FORM 1099 AND W-2 LETTER

Here is a letter that we sent reminding our clients to issue the proper forms to all Independent Contractors. If you need more information regarding this issue, please feel free to contact us.

Re: Forms 1099 and W-2

It is that time of year again to issue 1099 forms. In order to determine this, it is necessary for employers to have a signed W-9 form on file for all Independent Contractors they hire. The IRS requires that you send a Form 1099 to all individuals (not corporations) to whom you paid $600.00 or more for services, interest or rent. There is one exception to this. Any payments to a corporation for legal fees in excess of $600.00 are reportable on Form 1099-MISC. This is very important since the IRS will match 1099’s to the individual income tax returns in order to determine whether or not all income was properly reported.

Our past experience is that, if your income tax return is audited, one of the first items reviewed is whether you submitted all of the necessary Form 1099’s. This is an easy way for the IRS to raise revenues (by charging you a penalty) and force you to comply with the law.

The penalty for not complying with the filing of Form 1099’s ranges from $15.00 to $100.00 for each form not properly completed and timely filed. If the IRS can determine that a Form 1099 was intentionally not filed, the penalty is $100.00.

Nebraska is requiring all employers to report newly hired and rehired employees to the state within 20 days of date of hire. Effective January 1, 2010 employers will be required to report all Independent Contractors in addition to the new hires and rehired employees.

Another important issue is the filing of the W-2 forms. These forms must be given to your employees by February 1, 2010.

If you would like our firm to compile the necessary information and/or prepare the necessary Form 1099’s and W-2’s for you, please sign and return the enclosed engagement letter along with the completed, appropriate 1099 and W-2 worksheets to our office. Since the first returns are due February 1, 2010 we are offering a discount if you provide us with the information on or before January 11, 2010. Of course, there is no fee for the 1099 we prepare for us. That 1099 is free. If you wish to fax your information to us, our fax number is (402) 362-5475.

If you have any questions, please contact Jane Rosenau or Cheryl Harlow at our office at (402) 362-6636 or (800) 975-4829.

Kopsa Otte
Certified Public Accountants