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Most businesses and people who pay someone more than $600 in a year or have to pay specific payments like interest know that IRS 1099 forms are required to be distributed every January following a tax year. Failure to do so can result in audits and possible penalties from the IRS.

In 2010 the Federal Laws that affect how 1099 reporting occur were changed significantly. Within the Internal Revenue Code, the federal tax law the IRS enforces, Section 6041 was modified by the Patient Protection and Affordable Care Act, better known as the Health Care Reform Act.

One of the biggest changes was new reporting requirements on payments to suppliers. Businesses pay dozens to hundreds of suppliers every month in the course of their own business. However, how much payment was made to a particular vendor was not reportable until code change occurred. After the revision, any amount over $600, whether one-time or in aggregate, became reportable. This change covered any kind of purchasing for merchandise, raw goods, retail product, equipment, capital goods, and any other purchase needed to run a business. Further, any supplier making a sale is now required to provide a tax identification number, or TIN. Failure to do so results in separate penalties as well as forced tax withholding on the payment due.

The change was made to close the ambiguity in payments that go back and forth every day between businesses but were not automatically reportable to the IRS. Some of these payments are ultimately taxable, but proponents argued that not all of it was reported. Closing the loophole was estimated by the Government Accountability Office to possibly produce a new $345 billion in additional tax revenue over ten years. Congress' own analysis was much more modest, hoping for $17 billion in new funds instead.

The change is tremendous at a practical level. It creates a whole new bureaucracy of 1099 reporting that now covers the entire wholesale market within multiple industries. Prior to the 2010 change approximately ten percent of supplier payments were subject to reporting. Now pretty much all for-profit companies are affected.

The timing of the increased 1099 reporting begins on any payments made after December 31, 2011, which essentially affects any activity in 2012 and afterwards. As a result, anybody expecting to make payments of $600 should have supply vendors' TINs and tax information IRS W-9 forms on file before any checks are printed. This boom in related reporting will create a whole new market for Accountants, IRS employees, state tax agencies, and tax lawyers, but it will only result in more tracking headaches for businesses.

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