Payments for software, digital content and cloud transactions are among the most challenging types of payments to correctly analyze for IRS Form 1099 or 1042-S reporting compliance. Should a payment be characterized as a royalty, a rental, a goods purchase or a service? How are these types of income to be “sourced” either within or outside of the United States? This presentation will bring you up to date with the most recent official IRS guidance and instructions.
- How the tax regulations interact with definitions from copyright law
- Tax regulations which classify transactions involving computer programs
- How proposed regulations, REG-130700-14, answer some important questions – but not all
- How these various tax treatments are reported to the IRS on Form 1099-MISC, Form 1099-NEC and Form 1042-S
- Analyze payment transactions to correctly determine whether to treat them as rentals, royalties, services, or nonreportable payments for merchandise
Marianne Couch, JD - Principal, Cokala Tax Information Reporting Solutions, LLC
Marianne Couch, JD, is a Principal in the Cokala tax group and an experienced and well-known advisor on U.S. federal and state tax information reporting compliance. She is a frequent lecturer at major tax conferences and the author of The Master Guide to Form 1099 Compliance, The Master Guide to Form 1042-S Compliance and numerous published articles. Prior to co-founding Cokala in 2007, she was for many years the Research Director of the tax reporting specialty firm Balance Consulting, and chaired special training and advisory services provided to large organizations and academic and nonprofit institutions.
Marianne was an appointee for three years to the IRS Commissioner’s Information Reporting Program Advisory Committee (IRPAC), where she was Chair of the IRPAC Subcommittee on Small Business and Self-Employed (SBSE) tax issues.
Marianne formerly served as a Research Attorney for the Michigan Court of Appeals, and earlier as a litigator for a large Michigan law firm, where she represented individuals and large clients in many types of civil actions. She received her JD, cum laude, from the Michigan State University School of Law, and is a member of the State Bar of Michigan.
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