    • Rents.
    • Prizes and awards.
    • Other income payments.
    • Medical and health care payments.
    • Crop insurance proceeds.
    • Cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish.
    • Generally, the cash paid from a notional principal contract to an individual, partnership, or estate.
    • Payments to an attorney.
    • Any fishing boat proceeds

@MidlandBob