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Misconceptions

Understanding the 1099-NEC form can be confusing. Here are nine common misconceptions about this important tax document:

  • Misconception 1: The 1099-NEC is only for employees.
  • The 1099-NEC is actually used to report payments made to non-employees, such as independent contractors and freelancers.

  • Misconception 2: You can download and print Copy A from the IRS website for filing.
  • Copy A is provided for informational purposes only and should not be printed from the website. Doing so may result in penalties.

  • Misconception 3: All copies of the 1099-NEC can be printed from the IRS website.
  • Only Copies B and other copies can be downloaded and printed. Copy A must be ordered directly from the IRS.

  • Misconception 4: The 1099-NEC is only for reporting income over $600.
  • This form must be filed for any nonemployee compensation of $600 or more during the calendar year.

  • Misconception 5: You do not need to file a 1099-NEC if no federal tax was withheld.
  • Even if no federal tax was withheld, the 1099-NEC must still be filed if payments meet the reporting threshold.

  • Misconception 6: You don’t have to report 1099-NEC income if you don’t receive a form.
  • All income must be reported on your tax return, even if you do not receive a 1099-NEC.

  • Misconception 7: The 1099-NEC is the same as a W-2.
  • The 1099-NEC and W-2 serve different purposes. The W-2 is for employees, while the 1099-NEC is for non-employees.

  • Misconception 8: You can ignore the 1099-NEC if you are a small business.
  • All businesses, regardless of size, must comply with 1099-NEC reporting requirements if they pay non-employees.

  • Misconception 9: You can file the 1099-NEC electronically or by mail at your convenience.
  • There are specific deadlines for filing the 1099-NEC, whether electronically or by mail, that must be adhered to avoid penalties.

By clarifying these misconceptions, individuals and businesses can better navigate their tax responsibilities related to the 1099-NEC form.

File Details

Fact Name Description
Purpose The 1099-NEC form is used to report nonemployee compensation, typically for independent contractors and freelancers.
Filing Deadline For the tax year 2022 and onwards, the form must be filed with the IRS by January 31st of the following year.
Copy A Requirements Copy A of the form must be an official printed version from the IRS. Downloaded versions cannot be filed as they are not scannable.
Recipient's Responsibilities Recipients must report the income shown on the 1099-NEC on their tax returns, even if no taxes were withheld.
State-Specific Filing Some states require their own versions of the 1099-NEC. Check state laws for specific filing requirements.
Electronic Filing The IRS allows electronic filing of the 1099-NEC through the FIRE system, which can simplify the submission process.

Key takeaways

Here are some important points to remember when filling out and using the 1099-NEC form:

  • Copy A is for informational purposes only. It appears in red and should not be printed from the IRS website for filing.
  • Only the official printed version of Copy A is scannable. Filing with a non-scannable version may lead to penalties.
  • Copy B and other copies can be downloaded and printed. These can be used to provide information to the recipient.
  • To obtain official IRS forms, visit the IRS website and order the necessary copies.
  • The 1099-NEC can be filed electronically using the IRS FIRE system or the AIR program.
  • Report nonemployee compensation in Box 1. This amount must be included in the recipient's income tax return.
  • If the payer sold consumer products totaling $5,000 or more for resale, check Box 2.
  • Backup withholding may apply if the recipient did not provide their taxpayer identification number (TIN).
  • Stay updated on any changes related to the 1099-NEC by visiting the IRS website.

Dos and Don'ts

When filling out the 1099-NEC form, consider the following guidelines:

  • Ensure you use the official IRS form for Copy A.
  • Do not print and file Copy A downloaded from the IRS website.
  • Provide accurate information for the payer’s and recipient’s TINs.
  • Complete all required fields, including names and addresses.
  • Use black ink for printing Copy B and other copies for recipients.
  • File the form electronically if possible, using the IRS FIRE system.
  • Make sure to report any federal and state tax withheld accurately.
  • Keep a copy of the completed form for your records.
  • Check for any corrections needed before submitting the form.
  • Submit the form by the deadline to avoid penalties.

