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-   -   1099-MISC to attorney for title insurance (https://www.askmehelpdesk.com/showthread.php?t=21208)

  • Feb 20, 2006, 08:27 AM
    LostnFound44
    1099-MISC to attorney for title insurance
    At a closing an attorney represented the buyer of the property. At the closing the lending institution issued a treasurers check payable to "Attorney - Agent" for lender's title insurance. The invoice for the title insurance is from a third party title insurance company.

    Is this transaction reportable on a 1099-MISC to the attorney?

    Can you provide reference to the regulations or guidance that show that this is or is not required reporting?

    Thank you very much.
  • Feb 20, 2006, 08:31 AM
    AtlantaTaxExpert
    It depends if the lawyer is incorporated or not. If he is incorporated, then the Form 1099-MISC is not needed.

    If he is not incorporated, but that check is the only check he has evern gotten from the title company and the amount is under $600, then Form 1099-MISC is not required.

    If the check is part of a number of payments which total over $600, then the Form 1099-MISC is required.

    I cannot cite the IRC, but some research on www.irs.gov should get you the needed citation.
  • Feb 20, 2006, 11:52 AM
    pok
    Additional information:

    Lawyer payment is a special case. Even the lawyer is incorporated, the amount needs to be reported on 1099-misc. See reportable amount to corporations in IRS 1099-misc instructions.
  • Feb 20, 2006, 06:51 PM
    AtlantaTaxExpert
    I cannot confirm Pok's issue about requiring a 1099 for an incorporated lawyer, but I see no reason to doubt his word.

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