To 1099, or not to 1099 a wholesaler

To 1099, or not to 1099 a wholesaler

Lender · Yorba Linda, CA · Member since 2014 · 68 posts · 20 votes

Quick question. Should I be getting a W9 from a wholesaler that I started working with? We did an assignment agreement but wanted to know if I should be sending a W9 as well.

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
12y

If you want to be able to deduct your payments to him.......yes.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    If you want to be able to deduct your payments to him.......yes.

  • J ScottPro Member
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    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    12y

    Agreed with Wayne...though I'll add that if the fee was paid at closing (on the HUD-1), you wouldn't need to 1099 the wholesaler, as the fee technically would be coming from the closing agent who disbursed the funds.

  • Lender · Yorba Linda, CA · Member since 2014 · 68 posts · 20 votes
    12y

    ok. Don't know if it'll show on the HUD but the funds are being held by escrow for sure. Thanks for the responses

  • Investor · Charleston, SC · Member since 2018 · 32 posts · 34 votes
    5y

    Hey @J Scott I know this is from ages ago but does the fee on the HUD-1 paid at closing necessitate the wholesaler receives a 1099 from the closing attorney / escrow agent?

  • J ScottPro Member
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    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    5y
    Originally posted by @Gabriel Johnson:

    Hey @J Scott I know this is from ages ago but does the fee on the HUD-1 paid at closing necessitate the wholesaler receives a 1099 from the closing attorney / escrow agent?

    I'm not a tax attorney (or any type of tax or legal professional), so I don't know the *technical* answer to that question.  But, I have certainly seen title companies send 1099s to those who have appeared on the settlement statement receiving more than $600.

    Is it required?  I'm not sure.  It's certainly not required if the receive is an incorporated business entity.  But, otherwise, I don't know if the IRS requires this reporting or not.

  • Investor · Charleston, SC · Member since 2018 · 32 posts · 34 votes
    5y

    @J Scott Thanks for the feedback! I'll talk to my CPA about it.

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