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Monthly Buzz #20
October 16, 2003

Nominee Income and IRS Tax Forms

If you received nominee interest or other income for the actual owner, you need to show the amount of nominee income separately, below a subtotal of all similar income on your IRS tax return listed on the appropriate IRS tax form. 

Nominee Interest

For nominee interest, you must prepare an IRS tax Form 1099-INT for the interest that is not yours and give Copy B to the actual owner.  You must also file a copy of the tax form and a completed IRS tax Form 1096, Annual Summary and Transmittal of U.S. Information Returns, with the IRS Service Center.  

Other Income

For any other type of income, complete the same IRS Form used to report the income to you so that you can report the nominee income to the actual owner. (for example Form 1099-DIV, Form 1099-MISC, Form 1099-PATR, etc.)

An Example

Let’s say that a Form 1099-MISC was issued to you under your social security number for farm income and the 1099 shows $1,000 in Box 7, Nonemployee Compensation.  However, the farm business which earned the income is owned 50% by you and 50% by your brother.  Each year you report 50% of all income and expense items on Schedule F and your brother reports the other 50%.  The IRS is going to be matching the 1099 income of $1,000 to your tax return.  

To avoid the possibility of an IRS notice being sent to you, report on Schedule F $1,000 of income along with the payer's name.  Then report “Nominee Distribution” for a negative $500 so that you are only taxed on your portion of the income but the IRS can match the 1099 with the gross income reported on your return.  This method of reporting is also used if the income happens to be interest, dividends, capital gains and losses or any other type of income.

Interest & Dividends

Interest and dividends pose a separate issue, however.  The new threshold for filing Schedule B, Interest and Dividends, is now $1,500 or more.  If the only interest income reported to you is $100 and half of that is the interest income of someone else, here is the proper method to report the income.  

Since Schedule B is not required, don’t report $50 on Form 1040, page 1.  The IRS will be looking for the other $50 and probably sent a notice of additional tax due.  Instead, attach an additional piece of paper to your return showing the full $100 as income less $50 as a nominee distribution.  

If you are using tax software, Schedule B may or may not print due to the income being less than required for the form.  If it does not print, use the additional piece of paper method.  Otherwise, go ahead and attach Schedule B.

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