Things to avoid when filling out the 1099-NEC form:

  • Do not leave any mandatory fields blank.
  • Avoid using a downloaded Copy A from the IRS website.
  • Do not mix up the payer’s and recipient’s information.
  • Refrain from filing late to avoid penalties.
  • Do not ignore instructions related to backup withholding.
  • Do not forget to verify the accuracy of all reported amounts.
  • Avoid using colored ink when filling out copies for recipients.
  • Do not submit the form without checking for errors.
  • Do not fail to keep a copy for your records.
  • Do not overlook the requirement to provide copies to recipients.

Common mistakes

  1. Incorrect Payer Information: Failing to provide accurate details for the payer, including name, address, and Tax Identification Number (TIN), can lead to processing delays and potential penalties.

  2. Missing Recipient TIN: Omitting the recipient's TIN is a common mistake. This information is essential for the IRS to correctly identify the taxpayer and ensure proper tax reporting.

  3. Improper Reporting of Nonemployee Compensation: Reporting amounts in the wrong box or failing to report all nonemployee compensation can result in discrepancies. It is crucial to accurately fill in Box 1 for nonemployee compensation.

  4. Using the Wrong Version of the Form: Submitting a downloaded version of Copy A instead of an official printed version can lead to penalties. Only official forms should be filed with the IRS.

  5. Neglecting State Reporting: Failing to report state income tax withheld or not providing the correct state identification number can cause issues with state tax authorities. Ensure all relevant state information is included.

What You Should Know About This Form

  1. What is the 1099-NEC form?

    The 1099-NEC form is used to report nonemployee compensation. This means that if you have paid someone who is not your employee—like a freelancer or independent contractor—$600 or more in a calendar year, you need to file this form with the IRS. It is important for both the payer and the recipient, as it helps ensure that all income is reported for tax purposes.

  2. Who needs to file a 1099-NEC?

    Any business or individual that pays a nonemployee $600 or more in a year for services rendered must file a 1099-NEC. This includes payments made to independent contractors, freelancers, and other service providers. If you are a business owner or self-employed, you are responsible for issuing this form to the recipients and filing it with the IRS.

  3. When is the 1099-NEC due?

    The 1099-NEC form is typically due to the IRS by January 31 of the year following the tax year in which the payments were made. If January 31 falls on a weekend or holiday, the due date may shift to the next business day. Additionally, recipients must receive their copies of the form by the same date, ensuring they have the necessary information for their tax returns.

  4. How do I obtain a 1099-NEC form?

    You can download and print copies of the 1099-NEC form, but be cautious. Only the versions provided by the IRS are scannable. For filing with the IRS, you must order the official printed version of the form, which is available through the IRS website. Visit www.IRS.gov/orderforms to request the necessary forms.

  5. What happens if I file a 1099-NEC incorrectly?

    If you realize that you filed a 1099-NEC with incorrect information, you must correct it by filing a new form. If you fail to file correctly, you may face penalties from the IRS. It’s essential to double-check all information, including names, taxpayer identification numbers (TINs), and amounts, before submission.

  6. What should recipients do with the 1099-NEC they receive?

    Recipients of the 1099-NEC should keep the form for their records, as it contains important tax information. If they are not considered employees, they must report the income on their tax returns. Depending on the nature of the income, they may need to file additional forms, such as Schedule C for self-employment income.

  7. Is there a penalty for not filing a 1099-NEC?

    Yes, there can be penalties for failing to file a 1099-NEC or for filing it late. The penalties vary based on how late the form is filed and the size of the business. It is crucial to meet the filing deadlines to avoid these potential penalties.

  8. Can I file the 1099-NEC electronically?

    Yes, the IRS allows electronic filing of the 1099-NEC through the Filing Information Returns Electronically (FIRE) system. This can be a more efficient way to submit your forms, especially if you have multiple forms to file. For more information, visit www.IRS.gov/FIRE.

