If your business engages the services of an individual (i.e. independent contractor), other than one who meets the definition of an employee, and you paid him or her $600 or more for the calendar year, then you are required to issue that person a Form 1099-NEC or 1099-MISC. This form will help you avoid penalties and the prospect of losing the deduction for his or her labor and expenses in an audit. Payments to independent contractors are referred to as non-employee compensation (NEC). Form 1099-MISC will continue to report rents, royalties, crop insurance proceeds and several other types of income unrelated to independent contractors.

Because so many fraudulent tax returns are filed right after e-filing opens up in January, the IRS requires 1099-MISCs for NEC to be filed by January 31st and will not release refunds for individual income tax returns that include the earned income tax credit until the NEC amounts can be verified. The 2020 Form 1099-NEC deadline is February 1, 2021 due to the weekend. This is also the same due date for mailing the recipient his or her copy of the 1099-NEC.

The Importance of W-9s

The government provides IRS Form W-9, Request for Taxpayer Identification Number and Certification, as a means for you to obtain the vendor’s data you’ll need to accurately file the 1099s. It also provides you with verification that you complied with the law, in case the vendor gave you incorrect information. We highly recommend that you have potential vendors complete a Form W-9 prior to engaging in business with them. The W-9 is for your use only and is not submitted to the IRS.

What’s the penalty for not filing 1099-MISC?

The penalty for failure to file a required information return due in 2021, such as the 1099-NEC, is $280 per information return. The penalty is reduced to $50 if a correct but late information return is filed no later than the 30th day after the required filing date of February 1st, 2021, and it is reduced to $110 for returns filed after the 30th day but no later than August 1st, 2021. If you are required to file 250 or more information returns, you must file them electronically.

Given the hefty penalties related to noncompliance, we urge you to carefully review your records for required 1099 reporting. If you have any questions about the 1099-MISC filing date, or would like us to prepare these forms on your behalf, please contact Cray Kaiser today.

Please note that this blog is based on tax laws effective in December 2020, and may not contain later amendments. Please contact Cray Kaiser for most recent information.