Actual IRS info on this new change coming.
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Instructions for
Form 1099-K
(Rev. January 2022)
Payment Card and Third Party Network Transactions
Department of the Treasury
Internal Revenue Service
Section references are to the Internal Revenue Code unless
otherwise noted.
What’s New
Exceptions for reporting of third party network transac-
tions. The reporting requirement for these transactions has
changed from totals exceeding $20,000 to exceeding $600,
regardless of the total number of transactions. See Exception
for de minimis payments, later, for more information.
Continuous-use form and instructions. Form 1099-K and
these instructions have been converted from an annual
revision to continuous use. Both the form and instructions will
be updated as needed. For the most recent version, go to
IRS.gov/Form1099K.
Future Developments
For the latest information about developments related to
Form 1099-K and its instructions, such as legislation enacted
after they were published, go to IRS.gov/Form1099K.
Reminders
In addition to these specific instructions, you should also use
the current General Instructions for Certain Information
Returns. Those general instructions include information
about the following topics.
• Who must file.
• When and where to file.
• Electronic reporting.
• Corrected and void returns.
• Statements to recipients.
• Taxpayer identification numbers (TINs).
• Backup withholding.
• Penalties.
• Other general topics.
You can get the General Instructions for Certain
Information Returns at IRS.gov/1099GeneralInstructions or
go to IRS.gov/Form1099K.
Online fillable Copies 1, B, 2, and C. To ease statement
furnishing requirements, Copies 1, B, 2, and C of Form
1099-K are fillable online in a PDF format, available at
IRS.gov/Form1099K. You can complete these copies online
for furnishing statements to recipients and for retaining in
your own files.
Third party reporting. For more information on third party
reporting, go to IRS.gov/tax-professionals/third-party-
reporting-information-center-information-documents.
Specific Instructions
A payment settlement entity (PSE) must file Form 1099-K,
Payment Card and Third Party Network Transactions, for
payments made in settlement of reportable payment
transactions for each calendar year. A PSE makes a
payment in settlement of a reportable payment transaction,
that is, any payment card or third party network transaction, if
the PSE submits the instruction to transfer funds to the
account of the participating payee to settle the reportable
payment transaction.
A PSE is a domestic or foreign entity that is a merchant
acquiring entity, that is, a bank or other organization that has
the contractual obligation to make payment to participating
payees in settlement of payment card transactions; or a third
party settlement organization (TPSO), that is, the central
organization that has the contractual obligation to make
payments to participating payees of third party network
transactions.
Note. Healthcare networks, in-house accounts payable
departments, and automated clearing houses do not qualify
as TPSOs and do not report under section 6050W.
A participating payee is any person, including any
governmental unit (and any agency or instrumentality of a
governmental unit) who accepts a payment card, or any
account number or other indicia associated with a payment
card, as payment or accepts payment from a TPSO in
settlement of a third party network transaction.
A payment card is any card, including any stored-value
card (having prepaid value, including gift cards), issued
according to an agreement or arrangement that provides for
all of the following.
• One or more issuers of the cards.
• A network of persons unrelated to each other, and to the
issuer, who agree to accept the cards as payment.
• Standards and mechanisms for settling the transactions
between the merchant acquiring entities and the persons
who agree to accept the cards as payment.
A third party payment network is any agreement or
arrangement that provides for the following.
• The establishment of accounts with a central organization
by a substantial number of providers of goods or services
who are unrelated to the organization and who have agreed
to settle transactions for the provision of the goods or
services to purchasers according to the terms of the
agreement or arrangement.
• Standards and mechanisms for settling the transactions.
• Guarantee of payment to the persons providing goods or
services (participating payees) in settlement of transactions
with purchasers pursuant to the agreement or arrangement.
A third party payment network does not include any
agreement or arrangement that provides for the issuance of
payment cards.
“Unrelated” means any person who is not related to
another person within the meaning of section 267(b) using
the rules of sections 267(c) and (e)(3), and 707(b)(1).
