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1099 REQUIREMENTS
Every business (even personal returns with a SCH C Business or SCH E Rental) is required to answer the following questions on their return: Did you make any payments in 2024 that would require you to file Form(s) 1099? If “Yes,” did you or will you file required Form(s) 1099?
So, how do you know if your business is required to file 1099 forms?
First, there are 2 main 1099 forms businesses file each year 1099-MISC and 1099-NEC. The most common payments requiring these forms are:
- File Form 1099-MISC for each person in the course of your business to whom you have paid the following during the year:
- At least $10 in royalties (box 2).
- At least $600 in:
Rents (box 1).
Other income payments (box 3).
- File Form 1099-NEC, Nonemployee Compensation, for each person in the course of your business to whom you have paid the following during the year.
- At least $600 in:
Services performed by someone who is not your employee or
Payments to an attorney (box 1).
- You may either file Form 1099-MISC (box 7) or Form 1099-NEC (box 2) to report sales totaling $5,000 or more of consumer products to a person on a buy-sell, a deposit-commission, or other commission basis for resale.
Second, not all the vendors you paid for the above items require a 1099 to be sent. It could depend on the type of business entity the vendor is. To determine the vendor’s entity type you will need the vendor’s completed W-9. Most incorporated companies, C Corporations & S Corporations, do not require a 1099 to be issued. However, there are exceptions such as payments for rent or royalty and payments to attorneys. These payments require 1099 regardless of entity type.
Note: it is a good rule of thumb to request an updated W-9 each year. Vendors could have a name or address change. W9 Form Link
The due date for filing 1099-NEC is January 31st for the previous year’s payments. 1099-MISC is February 28th.
See the IRS website for more information: 1099 information
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