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Norwalk California online Form 1099-CAP: What You Should Know
A business that receives cash dividends from a corporation that is in a reorganization, merger, or similar transaction can use Form 1099-CAP. A transferor of stock or property that acquires control over some other asset can use Form 1099-CAP. A shareholder must report the change in ownership or control. The recipient's income for the taxable period in which the transaction or event occurs should be reported directly to the IRS and not to the recipient. Form 1099-CAP is not required to be filed by the non-resident, who is the shareholder, if the amount of the transfer is less than the fair market value of the transferred shares or if the transferor has sufficient funds to permit the recipient (the shareholder) to be taxed at ordinary income rates that apply to other shareholders. (Note: If you transfer a percentage ownership interest in business that is held primarily with borrowed money or shares of stock in a non-U.S. corporation. In this case, Form 1099-CAP is not required.) A transfer of rights and privileges does not result in a required Form 1099-CAP. If you are a resident alien or a nonresident alien who is a shareholder as defined by the Code and you have an outstanding position in U.S. shares and the transaction is not related to an acquisition of control, you can use form 1099-B. When filing Form 1099-B or Form 1099-C for an acquisition of control, Form 1099-CAP can be amended on a timely basis if the change in control occurs on or before the due date for filing the Form 1099-B or Form 1099-C. The effective date is the latter of (1) the day after the due date for filing the tax return for the current tax year, or (2) the due date for filing a Form 1099-B or Form 1099-C. Who Must Files Forms 1099-CAP? In general, any person who receives cash, stock, or property that represents a change of control is required to follow the rules for filing a Form 1099-CAP. This includes a corporation that is in a reorganization, merger, or similar transaction or an exchange of stock within a three-year period or a 1099 exchange.
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