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1099 - What's a "service" vs a "product"?

 

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1099 - What's a "service" vs a "product"? - Poster Joe - 02-26-2008
Posted by - Poster Joe - on February 26, 2008, 3:28 pm
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I'm looking for a pointer to a publication that discusses what
qualifies as "services" that need to be reported on a 1099. I seem to
recall reading some detailed descriptions somewhere in the past but I
can't find them in a random search at the IRS site.

More specifically, if someone wants to comment on the specific service
I am trying to pin down: web site development. My question involves
purchasing a custom web site from another party - is this a purchase
of a product or a service? In this case, the web site developer does
all of the work as a strictly defined independent contractor who meets
with the client, learns about the business, then works independently
to create a custom web site for the client, finally delivering the
completed product (HTML files, graphics, etc) to the client.

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Posted by Paul Thomas, CPA on February 26, 2008, 5:27 pm
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> I'm looking for a pointer to a publication that discusses what
> qualifies as "services" that need to be reported on a 1099. I seem to
> recall reading some detailed descriptions somewhere in the past but I
> can't find them in a random search at the IRS site.
>
> More specifically, if someone wants to comment on the specific service
> I am trying to pin down: web site development. My question involves
> purchasing a custom web site from another party - is this a purchase
> of a product or a service? In this case, the web site developer does
> all of the work as a strictly defined independent contractor who meets
> with the client, learns about the business, then works independently
> to create a custom web site for the client, finally delivering the
> completed product (HTML files, graphics, etc) to the client.






You would issue a 1099 to them for that work. It's not like you bought a
manufactured web site that's been sitting on someone's shelf since November.
It's also highly likely that you're going to be paying this guy to maintain
it for some time.




--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Benjamin Yazersky CPA on February 27, 2008, 7:55 am
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> I'm looking for a pointer to a publication that discusses what
> qualifies as "services" that need to be reported on a 1099. I seem to
> recall reading some detailed descriptions somewhere in the past but I
> can't find them in a random search at the IRS site.
>
> More specifically, if someone wants to comment on the specific service
> I am trying to pin down: web site development. My question involves
> purchasing a custom web site from another party - is this a purchase
> of a product or a service? In this case, the web site developer does
> all of the work as a strictly defined independent contractor who meets
> with the client, learns about the business, then works independently
> to create a custom web site for the client, finally delivering the
> completed product (HTML files, graphics, etc) to the client.
>
> --



If in doubt, issue the 1099.

>From your description, I'd say the 1099 should be issued.
And check your state rules, they may want a copy of the 1099.




<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----





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--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by - Poster Joe - on February 27, 2008, 11:51 am
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On Wed, 27 Feb 2008 07:55:21 EST, Benjamin Yazersky CPA

>> More specifically, if someone wants to comment on the specific service
>> I am trying to pin down: web site development. My question involves
>> purchasing a custom web site from another party - is this a purchase
>> of a product or a service? In this case, the web site developer does
>> all of the work as a strictly defined independent contractor who meets
>> with the client, learns about the business, then works independently
>> to create a custom web site for the client, finally delivering the
>> completed product (HTML files, graphics, etc) to the client.
>>
>If in doubt, issue the 1099.
>
>>From your description, I'd say the 1099 should be issued.
>And check your state rules, they may want a copy of the 1099.

Benjamin:

I hear what you guys are saying and I always play it conservative.
But, I know the web guy (close friend) has a bigger issue - none of
his clients send him 1099's. He'd like to nail this properly and not
create an inconsistency. For me, I have a similar issue with another
vendor type of that I need to pin down after this one.

Is there a publication that describes what a "service" is in detail? I
remember reading grimy details of something on-line similar back when
I had a Corp and there was a question of whether I was a PSC or not. I
found an on-line IRS resource - forget where - that had the details
right down to recent letter rulings on the issue. (Turned out "not a
PSC" based on a very fine point I found that was acceptable to my
CPA). But, somewhere out there there was a pub or IRS data store that
had very detailed information on the rules and rulings.

Is there something like that out there for 1099's?

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Allan Martin on February 27, 2008, 2:30 pm
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> On Wed, 27 Feb 2008 07:55:21 EST, Benjamin Yazersky CPA
>
>>> More specifically, if someone wants to comment on the specific service
>>> I am trying to pin down: web site development. My question involves
>>> purchasing a custom web site from another party - is this a purchase
>>> of a product or a service? In this case, the web site developer does
>>> all of the work as a strictly defined independent contractor who meets
>>> with the client, learns about the business, then works independently
>>> to create a custom web site for the client, finally delivering the
>>> completed product (HTML files, graphics, etc) to the client.
>>>
>>If in doubt, issue the 1099.
>>
>>>From your description, I'd say the 1099 should be issued.
>>And check your state rules, they may want a copy of the 1099.
>
> Benjamin:
>
> I hear what you guys are saying and I always play it conservative.
> But, I know the web guy (close friend) has a bigger issue - none of
> his clients send him 1099's. He'd like to nail this properly and not
> create an inconsistency. For me, I have a similar issue with another
> vendor type of that I need to pin down after this one.

The fact that the clients do not send a 1099 is their problem, it is
certainly not your friends problem. This is a non-issue. It is up to the
taxpayer to report his taxable service income. The non-receipt of a 1099(s)
should not factor into the amount reported.


>
> Is there a publication that describes what a "service" is in detail? I
> remember reading grimy details of something on-line similar back when
> I had a Corp and there was a question of whether I was a PSC or not. I
> found an on-line IRS resource - forget where - that had the details
> right down to recent letter rulings on the issue. (Turned out "not a
> PSC" based on a very fine point I found that was acceptable to my
> CPA). But, somewhere out there there was a pub or IRS data store that
> had very detailed information on the rules and rulings.
>
> Is there something like that out there for 1099's?
>
> --
> << ------------------------------------------------------- >>
> << The foregoing was not intended or written to be used, >>
> << nor can it used, for the purpose of avoiding penalties >>
> << that may be imposed upon the taxpayer. >>
> << >>
> << The Charter and the Guidelines for submitting posts >>
> << to this newsgroup as well as our anti-spamming policy >>
> << are at www.asktax.org. >>
> << Copyright (2007) - All rights reserved. >>
> << ------------------------------------------------------- >>

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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