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Old 01-24-2014, 12:05 PM
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1099 for simple sale of equipment?

I used to a be partner in an incorporated lighting production company. The business was closed and the corporation was formerly dissolved in 2011. I recently sold a piece of equipment that the former corporation owned to another company for $3500. They paid me personally by check. They want me to now fill out a W9 so they can send me a 1099-Misc. I do not think that a 1099 applies in this case. Am I wrong?



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Old 01-24-2014, 01:13 PM
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Quote:
Originally Posted by mfreilly View Post
I used to a be partner in an incorporated lighting production company. The business was closed and the corporation was formerly dissolved in 2011. I recently sold a piece of equipment that the former corporation owned to another company for $3500. They paid me personally by check. They want me to now fill out a W9 so they can send me a 1099-Misc. I do not think that a 1099 applies in this case. Am I wrong?
It depends. If they want, they can do that.Theywant to deduct the buying costs on their Sch C or 1120 or etc. Aslongas the eqmt was possessed by the corp , not by you, the buyer doesn’t issue a 1099misc to the corp unless the equip was possessed under your name as a possessor; I guess as they requested you w9, the eqmt. must be possessed by you as an owner.However, UNLESS you are a professional vendor/a dealer, you do not want a 1099(since you do not want to file Sch C unless you are a professional vendor/a retailer); in general, they issue 1099-MISCs if they have or manage a trade or business and have paid $600 or more to an individual or partnership (The general rule is that they do not have to send 1099-MISCs to a corporation. The exceptions to the rule are for medical, health care, legal and attorney,
and fishing related payments.). As the eqmt is a business asset, you wat to use Form 4797 to report the gain/loss.I guess you can contact them to explain the situation as mentioned here.



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Old 01-24-2014, 02:24 PM
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Thanks for the quick reply. It's kind of a gray area sinced the equipment was a business asset (fully depreciated over the years) but now the business no longer exists. That is why they paid by check to me and I split the amount with my former partner.



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Old 01-24-2014, 02:36 PM
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as said, it is up to them; actually they do not necessarily issue you a1099;even if they pay you by their biz check, they can still deduct the exp on their return as biz exp; so i guess yu may talk to them/request them not to issue you 1099.



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