~~~Tax Statements and Private Money Lenders Get Payday Now

It's tax time... Have you borrowed hard money? Have you lent private money? When lending and borrowing, have you been mailing and/or receiving 1098′s or 1099′s? Do you understand the way to use them?

At a recent Triad Mastermind Meeting, there were questions concerning who gets 1099 income and 1098 statements. We asked our CPA and here's a number of the thing that was shared:

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You should provide 1099 INTs to whomever interest is paid. Whether a 1099 is sent or received, anyone or entity who receives the interest is responsible for reporting the interest income. You have proof that you are paying the interest even if your recipient will not give you confirmation from the payment. If the recipient doesn't report it, then your recipient would face fines and penalties for unreported income. There is a penalty for forms not filed.

Tax Statements and Private Money Lenders

The 1098 is filed by the interest parent receiving mortgage interest. You should send 1098s to the owner financed properties on which you received interest. If private money is linked as being a mortgage with a specific property, then the interest recipient should send to you personally a 1098. There are penalties when the IRS pursues and discovers that 1098s were not filed.

By the way, the IRS has made a decision to target real-estate professionals for audit. Why gets the IRS targeted real-estate professionals with this time? According to their very own December 20, 2013 report:

Actions are essential within the identification, selection, and examination of individual tax returns with rental real-estate activity.

In August 2008, the Government Accountability Office stated that "at least 53 percent of individual taxpayers with rental property activity for Tax Year 2001 misreported their rental property activity, resulting in a estimated .4 billion of net misreported income."

As always, check together with your CPA for all those tax questions and discuss along with your closing attorney so these issues can be handled correctly from the beginning coming from all transactions.

What does your CPA say?

**UPDATE** You should be conscious you can find penalties to fail to send a required 1099 (Misc, Div, Int, etc.). The very good news is the penalty is based on how late you're filing. If it's only 30 days late, the penalty is only per information return. It increases to in case you file by August 1, and goes to in case you file after that. So, if you're late, procrastination is only going to ensure it is worse.

You may be able to prevent the penalties completely in case you can reveal that failure to comply was due to reasonable cause. But that isn't as all to easy to do as it sounds. Failure to file a W-2 results inside a penalty per W-2. Failure to file the W-3 summary from the W-2s starts out at .



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