Quote from @Michael Smythe:
@NA Poteau how have you verified this is the owner of the property? If it is the owner, then require the directions in writing.
A bigger concern is if the owner wants you to pay funds to a name other than the owner. That you cannot really do without legally addressing the 1099 issue.
@Frank Chin not sure what you are referring to. Every PM software we've ever played with has 1099 process to create for owners and every CPA we've spoken with states they are required.
I've had several MF rentals and had followed 1099 requirements for the last 20-30 years. Here's a link on current requirements: 1099 Requirement for Landlords
The article mentioned examples in particular, and I quote:
Getting multiple 1099s as a property owner
Let’s say you own a two-story building. Your tenants are:
- A bakery renting the commercial space on the ground floor
- A grandmother and her granddaughter renting the apartment above it
They both want new A/C installed, so you pick up the units and get them running. You charge $600 for each of the units, plus another $600 apiece to install them. They pay you through direct deposit.
In this situation you’d get:
- ✓ 2 1099-NECs for A/C installation services — one from the bakery and one from the grandmother
- ✓ 1 1099-MISC for commercial rent from the bakery
- ✘ No 1099-MISC for residential rent from the grandma
- ✘ No 1099s of any kind for selling the A/C units themselves
I had CPA over the years doing my taxes and he advised me 1099 are not required on rent payments to me for the last 20 years.
Interestingly enough, I had a Software Consulting business years ago in an S-Corp, filed the Corp Tax return and got a letter from the IRS that they have records of a 1099 filed from one of my clients, and in reviewing my filing, I omitted a significant amount of income. I in fact looked into 1099's back then and I found that:
1. Being a S-Corp, there is no need for clients to file 1099 on me though there's no law against it.
2. Since I assumed my client would not be filing a 1099 on me, I issued him one invoice combining my software consulting fees and sale of computer equipment that does not go onto a 1099. The equipment costs nearly $30,000.
Apparently the book keeper at my client did not understand 1099's, what goes into it, and I heard the controller whom I gave the invoice told his book keeper, "don't issue a 1099 on this", but he did it anyway. I replied to the IRS that the 1099 combined goods and services and thus in error, providing the IRS details behind the invoice. The IRS agreed with me and advised me my client should issue a revised 1099. The IRS also advised my client of the error.
At the time, my business involved purchasing and installing accounting software, and one thing is the preparation of the software to issue 1099's, W9's, where to get the blank forms, and how to print them.
Having gone through an IRS 1099 audit, preparing clients to do 1099's, and following up on 1099 requirements for nearly 30 years for landlords, checking with my CPA, I confident there's no need for tenants issuing 1099's to me.
One more point. if the grandma in the example paid a PM, the PM in turn pays the landlord, the PM is required to issue a 1099 to the landlord. No so if grandma paid rents directly to the landlord. That's also discussed in the article. I noticed you mentioned PM software which may have caused the confusion. I get rents directly from my tenants, no PM's. Got it??