Tax practices for real estate commissions, rebates Premium Content

Real Estate Tax Talk

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Internal Revenue Service Form 1099-MISC is the tax form that must be filed to report annual payments over $600 that businesses make to independent contractors -- people who perform services but are not employees.

For example, real estate brokers must file 1099-MISC forms to report commission payments to real estate agents who are independent contractors.

No new reporting requirements for 2011, 2012

Under long-standing rules, there have been several important exceptions to the requirement to file a 1099 form. For example, 1099s need not be filed if an independent contractor is incorporated, with exceptions for legal and medical corporations.

Also, because the 1099 requirement applied only to businesses, it did not apply at all to landlords who were investors for tax purposes.

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