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South Dakota 1099 MISC 2022: What You Should Know

ACH payments should be paid on time as a result of changes in 1099 filing requirements for 2018. For information on the new state withholding requirement, and other reporting information, see the FAQs below: (1): How will the income tax withholding and qualification for income tax return be different from previous years? “On July 24, 2018, Gov. Eric Grates signed an executive order establishing that North Dakota income tax withholding as a requirement for the filing of tax returns. The executive order will become effective January 2, 2019, in effect extending the income tax withholding due date for calendar years 2023 through 2101. As a result of the executive order, there will be a five-year window of time during which North Dakota taxpayers will no longer be able to pay withholding taxes on a Form 1099-MISC. North Dakota Income Tax Withholding Requirements “The changes to North Dakota's withholding tax requirements, effective Dec. 23, 2016, require that taxpayers withholding North Dakota state income tax from the federal withholding tax on their taxes filed with the North Dakota Department of Revenue electronically file Form 306. If the taxpayer does not file Form 306 within its five-year filing deadline, however, that employer must immediately remit its employer-paid withholding tax to the North Dakota Department of Revenue. “As a result of the changes to North Dakota's withholding tax requirements, filing timely income tax returns during the five years following the date of such change is critical to the correct determination of what North Dakota income tax is due. Beginning with the 2023 tax year, taxpayers who paid their income tax withholding via electronic filing will have the option to file a paper version of their tax return that will be accepted without regard to whether the taxpayer paid the withholding via electronic filing. The paper return should be filed as soon as possible following the return filing deadline. The paper return must be filed no later than January 2, 2019.” (2): Who does not have to file a 1099-MISC form? “Employers and business owners with annual gross monthly revenue over 1 million. A corporation that can form a trade or business as a sole proprietor.” (3): Who does have to file a 1099? “You need to file an annual income tax return that is timely filed and contains the correct information. You must make timely payments for state income tax withholding on federal income tax returns filed with the North Dakota Department of Revenue.

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