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Misconceptions

Understanding the 1099-NEC form is crucial for anyone involved in freelance work or independent contracting. However, several misconceptions can lead to confusion. Here are nine common misunderstandings about this important tax document:

  1. Only employees receive a 1099-NEC. Many believe that only employees receive this form, but it is specifically for nonemployees. If you are an independent contractor or freelancer, you will receive a 1099-NEC instead of a W-2.
  2. You can file a downloaded version of Copy A. A common mistake is thinking that you can print and file a downloaded version of Copy A. This version is not scannable, and filing it may result in penalties.
  3. All copies of the 1099-NEC are the same. Not all copies serve the same purpose. Copy A is for the IRS, while Copy B is for the recipient. Each copy has a specific function and must be used accordingly.
  4. 1099-NEC forms are only for payments over a certain amount. While payments of $600 or more typically trigger the need for a 1099-NEC, any amount paid for services should be reported if you are required to do so.
  5. Backup withholding is optional. Some people think that backup withholding is optional, but it is mandatory in certain situations, such as when a taxpayer fails to provide their TIN.
  6. The IRS does not care about the 1099-NEC. On the contrary, the IRS closely monitors these forms. Failing to report income shown on a 1099-NEC can lead to penalties.
  7. Only businesses need to worry about 1099-NEC forms. Individuals who hire independent contractors also have a responsibility to issue 1099-NEC forms. This applies to anyone who pays for services, not just businesses.
  8. Receiving a 1099-NEC means you are self-employed. While many recipients are indeed self-employed, some may receive this form for sporadic work that does not classify them as self-employed.
  9. All income reported on a 1099-NEC is subject to self-employment tax. Not all income is considered self-employment income. For example, if the income is from a hobby or sporadic activity, it may not be subject to self-employment tax.

By understanding these misconceptions, individuals can better navigate the complexities of tax reporting and ensure compliance with IRS regulations.

Detailed Steps for Filling Out 1099 Nec

Filling out the 1099-NEC form is a critical task for reporting nonemployee compensation to the IRS. It’s essential to ensure that all information is accurate and complete to avoid penalties. After completing the form, you will need to distribute the appropriate copies to the recipient and file the form with the IRS by the required deadline.

  1. Obtain the correct form: Download the 1099-NEC form from the official IRS website or order the official printed version to ensure it is scannable.
  2. Fill in the payer's information: Enter your name, address, and telephone number in the designated fields at the top of the form.
  3. Provide the payer's TIN: Input your Taxpayer Identification Number (TIN) in the appropriate box.
  4. Enter the recipient's information: Fill in the recipient’s name, address, and TIN in the corresponding fields.
  5. Report nonemployee compensation: In Box 1, enter the total amount of nonemployee compensation paid to the recipient during the calendar year.
  6. Complete additional boxes: If applicable, fill in Boxes 2 through 7 with any relevant information, such as state tax withheld or any direct sales made to the recipient.
  7. Check for corrections: If you are correcting a previously filed 1099-NEC, check the box indicating that this is a corrected form.
  8. Review for accuracy: Double-check all entries for accuracy and completeness before finalizing the form.
  9. Distribute copies: Provide Copy B to the recipient and retain Copy C for your records. Submit Copy A to the IRS along with Form 1096 if filing by paper.
  10. File by the deadline: Ensure that the form is filed with the IRS by the deadline, which is typically January 31 of the year following the tax year.

Document Preview

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).

Dos and Don'ts

When filling out the 1099-NEC form, there are important dos and don’ts to keep in mind. Here’s a straightforward list to help guide you through the process.

  • Do use the official printed version of Copy A for filing with the IRS.
  • Do ensure that all information is accurate and complete before submission.
  • Do file electronically if possible, using the IRS FIRE system for convenience.
  • Do provide the recipient with Copy B of the form.
  • Do keep a copy of the completed form for your records.
  • Don't print and file the online version of Copy A, as it is not scannable.
  • Don't forget to include all required taxpayer identification numbers (TINs).
  • Don't leave any boxes blank; ensure every applicable section is filled out.
  • Don't ignore deadlines; file the form on time to avoid penalties.
  • Don't assume that the IRS will correct any mistakes; it’s your responsibility to ensure accuracy.

Key takeaways

When it comes to filling out and using the 1099-NEC form, several important points should be kept in mind. This form is essential for reporting nonemployee compensation, and understanding its requirements can help ensure compliance with IRS regulations.

