What’s New This Year for 1099-S Reporting

We say it every year: Where did the time go?  It seems one day it’s the Fourth of July, then suddenly, its 1099 season.  We realize 1099 reporting is a thankless burden for all title agencies as most are required to report 1099 information to the IRS as well as furnish copies to sellers.  It can be an arduous task that takes our employees’ time while risking penalties from the IRS if reporting is late or done inaccurately.

But don’t panic; AccuTitle is here to help.  We will help you understand what is new this year, what important dates you need to mark on your calendar, and how to handle 1099 reporting best each year.

What’s New This Year?  …Not Much

The IRS made two small changes to 1099-S reporting for tax year 2023.  First, any entity filing 10 or more 1099-S forms with the IRS must do so electronically; the previous threshold was 250 filings.  Almost all title agencies are already using e-filing so this is not likely to affect many of you.

Second, the IRS has launched its new IRS portal for e-filing.  This allows agencies to e-file on their own with less red tape than in the previous system.  However, we recommend working with a vendor to e-file.  Many vendors, such as AccuTitle, make the process much easier, help eliminate costly errors and do not require you to apply for an IRS Transaction Control Code.  Later in this article we will discuss what to look for in a 1099 vendor.

Best Practices

• See our previous blog post or detailed best practices. In this article, we will just hit the basics:
  Have a 1099-S “Quarterback” who creates a 1099-S Plan and is responsible for all process aspects. Remember this is a year-round process, not something that you start to consider at the end of the year.
• Collect All Information Ahead of the Closing. Do not leave yourself scrambling at the end of the year to find a seller’s social security number or discover that the SSN they provided is incorrect. It will be much harder to contact them to provide this information after the transaction is completed.
• Validate All Tax IDs. The best practice is to validate tax IDs prior to the closing but at least do this prior to IRS submission. If the seller provided you with an incorrect TIN, you would likely avoid a penalty from the IRS, but you will have to endure an appeals process; just validate to avoid the headache in the first place.
• Mail 1099-S to Sellers Each Quarter. Do not wait until the end of the year. This way, you reduce the burden come January and allow the seller to identify and correct issues. You could also provide the 1099 at the closing table.
• Use A 1099-S Vendor. Do not make your staff stay late at night stuffing envelopes and then crossing your figures that no mistakes were made. Vendors can allow you to avoid all this hassle and ensure your reporting goes off without a hitch.

What Should Your Software Offer?

We recommend using a vendor to help with 1099-S reporting. Ideally, this vendor would be our title production software provider. But at the very least, ensure your title software vendor has 1) the ability to capture all required 1099 information as discrete pieces of date and 2) that the information can be exported to a 1099 vendor of your choosing.

When choosing a partner for 1099-S reporting, it is all about having a “one-stop shop” that will catch all errors ahead of reporting.

• Choose one vendor that can assist with IRS reporting and printing and mailing to sellers (a/k/a payees or transferors). You don’t want to import, validate, and track these as separate processes.
• Ensure they validate every piece of data on the 1099 form. Catching errors now prevents wasted time and money later.
• Confirm that they have tax ID verification and that it is done directly with the IRS. This is one of the most common errors we see with 1099 reporting, often time it is due to an error made by the seller or their representative.
• Make sure they have tracking or audit trail capabilities. Ultimately, you will be responsible for all 1099-S reporting so make sure they provide confirmation that 1099 reporting was completed. This should include an IRS Confirmation Number for your reference.

We cannot promise that 1099-S reporting will be easy but if you follow our advice, it will at least be easier.

*Based on the end of the IRS FIRE system maintenance window in previous years. Exact date may differ.