PURPOSE: This rule specifies methods of reporting miscellaneous income from Missouri sources.

1. (1) Filing Requirements.

   1. (A) Statement Required. All individuals, businesses and corporations who are required to make a federal at source information report and who make payments to a nonresident of rents, royalties, commissions, prizes, awards, other forms of compensation or other forms of fixed or determinable gains, profits or income having an annual combined worth of one thousand two hundred dollars ($1,200) or more, which are not subject to withholding and not a part of an information report of S corporations or partnerships, must file an annual statement of those payments regardless of the manner or form in which payment is made. However, annual statements will not be required of any individual, business or corporation making those payments to Missouri residents.
   2. (B) Form of Statement: Missouri Form 99 MISC which is comparable to federal Form 1099 MISC must be used. Copy 1 must be filed with the Department of Revenue with Form 96, Annual Summary and Transmittal of Information Returns. Copy 2 must be provided to the recipient. Copy 3 is the payer’s copy and is optional. A copy of federal Form 1099 MISC may be used as a substitute for Missouri Form 99 MISC, if copies are clearly marked: Copy 1 Missouri copy and Copy 2 information supplied to the Missouri Department of Revenue.
   3. (C) Due Dates. Information statements shall be filed with the Department of Revenue on or before February 28 of each year for the previous calendar year, except where extension of time to file has been approved by the director or by the Internal Revenue Service, and a copy provided to recipients by January 31.
2. (2) Optional Magnetic Tape Reporting. Individuals, businesses and corporations with computer capabilities may use magnetic tape to file information at source payments. The requirements for magnetic tape reporting is desired by those who do not file under the combined federal state program. A written request must be furnished to the Department of Revenue for approval outlining the proposed requirements.
3. (3) Penalty. In each case of failure to file a copy of the statement required by this section, (determined with regard to any extension of time to file) unless it is shown that the failure is due to reasonable cause and not willful neglect, there shall be paid upon notice and demand by the director of revenue, and in the same manner as tax, by the person so failing to file, a penalty of two dollars ($2) for each statement not so filed but the total amount imposed on the delinquent person for all failures during any calendar year shall not exceed one thousand dollars ($1,000). 12 CSR 10-2

AUTHORITY: section 143.591, RSMo 1994.* Original rule filed Jan. 15, 1985, effective June 13, 1985.

*Original authority: 143.591, RSMo 1972.