  • Use Official Copies: Always use the official printed version of Copy A for filing with the IRS. The downloaded version from the IRS website is not scannable and may lead to penalties.
  • Provide Recipient Copies: Copies B and other versions of the form can be downloaded and printed for recipients. These are necessary to inform them of their earnings.
  • Electronic Filing: Consider using the IRS FIRE system or the AIR program for electronic filing of information returns. This can streamline the process and reduce paperwork.
  • Report Nonemployee Compensation: Ensure that nonemployee compensation is accurately reported in Box 1. This amount must be included in the recipient’s income tax return.
  • Understand Backup Withholding: If a recipient has not provided their taxpayer identification number (TIN), backup withholding may apply. This amount must also be reported and included in their income tax return.
  • Stay Updated: Regularly check the IRS website for any updates or changes to the 1099-NEC form and its instructions. Staying informed can help avoid potential issues.

Similar forms

The 1099-MISC form is often compared to the 1099-NEC because both are used to report payments made to individuals who are not employees. The 1099-MISC was traditionally used for various types of income, including rents, prizes, and awards, as well as nonemployee compensation. However, starting in the 2020 tax year, nonemployee compensation is reported on the 1099-NEC. This change means that while both forms serve to report income, the 1099-NEC is specifically focused on payments made to independent contractors and freelancers, while the 1099-MISC covers a broader range of income types.

The 1099-K form is another document similar to the 1099-NEC, as it also reports payments made to individuals. This form is used primarily by payment settlement entities to report payments made to merchants through credit cards and third-party networks. While the 1099-NEC focuses on nonemployee compensation, the 1099-K captures transactions that occur through platforms like PayPal or credit card processors. Both forms are essential for reporting income to the IRS, but they apply to different types of transactions and payees.

The 1099-INT form is used to report interest income, which can be similar to the 1099-NEC in that both forms provide information to the IRS about payments made to individuals. While the 1099-NEC covers nonemployee compensation, the 1099-INT specifically addresses interest payments made by banks and other financial institutions. Recipients of both forms must report the income on their tax returns, but the nature of the income differs significantly.

The 1099-DIV form is comparable to the 1099-NEC in that it reports income received by individuals, but it focuses on dividends and distributions from investments. This form is issued by corporations to their shareholders to report income earned from stock investments. Like the 1099-NEC, the 1099-DIV requires recipients to report the income on their tax returns, but the source and type of income are distinct.

The W-2 form is another important document that shares similarities with the 1099-NEC. While the 1099-NEC is for independent contractors, the W-2 is used to report wages and salaries paid to employees. Both forms are critical for tax reporting, but the W-2 includes information about withheld taxes and employee benefits, which the 1099-NEC does not. Recipients of both forms must use the information provided to accurately report their income to the IRS.

The 1099-R form is also relevant in the context of income reporting. This form is used to report distributions from retirement plans, pensions, and IRAs. While the 1099-NEC covers payments for services rendered, the 1099-R focuses on income received from retirement accounts. Both forms require recipients to report the income on their tax returns, but they pertain to different sources and types of income.

Documents used along the form

The 1099-NEC form is essential for reporting nonemployee compensation, but it often works in conjunction with other documents. Each of these forms serves a specific purpose in the tax reporting process, ensuring compliance with IRS regulations. Here’s a list of commonly used forms alongside the 1099-NEC, along with a brief description of each.

  • Form W-9: This form is used by payers to request the taxpayer identification number (TIN) of a payee. It helps ensure that the correct information is reported to the IRS.
  • Form 1096: This is a summary form that accompanies the 1099-NEC when filed on paper. It provides the IRS with an overview of the information returns being submitted.
  • Form 1040: The individual income tax return form that taxpayers use to report their annual income, including any amounts reported on the 1099-NEC.
  • Schedule C: This form is used by sole proprietors to report income and expenses from their business. If a recipient has nonemployee compensation, they may need to report it here.
  • Schedule SE: This form is for calculating self-employment tax. Recipients of 1099-NEC income may need to file this form if their net earnings exceed a certain threshold.
  • Form 8919: If a worker believes they should be classified as an employee rather than an independent contractor, this form is used to report uncollected social security and Medicare taxes.
  • Form 1040-ES: This is used for making estimated tax payments. Recipients of 1099-NEC income may need to make quarterly payments if taxes are not withheld.
  • Form 1099-MISC: While the 1099-NEC is used for nonemployee compensation, the 1099-MISC is for various other types of income, such as rent or royalties.
  • Form 1040-SR: This is a simplified version of the 1040 form for seniors. It serves the same purpose but is tailored for older taxpayers.
  • Form AIR: The Affordable Care Act Information Returns form is used for reporting health coverage information. It is not directly related to 1099-NEC but may be relevant for some taxpayers.

Understanding these forms and how they interact with the 1099-NEC is crucial for accurate tax reporting. Each document plays a role in ensuring that both payers and recipients fulfill their tax obligations, avoiding potential penalties and ensuring compliance with IRS regulations.