1099 Nec Example

Attention:

Copy A of this form is provided for informational purposes only. Copy A appears in red, similar to the official IRS form. The official printed version of Copy A of this IRS form is scannable, but the online version of it, printed from this website, is not. Do not print and file copy A downloaded from this website; a penalty may be imposed for filing with the IRS information return forms that can’t be scanned. See part O in the current General Instructions for Certain Information Returns, available at www.irs.gov/form1099, for more information about penalties.

Please note that Copy B and other copies of this form, which appear in black, may be downloaded and printed and used to satisfy the requirement to provide the information to the recipient.

To order official IRS information returns, which include a scannable Copy A for filing with the IRS and all other applicable copies of the form, visit www.IRS.gov/orderforms. Click on Employer and Information Returns, and we’ll mail you the forms you request and their instructions, as well as any publications you may order.

Information returns may also be filed electronically using the IRS Filing Information Returns Electronically (FIRE) system (visit www.IRS.gov/FIRE) or the IRS Affordable Care Act Information Returns (AIR) program (visit www.IRS.gov/AIR).

See IRS Publications 1141, 1167, and 1179 for more information about printing these tax forms.

7171

VOID

CORRECTED

 

 

 

 

 

 

PAYER’S name, street address, city or town, state or province, country, ZIP

 

 

 

 

OMB No. 1545-0116

 

 

or foreign postal code, and telephone no.

 

 

 

 

 

 

Form 1099-NEC

 

 

 

 

 

 

 

 

 

 

 

Nonemployee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Rev. January 2022)

 

Compensation

 

 

 

 

 

 

 

 

For calendar year

 

 

 

 

 

 

 

 

 

 

20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PAYER’S TIN

RECIPIENT’S TIN

 

 

1

Nonemployee compensation

 

Copy A

 

 

 

 

$

 

 

 

 

 

 

 

For Internal Revenue

RECIPIENT’S name

 

 

 

2

Payer made direct sales totaling $5,000 or more of

 

Service Center

 

 

 

 

 

consumer products to recipient for resale

 

File with Form 1096.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

For Privacy Act and

 

 

 

 

 

 

 

 

 

 

 

 

Paperwork Reduction Act

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

 

Notice, see the current

 

 

 

 

4

Federal income tax withheld

 

General Instructions for

 

 

 

 

 

Certain Information

 

 

 

 

$

 

 

 

 

 

 

 

City or town, state or province, country, and ZIP or foreign postal code

 

 

 

 

 

 

 

 

Returns.

 

 

 

 

5

State tax withheld

6 State/Payer’s state no.

 

7 State income

 

 

 

$

 

 

 

 

 

 

 

$

Account number (see instructions)

 

2nd TIN not.

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

Form 1099-NEC (Rev. 1-2022)

Cat. No. 72590N

 

www.irs.gov/Form1099NEC

 

Department of the Treasury - Internal Revenue Service

Do Not Cut or Separate Forms on This Page — Do Not Cut or Separate Forms on This Page

 

VOID

CORRECTED

 

 

 

 

 

 

PAYER’S name, street address, city or town, state or province, country, ZIP

 

 

 

 

OMB No. 1545-0116

 

 

or foreign postal code, and telephone no.

 

 

 

 

 

Form 1099-NEC

 

 

 

 

 

 

 

 

 

 

Nonemployee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Rev. January 2022)

 

Compensation

 

 

 

 

 

 

 

For calendar year

 

 

 

 

 

 

 

 

 

20

 

 

 

 

PAYER’S TIN

RECIPIENT’S TIN

 

1

Nonemployee compensation

 

Copy 1

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For State Tax

RECIPIENT’S name

 

 

2

Payer made direct sales totaling $5,000 or more of

 

 

 

 

 

consumer products to recipient for resale

 

Department

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

Federal income tax withheld

 

 

City or town, state or province, country, and ZIP or foreign postal code

$

 

 

 

 

 

 

 

 

 

 

 

5

State tax withheld

6 State/Payer’s state no.

 

7 State income

 

 

 

$

 

 

 

 

 

 

 

$

Account number (see instructions)

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

Form 1099-NEC (Rev. 1-2022)

 

www.irs.gov/Form1099NEC

 

Department of the Treasury - Internal Revenue Service

CORRECTED (if checked)

PAYER’S name, street address, city or town, state or province, country, ZIP

 

 

 

OMB No. 1545-0116

 

 

or foreign postal code, and telephone no.

