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Form 1099-S Substitute Form for New Jersey: What You Should Know

Use Form 1099-S to report: Sale or exchanges of realty for more than 10,000.00, less than 100,000.00, or less than 200,000.00. However, if more than one payment (as part of a contract for sale or exchange) occurs as a result of a single transaction, you need only file Form 1099-S if the total payment is more than 10,000.00. The payment is more than 10,000.00 if this payment is received at the same time as one or more other payments. If multiple payments are made to the same person at a single time (such as one or more payments to a contractor to purchase a building, or one or more payments to a property manager to provide a dwelling), you need only file multiple forms of 990 (payroll tax form), Form 1099, or Form 1099-S. Payments are more than 10,000.00 to a single vendor if the vendor, within the last 5 years, has received a total of 10,000.00 in payments from 2 or more individuals or contractors. If a payment is received on or before the 10th day after this date and no other payments have been made by that person in the same or a prior year, any tax that was paid on the payment by the purchaser in excess of the tax that would have been due if paid on the 10th day thereafter is not deductible for federal tax purposes. A person who is a seller or purchaser (or both) who receives a total of 10,000.00 or less in payments in any calendar year from 2 or more individuals or contractors must have the amount of the payments received reported on the 1099S by the seller or purchaser (or both). To be allowed to report more than one payment, use two different forms of 1095-K/ES (or 1095-NR/NR). The 1095-K must be used for the reporting of taxable income, and for the reporting of payments to vendors that were more than 10,000.00 for these vendors. A vendor's failure to report the vendor's tax liability on the 1095-K for a payment received on the 10th day after the payment was made can cause the vendor to no longer be able to receive 1099-S reporting. Instead, the payment that triggered the payment obligation can be reported on Form 1099-K.

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