All of you professional TPA's out there probably have a quck answer for this one.

Are you the payer, and do you use your own EIN, when you issue Form 1099-R/Form 1099-MISC?

I'm looking at TD 9010, 07/26/02. It seems that if a TPA exercises any sort of managerial or oversight duties -- for example, determining the amounts of distributions rather than merely writing checks at the direction of the plan sponsor -- it's required to use its own EIN on Form 1099. And, do the same rules apply to both retirement and welfare benefit plans?

While I am not a trust officer, my reading is that the payor issues the 1099R. If the trust is the payor, then the form is issued under their tax ID. The trust can contract with outside services to prepare the 1099R, but that is equivalent to asking the accountant to prepare them.

On the other hand, if the trust transfers funds to another party, eg, Penchecks, who then pays the benefits, then the payor to the participant issues the 1099R. This could also apply when the trust sends the funds to the plan sponsor, who issues the check and administers any tax withholding.