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What are IRS Reporting Requirements for Cooperative Commissions?
Brokers who don't currently practice collecting a W-9 from Cooperating Brokers for ALL real estate transactions might be in for a shock... The National Association of Realtors has advised its members that listing brokers are required to report real estate commission payments for cooperating brokers on Form 1099-MISC.  Details of this reporting requirement can be found on the NAR website, www.realtor.org, under the Law and Policy section*.   
To be in compliance, listing brokers must obtain a completed and signed W-9 form for each cooperating broker participating in any and all real estate transactions. 
 
While this is common practice for lease transactions, many brokers are under the false impression that collecting a W-9 and issuing a 1099-MISC is not required for transactions that are settled through a title company. The mistaken rationale is that listing brokers  don't receive the funds disbursed at title to cooperating brokers, and therefore, don't wash the funds through the brokerage account.  This rationale may also be reinforced or provided by tax, accounting, and legal professionals who aren't aware or are unfamiliar with the IRS rules for real estate brokerage reporting requirements. 
 
The reality is, "these filing requirements exist even if the listing broker is not directly paying ... more

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