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1099 Nominee

Due to tax year 2024 divorce, I am constructing nominee 1099-Int and 1099-Div 1099's because they have only my name and SS#, but they are community property (in TX) for several months of the divorce year. I will designate the amount of nominee income for each 1099 using the nominee process in TT for my return and then sending a 1099 to the former spouse and also to the IRS along with a 1096. However, in TT only the income is available to enter for the nominee. Each 1099 also has Federal Income Tax Withheld to be split in the same percentage. Does that tax withheld need to be entered also in TT somehow as a nominee? Or is tax withheld simply entered manually in TT on my return in a lower amount from the 1099? If the latter, then the 1099/1096 nominee forms to the IRS and former spouse I guess is considered to complete the documentation.

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2 Replies
DianeW777
Expert Alumni

1099 Nominee

It depends. The amount of federal withholding should be allowed entry in Box 4, on both the 1099-DIV and 1099-INT. The federal withholding is linked to one social security number.  You may consider doing the physical nominee with steps below, or only the one who is assigned the original amount claims it on their tax return.  You could make an agreement for the person using it to pay the other divorcee half.

 

Nominee Returns.  This is how the IRS knows what you are doing.

Generally, if you receive a Form 1099 for amounts that actually belong to another person or entity, you are considered a nominee recipient. You must file a Form 1099 with the IRS (the same type of Form 1099 you received).  You must also furnish a Form 1099 to each of the other owners. 

 

File the new Form 1099 with Form 1096 (this is a transmittal for the 1099) by mailing to the Internal Revenue Service Center for your area. (Provided on the Form 1096)

  • On each new Form 1099, list yourself as the payer and the other owner, as the recipient. On Form 1096, list yourself as the nominee filer, not the original payer.  The nominee is responsible for filing the subsequent Forms 1099 to show the amount allocable to each owner.

The forms filed with the IRS should be the red copy so if you don't have a color printer, go to the IRS website and order the forms here: 

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1099 Nominee

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