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The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, raised several federal Form 1099-MISC thresholds from $600 to $2,000 for the 2026 tax year. However, Box 8 and Box 10 are not affected. Substitute payments (Box 8) remain reportable at $10 or more, and gross proceeds paid to attorneys (Box 10) remain reportable at $600 or more.
Filing taxes without proper understanding of the forms can be a daunting task. In order to successfully navigate tax filing, it is essential to know your information returns.
One such essential form that businesses must be familiar with is Form 1099-MISC. This form is used to report various types of miscellaneous payments made throughout the tax year.
Whether you’re paying independent contractors, making rental payments, awarding certain prizes or awards, paying royalties, or reporting certain attorney-related payments, Form 1099-MISC ensures that all these transactions are properly documented and reported to the IRS.
In this blog, we’ll delve into the specifics of filing Form 1099-MISC, focusing particularly on Box 8 and Box 10.
Box 8 of Form 1099-MISC is used to report substitute payments of at least $10 in lieu of dividends or interest. These substitute payments typically occur when a broker loans out securities. Instead of the customer receiving the usual dividends or tax-exempt interest from their securities, they receive a substitute payment from the broker.
In simple terms, if your securities are loaned out, the borrower pays the broker, and the broker then passes this payment on to you which is then to be reported in Box 8 of Form 1099-MISC.
Let’s take an example to understand it better. You lent out some of your stocks, and the borrower paid you $500 in substitute payments instead of dividends. In this case, you would report the $500 in Box 8 of Form 1099-MISC.
The broker or financial institution that handled the securities lending transaction reports the substitute payments in Box 8 of Form 1099-MISC.
Fill in the payer’s (your business entity) name, address, and taxpayer identification number (TIN).
Enter the customer’s name, address, and TIN as the recipient. It is important to remember that the broker or financial institution is generally the payer. They report substitute payments received on behalf of a customer whose securities were on loan. The broker should never be listed as the recipient unless the broker is the payee in a separate transaction.
Enter the total amount of substitute payments in lieu of dividends or tax-exempt interest.
If your business pays gross proceeds to an attorney or law firm in connection with legal services, but not for the attorney’s own services, report those payments in Form 1099-MISC Box 10 when they total $600 or more.
The “services” mentioned are for legal services, not for the attorney’s services. Payments for an attorney’s services will be reported in Box 1 of Form 1099-NEC.
Before entering the reportable amount in Box 10, determine the nature of the payment:
For example, you are a business owner who paid $10,000 to an attorney as part of a settlement agreement in a lawsuit. You would report the $10,000 in 1099-MISC Box 10.
However, if you hired an attorney to provide legal advice and services for your business and paid the attorney $5,000 for those services, report the $5,000 in Box 1 of Form 1099-NEC as nonemployee compensation.
If a single payment covers both settlement proceeds and attorney service fees, split the reporting by payment type.
In some cases, dual reporting may also be required if a business pays taxable damages to a claimant through the claimant’s attorney. The business may need to issue Form 1099-MISC Box 10 to the attorney for the gross proceeds and a separate Form 1099-MISC to the claimant for the damages.
Enter the attorney’s name, address, and TIN.
Determine the total amount of payments made to the attorney and fill in Box 10.
Understanding the specific requirements for reporting payments on Form 1099-MISC is crucial for compliance with IRS regulations. For Form 1099-MISC amounts reported in Box 8 or Box 10, recipient statements are generally due by February 15 of the following year. By providing accurate information in the relevant boxes, businesses can meet their tax obligations and avoid penalties.
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