Office of the New York State Comptroller

Procurement and Disbursement Guidelines

Bulletin Category: Payment Processing
Bulletin Number: G-132
Date Issued: 6/4/93 Date Last Updated: 9/26/08
Bulletin Name: Federal Reporting
Purpose:

This bulletin provides agencies with voucher preparation guidelines to facilitate accurate federal reporting by New York State for payments.

Background:

Agencies process payments for services provided by entities on vouchers using the Central Accounting System (CAS). Annually, the New York State Comptroller’s Office (OSC) reports the total amount paid on CAS to entities using Internal Revenue Service Form 1099 (1099). Entities use the information on the 1099 to file and pay the appropriate State and Federal taxes. To comply with federal reporting requirements, agencies must be certain information entered on vouchers is correct.

When processing the voucher, it is important the agency know the entity’s correct tax ID number, legal name and business type. The type of business determines whether or not a 1099 is issued. Best practice for an agency to obtain this information is to request an IRS Form W-9 (Request for Taxpayer Identification Number and Certification) from the entity.

Note: If the entity does not have a tax ID number, the agency should instruct the contractor to file Form SS4 (Application for Employer Identification Number) with the IRS to obtain a number.

Payments made to business entity types such as individuals, sole proprietorships, partnerships, limited liability companies (LLC), and associations are subject to federal reporting. Corporations, including professional corporations (PCs), tax exempt entities (e.g. 501(C) (3) and Industries for the Disabled), and governmental entities, such as Corcraft, are generally exempt from federal reporting. However, payments to corporations for legal, medical and health services (including veterinary services) are reportable.

Prior to making payment to an entity the agency must determine if the entity is an employee or an independent contractor. If the entity is determined to be an independent contractor, payment is made through CAS and is subject to 1099 reporting standards. The agency issues employees payment through the New York State Payroll System and reports their wages on the IRS Form W-2 (Wage and Tax Statement). G-Bulletin 233 provides guidelines to determine whether a worker is an employee or an independent contractor.

Voucher Preparation:

When processing a payment to an entity through CAS, the agency must use a New York State voucher.

Each voucher contains an “IRS Code” field. OSC uses the information in this field to assist in the 1099 process at the end of the calendar year.

In the redesign of the Central Accounting System, the “IRS Code” field must contain a variable, regardless of whether the payment is subject to 1099 federal reporting standards. If the payment is NOT subject to 1099 federal reporting standards, enter a “B” in the “IRS Code” field, instead of leaving the field blank.

The table below lists different types of payments and the IRS Codes that correspond to these payments for use on a New York State Voucher.

Type of Payments

Payment Descriptions

IRS Codes Reported on a NYS State Voucher

Rental Payments

All payments for the rental of space or equipment

“E”

Jury Payments

Payments for individuals reporting for jury duty that are not compensated by their employer

“J”

Loan Forgiveness

Higher Education Service Corporation grants payments to attorneys, social workers, child care providers, and nursing teachers for paying off their student loans.

“P”

 

Client Payroll/Work for Pay

Human service related agencies pay wards of the state for services provided in state workshop programs:

  • Payments paid during training
  • Payments paid after training

 

 

“B”
“P”

Interest Payment

Prompt payment interest or any other payments of interest.

“P”

Prizes and Awards

Award payments intended for the use of tuition, aka a scholarship or a fellowship.

Payments for awards, prizes not relating to scholarship or fellowship and the payee was selected without action on his or her part; payee is not required to render services; and the payee did not transfer the payment to a government or tax-exempt organization.

“B”


“P”

Damages

Payments made in a settlement for:

 

  • Punitive Damages (including physical injury or sickness)

“P”

  • Non-physical injuries or sickness

“P”

  • Compensatory Damages for non-physical injuries or sickness – ex: employment discrimination or defamation

“P”

  • Damages for physical injuries or sickness

“B”

  • Damages that do not exceed the amount paid for medical care for emotional distress

“B”

  • Damages for emotional distress due to physical injuries or physical sickness

“B

Health care related payments

Payments to any medical care professional for services:
  • Medical care professional Corporations



“H”
  • Dentist
“H”
  • Health care insurers
“H”
  • Payment for health care related services
“H”
  • Payments to Governmental Hospitals
“B”
  • Pharmacies
“B”
  • Social Workers
“N”

Services

Payments to non-employees for services provided in the course of their trade or business such as professional services – including attorney fees (even if incorporated)

“N”

Oil and gas payments for a working interest whether services are provided or not
“N”
Fees paid to a non-employee including travel reimbursements of which the contractor did not account
“N”
Honorariums for personal service
“N”
Respite Care workers
“N”
Law Guardians
“N”

Aid payments to wards of the state

Difficulty of Care - payments for personal care of individuals

“B”

Personal needs payments

“B”

Travel reimbursement to individuals who are transporting these individuals

“B”

Damage Payments

“B”

Trial Placement
“B”
Room and Board
“B”
Recruitment Stipend
“N”
Respite Care – paid to the respite care provider
“N”
Reimbursement to care taker for respite care services
“B”

Settlements paid directly to attorneys

Payments made directly to an attorney for settlements or judgments
“L”

Real Estate/Land

Payments for the purchases of land
“S”
Payments of reimbursement to Real Estate Taxes
”X”

Life Insurance for military

Division of Military and Naval Affairs issues payments to state military for reimbursement of life insurance premiums over $50,000.
“N”

Travel Reimbursement

Payments to employees for reimbursement of travel in excess to per diem
“T”

Veterinarians

Payments for the medical care of animals
“H”

NYS Agency

Payments to any state entity using the NYS Federal Identification Number the agency should not enter an IRS Code. This will result in an error BCL.
“B”

NYS Employees

Services are provided to another agency, such as professor of one school speaking at another school. Extra Service approved by agency and submitted into the payroll system.

See Attachment A for an alphabetical listing of additional payee types and their related IRS Codes.

Recommendations:

Include the appropriate IRS Code in the IRS Code field on the New York State voucher.

Inaccurate IRS Codes could result in underreported income to the IRS. New York State will be fined $50 for each inaccurately reported transaction. If the IRS issues a fine for inaccurate reporting, the responsible agency will be liable for paying the fine.

Document worker classifications. The documentation must clearly indicate the agency’s determination to classify an individual as an employee or an independent contractor. Worker classification documentation must be readily available in the event of an IRS audit or an OSC examination. (Refer to G 233).

Questions: If you have any questions regarding this bulletin, please contact the Bureau of State Expenditures, Federal Reporting Unit at (518) 486-4602 or e-mail fedrep@osc.state.ny.us.