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rjlmccann
Level 2

Reimbursing Real Estate Commission splits

I have an LLC real estate agency client that operates under a national brokerage.   The brokerage handles all payment and reporting of commission payments to the LLC team realtors.  Two of those team realtors are also employees of the LLC.   Mid-year, the LLC decided to reimburse the 2 employee realtors for the commission withheld by the brokerage by direct check, not as part of their paychecks.

Q1:  How do I treat those reimbursements for tax purposes... I assume it's taxable income?  Q2:  Assuming it is taxable income, do I report it on the W2 (even tho it was paid outside of payroll & no taxes were withheld), or on a 1099?    If a 1099, is it a 1099-MISC or 1099-NEC?   Q3:  What is the best way to handle this going forward for 2021?

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