Exception for payments made outside the United
States by U.S. payers or middlemen to offshore
accounts after 2010. For payments under contractual
obligations entered into after December 31, 2010, a PSE that
is a person as described in Regulations section 1.6049-5(c)
(5) as a U.S. payer or U.S. middleman is not required to file
Dec 02, 2021 Cat. No. 54721E
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Form 1099-K for payments to a participating payee with a
foreign address as long as, prior to payment, the PSE has
documentation on which the PSE may rely to treat the
payment as made to a foreign person according to
Regulations section 1.1441-1(e)(1)(ii) (substituting “payer” for
the term “withholding agent” and without regard to the
limitations to amounts subject to withholding requirements of
chapter 3 of the Code and its regulations).
A PSE must file Form 1099-K for payments made outside
the United States to an offshore account if any of the
following apply.
• There is a U.S. residential or correspondence address
associated with the participating payee.
• The PSE has standing instructions to direct the payment to
a bank account maintained in the United States.
• The PSE knows or has reason to know that the
participating payee is a U.S. person.
A PSE is not required to file Form 1099-K for payments
made outside the United States to an offshore account in the
circumstances described in the preceding paragraph if the
PSE does not know that the payee is a U.S. person and the
PSE obtains from the payee a Form W-8BEN, Certificate of
Foreign Status of Beneficial Owner for United States Tax
Withholding and Reporting (Individuals); or Form W-8ECI,
Certificate of Foreign Person’s Claim That Income Is
Effectively Connected With the Conduct of a Trade or
Business in the United States; or documentary evidence
establishing the payee’s non-U.S. status; or a suitable
substitute form as described in Notice 2011-71, available at
IRS.gov/irb/2011-37_IRB#NOT-2011-71. The W-8 forms (or
the suitable substitutes) must be collected by the PSE no
later than 90 days after the date on which the PSE enters into
the contractual obligations with the participating payee. The
W-8 forms (or suitable substitutes) and documentary
evidence may be relied upon only when the requirements
described in Notice 2011-71 are satisfied.
A PSE does not have to file Form 1099-K for payments
made outside the United States (within the meaning of
Regulations section 1.6049-5(e)) to an offshore account (as
described in Notice 2012-2, available at IRS.gov/irb/
2012-45_IRB#NOT-2012-2) of a participating payee with
only a foreign address if the name of the participating payee
indicates that it is a per se corporation under Regulations
section 301.7701-2(b)(8)(i) and the PSE does not know or
have reason to know that the participating payee is a U.S.
person.
A PSE may apply the grace period rules under
Regulations section 1.6049-5(d)(2)(ii) for payments to a
participating payee with only a foreign address without
regard to whether the amounts paid are described in
Regulations section 1.1441-6(c)(2) or are reportable under
Code section 6042, 6045, 6049, or 6050N.
Exception for payments made by U.S. payers or
middlemen to accounts maintained outside the United
States after 2010. A PSE is also not required to file Form
1099-K in certain circumstances for payments made to an
account maintained outside the United States. This
exception only applies if the PSE is a U.S. payer making a
payment to an account maintained outside the United States
by the PSE, or, if the PSE does not maintain an account for
the payee, to another financial institution maintaining the
account outside the United States. To apply this exception,
the PSE must also reasonably determine that the
participating payee is doing business outside the United
States based on all the information obtained or reviewed in
connection with the establishment or maintenance of the
contractual relationship with the participating payee
(including information required to be obtained or reviewed
under procedures required to be established under and
compliant with 31 CFR section 1020.220). However, a PSE
must file Form 1099-K for payments made to an offshore
account if any of the following apply.
• There is a U.S. residential or correspondence address
associated with the participating payee.
• The PSE has standing instructions to direct the payment to
a bank account maintained in the United States.
• The PSE knows or has reason to know that the
participating payee is a U.S. person.