 

 

 

Form 1099-NEC

 

 

 

 

 

 

 

 

Nonemployee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Rev. January 2022)

 

Compensation

 

 

 

 

 

For calendar year

 

 

 

 

 

 

 

20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PAYER’S TIN

RECIPIENT’S TIN

1 Nonemployee compensation

 

 

 

 

Copy B

 

 

$

 

 

 

 

 

 

For Recipient

RECIPIENT’S name

 

2 Payer made direct sales totaling $5,000 or more of

 

This is important tax

 

 

information and is being

 

 

consumer products to recipient for resale

 

 

 

 

furnished to the IRS. If you are

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

required to file a return, a

 

 

 

 

 

 

 

 

negligence penalty or other

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

sanction may be imposed on

 

 

4 Federal income tax withheld

 

you if this income is taxable

 

 

 

and the IRS determines that it

City or town, state or province, country, and ZIP or foreign postal code

$

 

 

 

 

 

 

 

 

 

 

 

 

has not been reported.

 

 

5 State tax withheld

6 State/Payer’s state no.

 

7 State income

 

 

$

 

 

 

 

 

 

$

Account number (see instructions)

 

 

 

 

 

 

 

$

 

 

 

 

 

 

$

Form 1099-NEC (Rev. 1-2022)

(keep for your records)

www.irs.gov/Form1099NEC

Department of the Treasury - Internal Revenue Service

Instructions for Recipient

You received this form instead of Form W-2 because the payer did not consider you an employee and did not withhold income tax or social security and Medicare tax.

If you believe you are an employee and cannot get the payer to correct this form, report the amount shown in box 1 on the line for “Wages, salaries, tips, etc.” of Form 1040, 1040-SR, or 1040-NR. You must also complete Form 8919 and attach it to your return. For more information, see Pub. 1779, Independent Contractor or Employee.

If you are not an employee but the amount in box 1 is not self- employment (SE) income (for example, it is income from a sporadic activity or a hobby), report the amount shown in box 1 on the “Other income” line (on Schedule 1 (Form 1040)).

Recipient’s taxpayer identification number (TIN). For your protection, this form may show only the last four digits of your TIN (social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN)). However, the issuer has reported your complete TIN to the IRS.

Account number. May show an account or other unique number the payer assigned to distinguish your account.

Box 1. Shows nonemployee compensation. If the amount in this box is SE income, report it on Schedule C or F (Form 1040) if a sole proprietor, or on Form 1065 and Schedule K-1 (Form 1065) if a partnership, and the recipient/partner completes Schedule SE (Form 1040).

Note: If you are receiving payments on which no income, social security, and Medicare taxes are withheld, you should make estimated tax payments. See Form 1040-ES (or Form 1040-ES (NR)). Individuals must report these amounts as explained in these box 1 instructions. Corporations, fiduciaries, and partnerships must report these amounts on the appropriate line of their tax returns.

Box 2. If checked, consumer products totaling $5,000 or more were sold to you for resale, on a buy-sell, a deposit-commission, or other basis. Generally, report any income from your sale of these products on Schedule C (Form 1040).

Box 3. Reserved for future use.

Box 4. Shows backup withholding. A payer must backup withhold on certain payments if you did not give your TIN to the payer. See Form W-9, Request for Taxpayer Identification Number and Certification, for information on backup withholding. Include this amount on your income tax return as tax withheld.

Boxes 5–7. State income tax withheld reporting boxes.

Future developments. For the latest information about developments related to Form 1099-NEC and its instructions, such as legislation enacted after they were published, go to www.irs.gov/Form1099NEC.

Free File Program. Go to www.irs.gov/FreeFile to see if you qualify for no-cost online federal tax preparation, e-filing, and direct deposit or payment options.

