peggysioux5 Posted March 9 Report Posted March 9 Taxpayer received a 1099-MISC showing a figure in box 10 (gross proceeds paid to an attorney) of $480. Box 15, nonqualified deferred compensation shows an amount of $1610. IRS states: Box 15. Nonqualified Deferred Compensation Enter all amounts deferred (including earnings on amounts deferred) that are includible in income under section 409A because the NQDC plan fails to satisfy the requirements of section 409A. Do not include amounts properly reported on a Form 1099-MISC, corrected Form 1099-MISC, Form W-2, or Form W-2c for a prior year. Also, do not include amounts that are considered to be subject to a substantial risk of forfeiture for purposes of section 409A. For additional information, see Regulations sections 1.409A-1 through 1.409A-6; Notice 2008-113, available at IRS.gov/irb/2008-51_IRB#NOT-2008-113; Notice 2008-115; Notice 2010-6, available at IRS.gov/irb/2010-03_IRB#NOT-2010-6; and Notice 2010-80, available at IRS.gov/irb/2010-51_IRB#NOT-2010-80. I have never come across a 1099-MISC with an entry in box 15. In my research, I read that the amount should be included in income and there is a substantial penalty that goes along with the amount in box 15; however, I see nothing in in my tax software that references the penalty that applies to 409A. Any help would be greatly appreciated. Would the amount in box 15 be considered self-employment income?? What is the penalty percentage?? Taxpayer only included the figure in box 10 as income. Peggy Sioux Quote
BulldogTom Posted March 9 Report Posted March 9 NQDC normally shows up in Box 11 on a W2 from the employer. Is your client a former employee of the Payer? I would check with the payer for the payments that back up their reporting. Just a hunch, but I would say the preparer of the 1099MISC made a keypunch error..... Tom Longview, TX Quote
Lee B Posted March 9 Report Posted March 9 What is the relationship between your client and the issuer of the 1099 Misc? 1 Quote
peggysioux5 Posted March 10 Author Report Posted March 10 Spoke with the taxpayer and he has no deferred compensation plan; the issuer of the 1099 Misc made an error as Tom suggested in his post. 1 Quote
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