A PSE that obtains a valid Form W-8 or documentary
evidence establishing the payee's non-U.S. status and does
not know the payee is a U.S. person is not required to file
Form 1099-K even if any of the circumstances described in
the preceding paragraph are present. For more information
on this exception, see Notice 2012-2.
Exception for payments by U.S. payers to foreign
payees prior to 2011. For payments under contractual
obligations entered into before January 1, 2011, a PSE that is
a U.S. payer or U.S. middleman is not required to file a Form
1099-K for a payment to a participating payee with a foreign
address as long as the payer does not know or have reason
to know that the participating payee is a U.S. person.
A foreign address means any address that is not within the
United States (the States and the District of Columbia).
Exception for payments made by non-U.S. payers or
middlemen to foreign payees. A PSE that is not described
as a U.S. payer or U.S. middleman in Regulations section
1.6049-5(c)(5) is not required to file a Form 1099-K for
payment to a participating payee that does not have a U.S.
address as long as the PSE does not know or have reason to
know that the participating payee is a U.S. person. If the
participating payee has any U.S. address, the PSE may treat
the participating payee as a foreign person only if the PSE
has documentation on which the PSE may rely to treat the
payment as made to a foreign person according to
Regulations section 1.1441-1(e)(1)(ii).
A PSE that is a non-U.S. payer that has reason to know
but not actual knowledge that a participating payee is a U.S.
person will not be required to file Form 1099-K if the PSE
obtains from the payee a Form W-8 or documentary
evidence that satisfies the requirements described in Notice
2011-71.
A PSE may accept a substitute form, as described in
Notice 2011-71, in lieu of Form W-8BEN so that a
participating payee can certify its non-U.S. status.
Documentary evidence, described in Notice 2011-71,
submitted to establish the identity of the payee and the status
of that person as a foreign person remains valid until the
earlier of the last day of the third calendar year following the
year in which the documentary evidence is provided to the
withholding agent or the day that a change in circumstances
occurs that makes any information on the documentary
evidence incorrect.
A U.S. address is any address that is within the United
States (the States and the District of Columbia).
Nonreportable transactions. The following transactions
are nonreportable under section 6050W.
• A withdrawal of funds at an automated teller machine
(ATM) via payment card, or a cash advance or loan against
the cardholder's account.
• A check issued in connection with a payment card that is
accepted by a merchant or other payee.
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• Any transaction in which a payment card is accepted as
payment by a merchant or other payee who is related to the
issuer of the payment card.
Conversion of amounts paid in foreign currency. When
a payment is made or received in a foreign currency, the U.S.
dollar amount must be determined by converting the foreign
currency into U.S. dollars on the date of transaction at the
spot rate (as defined in Regulations section 1.988-1(d)(1)) or
according to a reasonable spot rate convention, such as a
month-end spot rate or a monthly average spot rate. The
convention must be used consistently for all non-dollar
amounts reported and from year to year. The convention
cannot be changed without the consent of the Commissioner
or his or her delegate.
Reporting under sections 6041, 6041A, and 6050W.
Payments made by payment card or through a third party
payment network after December 31, 2010, that otherwise
would be reportable under sections 6041 (payments made in
the course of a trade or business to another person) or
6041A(a) (payments of remuneration for services and certain
direct sales) and 6050W are reported under section 6050W
and not section 6041 or 6041A. For purposes of determining
whether payments are subject to reporting under section
6050W, rather than section 6041 or 6041A, the de minimis
threshold, discussed later under Box 1a, is disregarded.
Who Must File
Every PSE or other party which submits instructions to
transfer funds to the account of a participating payee, in
settlement of reportable payment transactions, must file an
information return (Form 1099-K) with respect to each
participating payee for that calendar year.
Multiple PSEs. If two or more persons qualify as PSEs for
the same reportable transaction, the PSE that submits the
instruction to transfer funds must file the return. However, the
PSE obligated to file may designate another person to file the
return, including the PSE not making payment, if the parties
agree in writing. If the designated person fails to timely file
the return, the entity with the responsibility to file is liable for
any applicable penalties under sections 6721 and 6722.
