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Sec. 1.6044-5 Statements to recipients of patronage dividends.

(a) Requirement.

A person required to make an information return under section 6044(a)(1) and section 1.6044-2 must furnish a statement to each recipient whose identifying number is required to be shown on the related information return for patronage dividends paid.

(b) Form, manner, and time for providing statements to recipients.

The statement required by paragraph (a) of this section must be either the official Form 1099 prescribed by the Internal Revenue Service for the respective calendar year or an acceptable substitute statement. The rules under section 1.6042-4 (relating to statements with respect to dividends) apply comparably in determining the form of an acceptable substitute statement permitted by this section. Those rules also apply for purposes of determining the manner of and time for providing the Form 1099 or its acceptable substitute to a recipient under this section. However, each Form 1099 or acceptable substitute statement required by this section must be furnished on or before January 31 of the following year, but no statement may be furnished before the final payment has been made for the calendar year. For a statement required to be furnished after December 31, 2008, the February 15 due date under section 6045 applies to the statement if the statement is furnished in a consolidated reporting statement under section 6045. See §§ 1.6045-1(k)(3), 1.6045-2(d)(2), 1.6045-3(e)(2), 1.6045-4(m)(3), and 1.6045-5(a)(3)(ii). An IRS truncated taxpayer identifying number (TTIN) may be used as the identifying number of the recipient in lieu of the identifying number appearing on the corresponding information return filed with the Internal Revenue Service. For provisions relating to the use of TTINs, see § 301.6109-4 of this chapter (Procedure and Administration Regulations).

(c) Cross-reference to penalty.

For provisions relating to the penalty provided for failure to furnish timely a correct payee statement required under section 6044(e), see section 301.6722-1 of this chapter (Procedure and Administration Regulations). See section 301.6724-1 of this chapter for the waiver of a penalty if the failure is due to reasonable cause and is not due to willful neglect.

(d) Effective/applicability date.

This section is effective for payee statements due after December 31, 1995, without regard to extensions. The amendments to paragraph (b) are effective for payee statements due after December 31, 2014. For payee statements due before January 1, 2015, § 1.6044-5(b) (as contained in 26 CFR part 1, revised April 2013) shall apply.

[T.D. 6628, 27 FR 12799, Dec. 28, 1962, as amended by T.D. 6879, 31 FR 3493, Mar. 8, 1966; T.D. 7529, 42 FR 64690, Dec. 28, 1977. Revised by T.D. 8637, 60 FR 66105-66134, Dec. 21, 1995, as amended by T.D. 8734, 62 FR 53387-53498, Oct. 14, 1997; T.D. 9504, 75 FR 64072-64105, Oct. 18, 2010; T.D. 9675, 79 FR 41127-41132, July 15, 2014.]

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