Basically Posted February 1, 2022 Posted February 1, 2022 I was asked by a financial advisor of a single member client just now: "should the plan issue a 1099-NEC to a person who did some work on the property the plan owns?" Thinking it through I would say yes. I would also guess that whatever account pays the RE tax bills would be the account that issues the 1099-NEC. Anyone have a quick answer? Of course the 1099 was due yesterday. Thanks
Basically Posted February 1, 2022 Author Posted February 1, 2022 No one huh.... So... when a plan pays expenses for TPA work or to the financial advisor... does the plan not need to issue a 1099?
Peter Gulia Posted February 1, 2022 Posted February 1, 2022 When whichever person is responsible asks for its lawyer’s or certified public accountant’s advice, one might consider: Exactly which person paid the nonemployee contractor? Did a real-estate holding company pay the contractor? Did a real-estate service company pay the contractor? Or did a trustee of the retirement plan’s trust pay directly? If it was a direct payment from the retirement plan’s trust, was that payment made “in the course of [the trust’s] trade or business”? https://www.irs.gov/pub/irs-pdf/i1099msc.pdf Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Luke Bailey Posted February 2, 2022 Posted February 2, 2022 11 hours ago, K-t-F said: I was asked by a financial advisor of a single member client just now: "should the plan issue a 1099-NEC to a person who did some work on the property the plan owns?" Thinking it through I would say yes. I would also guess that whatever account pays the RE tax bills would be the account that issues the 1099-NEC. Anyone have a quick answer? Of course the 1099 was due yesterday. Thanks K-t-F, I will assume that the person that did the work (a) was not a party-in-interest/disqualified person so there was no prohibited transaction, (b) was an individual, (c) was not an employee of the plan, and (d) was paid more than $600. I will assume also that the individual was paid by the plan from its own funds, not by the plan sponsor or a plan participant. If all the above is true, I would agree with you that the plan should issue a 1099-NEC. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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