 

VOID

CORRECTED

 

 

 

 

 

 

PAYER’S name, street address, city or town, state or province, country, ZIP

 

 

 

 

OMB No. 1545-0116

 

 

or foreign postal code, and telephone no.

 

 

 

 

 

Form 1099-NEC

 

 

 

 

 

 

 

 

 

 

Nonemployee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Rev. January 2022)

 

Compensation

 

 

 

 

 

 

 

For calendar year

 

 

 

 

 

 

 

 

 

20

 

 

 

 

PAYER’S TIN

RECIPIENT’S TIN

 

1

Nonemployee compensation

 

Copy 2

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To be filed with

RECIPIENT’S name

 

 

2

Payer made direct sales totaling $5,000 or more of

 

 

 

 

 

consumer products to recipient for resale

 

recipients state

 

 

 

 

 

 

 

 

 

 

 

income tax

 

 

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

return, when

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

required.

 

 

 

4

Federal income tax withheld

 

 

City or town, state or province, country, and ZIP or foreign postal code

$

 

 

 

 

 

 

 

 

 

 

 

5

State tax withheld

6 State/Payer’s state no.

 

7 State income

 

 

 

$

 

 

 

 

 

 

 

$

Account number (see instructions)

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

Form 1099-NEC (Rev. 1-2022)

 

www.irs.gov/Form1099NEC

 

Department of the Treasury - Internal Revenue Service

 

VOID

 

CORRECTED

 

 

 

 

 

 

PAYER’S name, street address, city or town, state or province, country, ZIP

 

 

 

OMB No. 1545-0116

 

 

or foreign postal code, and telephone no.

 

 

 

 

 

Form 1099-NEC

 

 

 

 

 

 

 

 

 

 

Nonemployee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Rev. January 2022)

 

Compensation

 

 

 

 

 

 

 

For calendar year

 

 

 

 

 

 

 

 

 

20

 

 

 

 

PAYER’S TIN

RECIPIENT’S TIN

 

 

1 Nonemployee compensation

 

Copy C

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For Payer

RECIPIENT’S name

 

 

 

2 Payer made direct sales totaling $5,000 or more of

 

 

 

 

 

 

 

 

 

 

consumer products to recipient for resale

 

For Privacy Act and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

Paperwork Reduction

 

 

 

 

 

 

 

 

 

 

Act Notice, see the

 

 

 

 

 

 

 

 

 

 

 

Street address (including apt. no.)

 

 

 

 

 

 

 

 

 

 

current General

 

 

 

 

 

 

 

 

 

 

 

Instructions for Certain

 

 

 

 

4 Federal income tax withheld

 

 

 

 

 

 

Information Returns.

City or town, state or province, country, and ZIP or foreign postal code

$

 

 

 

 

 

 

 

 

 

 

 

5 State tax withheld

6 State/Payer’s state no.

 

7 State income

 

 

 

 

$

 

 

 

 

 

 

$

Account number (see instructions)

 

 

2nd TIN not.

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

$

Form 1099-NEC (Rev. 1-2022)

 

www.irs.gov/Form1099NEC

 

Department of the Treasury - Internal Revenue Service

Instructions for Payer

To complete Form 1099-NEC, use:

The current General Instructions for Certain Information Returns, and

The current Instructions for Forms 1099-MISC and 1099-NEC.

To order these instructions and additional forms, go to www.irs.gov/EmployerForms.

Caution: Because paper forms are scanned during processing, you cannot file certain Forms 1096, 1097, 1098, 1099, 3921, or 5498 that you print from the IRS website.

Filing and furnishing. For filing and furnishing instructions, including due dates, and to request filing or furnishing extensions, see the current General Instructions for Certain Information Returns.

Need help? If you have questions about reporting on Form 1099-NEC, call the information reporting customer service site toll free at 866-455-7438 or 304-263-8700 (not toll free). Persons with a hearing or speech disability with access to TTY/TDD equipment can call 304-579-4827 (not toll free).