Electronic Form 592-B Requirements
A withholding agent (or payer) may provide a paper Form 592-B, Resident and Nonresident Withholding Tax Statement, to a payee in an electronic format if the agent meets the requirements listed below.
The payee must consent to receive Form 592-B in an electronic format. The consent may be made electronically in any manner that reasonably demonstrates that the payee can access Form 592-B. Alternatively, the consent may be made in a paper document if it is confirmed electronically.
Withdrawal of consent
The consent requirement is not satisfied if the payee withdraws the consent and the withdrawal takes effect before Form 592-B is provided. The withholding agent or payee may provide that a withdrawal of consent takes effect either on the date the withholding agent receives it, or on a subsequent date. The withholding agent may also provide that a request for a paper Form 592-B will be treated as a withdrawal of consent.
Change in hardware or software requirements
If a change takes place in the hardware or software required to access Form 592-B and it creates a material risk in which the payee will not be able to access Form 592-B, the withholding agent must notify the payee prior to the change. The notice must describe the revision and inform the payee that they must provide a new consent or confirmation of consent to the withholding agent.
The following examples illustrate the consent rules:
The withholding agent sends the payee a letter stating that the payee may consent to receive Form 592-B electronically on a website instead of in a paper format. The letter contains instructions explaining how to consent to receive Form 592-B electronically by downloading the consent document from a website. The payee reads the instructions and submits the consent in the manner provided in the instructions. The payee has consented to receive Form 592-B electronically in the manner described in these requirements.
The withholding agent sends the payee an email stating that the payee may consent to receive Form 592-B electronically instead of in a paper format. The email contains an attachment instructing the payee how to consent to receive the Form 592-B electronically. The email attachment uses the same electronic format the withholding agent will use for the electronically furnished Form 592-B. The payee opens the attachment, reads the instructions, and submits the consent in the manner provided in the instructions. The payee has consented to receive Form 592-B electronically in the manner described in these requirements.
The withholding agent posts a notice on its website stating that the payee may receive Form 592-B electronically instead of in a paper format. The website contains instructions on how the payee may access a secure webpage and consent to receive the Form 592-B electronically. By accessing the secure webpage and giving consent, the payee has consented to receive Form 592-B electronically in the manner described in these requirements.
The withholding agent must provide the payee with a clear and conspicuous disclosure statement that contains each of the disclosures described below. The statement must be provided prior to or at the time of the payee’s consent.
Paper Form 592-B
The withholding agent will provide Form 592-B in a paper format if the payee does not consent to receive it electronically.
Scope and duration of consent
The payee must be informed of the scope and duration of the consent. Consent applies to either:
- Forms 592-B furnished every year after the consent is given until it is withdrawn.
- Only Forms 592-B required to be furnished on or before the January 31 of the year immediately following the date on which the consent is given.
Post-consent request for a paper Form 592-B
The payee must be informed of any procedure for obtaining a paper copy of Form 592-B after giving the consent, and whether a request for a paper Form 592-B will be treated as a withdrawal of consent.
Withdrawal of consent
The payee must be informed of all of the following:
- The payee may withdraw consent in writing (by email or U.S. mail) to the person or department whose name, mailing address, telephone number, and email address is provided in the disclosure statement.
- The withholding agent will confirm in writing (by email or U.S. mail) the withdrawal and the effective date on which it takes effect.
- A withdrawal of consent does not apply to a Form 592-B that was furnished electronically before the date on which the withdrawal of consent takes effect.
Notice of termination
The payee must be informed of the conditions under which a withholding agent will cease furnishing Forms 592-B electronically to the payee.
The withholding agent must inform the payee of the procedures to update the payee’s contact information. The withholding agent must inform the payee of any change in the withholding agent's contact information.
Hardware and software requirements
The withholding agent must provide the payee with a description of the hardware and software required to access, print, and retain Form 592-B, and the date when Form 592-B will no longer be available on the website.
The electronic version of Form 592-B must contain all required information and comply with applicable standard procedures related to substitute Form 592-B.
The withholding agent must notify the payee if Form 592-B is available online with instructions for how to locate, download, and print the form. The notice may be delivered by email, U.S. mail, or in person. The notice must include the following statement in capital letters, “IMPORTANT TAX RETURN DOCUMENT AVAILABLE.” If the notice is provided by email, the foregoing statement must be on the subject line.
Undeliverable email address
If an email is returned as undeliverable, and the withholding agent cannot obtain the payee’s correct email address from their records or from the payee, then the withholding agent must furnish the notice by mail or in person within 30 days after the email is returned as undeliverable.
Corrected Forms 592-B
If a withholding agent corrects a payee's Form 592-B, the agent must furnish the corrected form within 30 business days by the same method the payee used to send it to the withholding agent (such as in writing via email or U.S. mail, as an online post, or in person). The corrected Form 592-B or the notice must be furnished by mail or in person if either of the following occurs:
- An electronic notice of the website posting of an original Form 592-B was returned as undeliverable.
- The payee has not provided a new email address.
Forms 592-B furnished on a website must be retained on the website through October 15 of the year following the calendar year to which the Forms 592-B relate. The withholding agent must maintain access to corrected Forms 592-B that are posted on the website through October 15 of the year following the calendar year to which the Forms 592-B relate or 90 days after the corrected Forms 592-B are posted, whichever is later.
Paper Form 592-B after withdrawal of consent
If a payee withdraws consent to receive a Form 592-B electronically and the withdrawal takes effect before Form 592-B is furnished electronically, the withholding agent must furnish a paper Form 592-B. A paper Form 592-B furnished after the Form 592-B due date will be considered timely if furnished within 30 days after the date the withdrawal of consent is received by the withholding agent.
These requirements apply to Forms 592-B required to be furnished after January 1, 2011.