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U.S. Federal Income Tax

Subjugation by taxation

A 6041A Reportable Payment Is...

Table of Contents

        A 6041A Reportable Payment Is determined under the Treasury Regulations.

TITLE 26 - INTERNAL REVENUE CODE
Subtitle F - Procedure and Administration
CHAPTER 61 - INFORMATION AND RETURNS
Subchapter A - Returns and Records
PART III - INFORMATION RETURNS
Subpart B - Information Concerning Transactions With Other Persons
Sec. 6041A. Returns regarding payments of remuneration for services and direct sales

(e) Statements to be furnished to persons with respect to whom information is required to be furnished
Every person required to make a return under subsection (a) or (b) shall furnish to each person whose name is required to be set forth in such return a written statement showing -

(1) the name, address, and phone number of the information contact of the person required to make such return, and

(2) in the case of subsection (a), the aggregate amount of payments to the person required to be shown on such return.



        "Every person required to make a return under subsection (a) or (b)" indicates two categories of person that this particular IRC section applies to.  The first is the "service-recipient".

Internal Revenue Code
Sec. 6041A. Returns regarding payments of remuneration for services and direct sales

(a) Returns regarding remuneration for services
If - (1) any service-recipient engaged in a trade or business pays in the course of such trade or business during any calendar year remuneration to any person for services performed by such person, and (2) the aggregate of such remuneration paid to such person during such calendar year is $600 or more, then the service-recipient shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the recipient of such payments.

For purposes of the preceding sentence, the term "service- recipient" means the person for whom the service is performed.


        The "service-recipient shall make a return, according to the ... regulations prescribed by the Secretary".  If an information return for a payment is not prescribed by regulation, then that payment is NOT a "reportable payment".  If the "service-recipient" is not required to make a return regarding a payment, then that payment is NOT a "reportable payment".  No reportable payment: No backup withholding requirement.


        "Every person required to make a return under subsection (a) or (b)" indicates two classes or types of person that this particular IRC section applies to.  The second is a person who sells consumer products, blah, blah.

Internal Revenue Code
Sec. 6041A. Returns regarding payments of remuneration for services and direct sales
(b) Direct sales of $5,000 or more
(1) In general
If -

(A) any person engaged in a trade or business in the course of such trade or business during any calendar year sells consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis which the Secretary prescribes by regulations, for resale (by the buyer or any other person)... then such person shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth the name and address of the buyer to whom such sales are made.

        "Any person" blah, blah, "then such person shall make a return, according to the ... regulations prescribed by the Secretary."  If an information return for a payment is not prescribed by regulation, then that payment is NOT a "reportable payment".  No reportable payment: No requirement to furnish an identifying number.  No reportable payment: No backup withholding requirement for failure to furnish a number.



Internal Revenue Code
Sec. 6041A. Returns regarding payments of remuneration for services and direct sales

(f) Recipient to furnish name, address, and identification number; inclusion on return

(1) Furnishing of information
Any person with respect to whom a return or statement is required under this section to be made by another person shall furnish to such other person his name, address, and identification number at such time and in such manner as the Secretary may prescribe by regulations.

(2) Inclusion on return
The person to whom an identification number is furnished under paragraph (1) shall include such number on any return which such person is required to file under this section and to which such identification number relates.

        "Any person" (payment recipient) "with respect to whom a return or statement is required under this section ... shall furnish ... his ... identification number ... in such manner as the Secretary may prescribe by regulations."  If furnishing a payment recipient's identification number is not "prescribed by regulations", then the payment to the recipient is NOT a "reportable payment".

        Three times we have been told by the IRC section above, that the regulations determine who's number must be given to the person making payments.


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