Electronic payment facilitator (EPF). If a PSE contracts
with an EPF or other third party to make payments in
settlement of reportable payment transactions on behalf of
the PSE, the facilitator or other third party must file Form
1099-K in lieu of the PSE. The facilitator is not required to
have any arrangement or agreement with the participating
payee. Payments need not come from the facilitator's
account. The facilitator need only submit instructions to
transfer funds to the account of the participating payee. The
PSE can file Form 1099-K by designation if the parties agree
in writing; however, the designation does not relieve the
facilitator from liability for any applicable penalties under
sections 6721 and 6722 for failure to comply with the
information reporting requirements.
See part O in the current General Instructions for Certain
Information Returns for more information on penalties.
Aggregated payees. If you receive payments from a PSE
on behalf of one or more participating payees and you
distribute such payments to one or more participating
payees, you are:
• The participating payee with respect to the PSE who sent
you the payment(s), and
• The PSE with respect to the participating payees to whom
you distribute the payments.
For more information on nominee/middleman reporting,
see part A in the current General Instructions for Certain
Information Returns.
Statements to Payees
If you are required to file Form 1099-K, you must furnish a
statement to the payee.
Truncating recipient’s TIN on payee statements.
Pursuant to Regulations section 301.6109-4, all filers of this
form may truncate a payee’s TIN (social security number
(SSN), individual taxpayer identification number (ITIN),
adoption taxpayer identification number (ATIN), or employer
identification number (EIN)) on payee statements. Truncation
is not allowed on any documents the filer files with the IRS. A
filer's TIN may not be truncated on any form. See part J in the
current General Instructions for Certain Information Returns.
Furnishing statements electronically. Statements may be
furnished to payees electronically in lieu of a paper format.
See Regulations section 1.6050W-2(a) for further
information.
For more information about the requirement to furnish a
statement to each payee, see part M in the current General
Instructions for Certain Information Returns.
2nd TIN Not.
You may enter an “X” in this box if you were notified by the
IRS twice within 3 calendar years that the payee provided an
incorrect TIN. If you mark this box, the IRS will not send you
any further notices about this account.
However, if you received both IRS notices in the same
year, or if you received them in different years but they both
related to information returns filed for the same year, do not
check the box at this time. For purposes of the
two-notices-in-3-years rule, you are considered to have
received one notice and you are not required to send a
second “B” notice to the taxpayer on receipt of the second
notice. See part N in the current General Instructions for
Certain Information Returns for more information.
For information on the TIN Matching System offered
by the IRS, see the current General Instructions for
Certain Information Returns.
FILER'S Name, Address, Telephone Number,
and TIN Boxes
Enter the name, address (including street address, city or
town, state or province, country, and ZIP or foreign postal
code), and telephone number of the entity with the filing
requirement (payer) in the box in the upper left corner. The
telephone number must allow a payee to reach a person
knowledgeable about the payments reported on the form.
Enter the TIN (EIN) of the entity with the filing requirement
(payer) in the top box immediately to the right.
FILER Checkboxes
Check the first (top) box in the section immediately below the
FILER'S name, street address, city or town, state or province,
country, ZIP or foreign postal code, and telephone number
box if the entity with the filing requirement (payer) is a PSE.
Check the second (bottom) box if the entity with the filing
requirement (payer) is an EPF or other third party.
If the entity with the filing requirement (payer) is an EPF or
other third party, enter the PSE's name and telephone
number in the box above the account number box at theTIP
Instructions for Form 1099-K (Rev. 01-2022) -3-
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bottom left of the form. The telephone number must allow a
payee to reach a person knowledgeable about the payments
reported on the form.
Transactions Reported Checkboxes
Check the first (top) box if you are reporting payment card
transactions on this form. Check the second (bottom) box if
you are reporting third party network transactions on this
form.
