If you own a rental, you do
not have to send Form 1099-Misc to your real estate agent
. That rule was repealed.
You do not need to issue a
Form 1099 for investment rentals. The rules you refer to were not to be
implemented until 2012 for payments made during 2012. They were repealed by HR
4. The President signed the repeal bill on April 14, 2011. In doing so, the requirement for rental property
owners to issue Form 1099-MISC no longer exists for any year.
The exception may not apply to payments made for attorney's fees, which would still
require Forms 1099.
Additional information:
Those rules were repealed
under H.R. 4 (P.L. 112-9) and made retroactive, as if they had never
been enacted. Therefore, landlords, in the ordinary situation of renting out a
house or two, do not have to issue 1099s to service providers. In that
situation, you would answer “no” to the first question, “Did you make any
payments in 2011 that would require you to file Form(s) 1099?” The second
question (“If yes …”) can be left blank.
There are still situations
where a Schedule E filer would have to issue 1099s. In general, you would have
to file 1099s if you materially participate (nonpassive) in the activity. For
example, if you are a real estate professional and treat the rental activities
as nonpassive, you are in a trade or business and you must issue 1099s.
Congress.gov https://www.congress.gov/bill/112th-congress/house-bill/4
