Two brothers co-own a piece of farm land rental. This year the new renter issued only one 1099-MISC for the total rent he paid to only the older brother. How do you handle the 1099-MISC the older brother received. As box 1 included the younger brother's share of the rent.
Either the tenant can amend the original 1099 to 50% and issue a second 1099 to the other brother.
or
The brother who received the full amount acts as nominee and issues a 1099 to his brother for his brother’s share.
Are you sure the property is co-owned? Why did the tenant just pay one brother? Why did the brother cash that check? Is there a lease with both brothers' names on it as lessors? Explain to the one brother that to avoid this problem next year, he and the tenant should be more careful this year.
For now, how much money is involved? $800, or $80,000? If it really doesn't amount to a hill of soybeans, the brother with the 1099 can deduct half of it as rent and no one at IRS will notice or care. If it's a large amount, then have him file the 1099 as a nominee distribution. And charge him enough that he has an incentive to prevent the problem next year.
You have clicked a link to a site outside of the Intuit Accountants Community. By clicking "Continue", you will leave the community and be taken to that site instead.