If you are reporting payments to the same payee that
include both payment card and third party network
transactions, you must file a separate Form 1099-K reporting
the gross amount from each type.
Account Number
The account number is required if you have multiple
accounts for a payee for whom you are filing more than one
Form 1099-K. Additionally, the IRS encourages you to
designate an account number for all Forms 1099-K that you
file. See part L in the current General Instructions for Certain
Information Returns.
Box 1a. Gross Payment Card/Third Party
Network Transactions
Enter in box 1a the gross amount of the total reportable
payment card/third party network transactions for the
calendar year. Gross amount means the total dollar amount
of total reportable payment transactions for each participating
payee without regard to any adjustments for credits, cash
equivalents, discount amounts, fees, refunded amounts, or
any other amounts. The dollar amount of each transaction is
determined on the date of the transaction.
Exception for de minimis payments. A TPSO is required
to report any information concerning third party network
transactions of any participating payee only if the gross
amount of total reportable payment transactions exceeds
$600 for the calendar year, regardless of the number of
transactions.
For examples of reportable payment transactions,
including responsible filing parties, see Regulations section
1.6050W-1(e).
Box 1b. Card Not Present Transactions
Enter in box 1b the gross amount of the total reportable
payment card/third party network transactions for the
calendar year where the card was not present at the time of
the transaction or the card number was keyed into the
terminal. Typically, this relates to online sales, phone sales,
or catalogue sales. Gross amount means the total dollar
amount of total reportable payment transactions for each
participating payee without regard to any adjustments for
credits, cash equivalents, discount amounts, fees, refunded
amounts, or any other amounts. The dollar amount of each
transaction is determined on the date of the transaction.
Box 2. Merchant Category Code
Enter the four-digit merchant category code (MCC) used by
the payment card industry to classify the payee for the
payment card transactions reported on this Form 1099-K. If
you or the entity on whose behalf you are filing uses an
industry classification system other than, or in addition to,
MCCs, assign to each payee an MCC that most closely
corresponds to the description of the payee's business.
Note. If you or the entity on whose behalf you are filing is a
TPSO or does not use any industry classification system for
its payees, you should not complete this box.
If a payee has receipts classified under more than one
MCC, you may either:
• File separate Forms 1099-K reporting the gross receipts
for each MCC, or
• File a single Form 1099-K reporting total gross receipts
and the MCC which corresponds to the largest portion of the
total gross receipts.
Box 3. Number of Payment Transactions
Enter the number of payment transactions (not including
refund transactions) processed through the payment card/
third party payer network.
Box 4. Federal Income Tax Withheld
Enter backup withholding. Persons who have not furnished
their TINs to you in the manner required are subject to
backup withholding on payments required to be aggregately
reported in box 1a.
A payment made by a TPSO is a reportable payment
potentially subject to section 3406 backup withholding.
For more information on backup withholding, including the
applicable rate, see part N in the current General Instructions
for Certain Information Returns.
Boxes 5a Through 5l
Enter in the appropriate box the gross amount of the total
reportable payment transactions for each month of the
calendar year.
Boxes 6 Through 8. State Information
These boxes may be used by filers who participate in the
Combined Federal/State Filing Program and/or who are
required to file paper copies of this form with a state tax
department. See Pub. 1220 for more information regarding
the Combined Federal/State Filing Program. They are
provided for your convenience only and need not be
completed for the IRS. Use the state information boxes to
report payments for up to two states. Keep the information for
each state separated by the dash line. If you withheld state
income tax on this payment, you may enter it in box 8. In
box 6, enter the abbreviated name of the state. In box 7,
enter the filer's state identification number. The state number
is the filer's identification number assigned by the individual
state.
If a state tax department requires that you send them a
paper copy of this form, use Copy 1 to provide information to
the state tax department. Give Copy 2 to the payee for use in
filing the payee's state income tax return.
-4- Instructions for Form 1099-K (Rev. 01-2022)