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Posted

I'm sure there is a penalty for not issuing a participant a 1099R, but I can not find it anywhere.

The only penalty for non-issuance of a 1099 mentions a flat $100 for non issuance of a 1099-MISC.

Does anyone know what the penalty for non issuance of a 1099R is?

I just took over a plan and a participant rolled over a distribution in 2011 and was not issued a 1099R.

I'd rather be safe and issue one now, but would like to warn the client that there will be a penalty.

Posted

i have never seen a penalty in practice but the 1099r instructions say you are supposed to do one so that should be enough.

i have also never seen a penalty for failure to withhold 20% but i still always advise clients to do it...

Posted

I think the $100.00 is correct. See IRC 6722 for penalties to be imposed for forms required to be filed on or after January 1, 2011. There are also reductions for timely corrections, etc...

There are also higher penalties for "intentional disregard." See 6722(e).

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