1099/1096: Reporting Requirements
Note: There are two different 1099 forms. 1099-MISC and 1099-NEC. Starting in 2020 the IRS requires Non-employee compensation to be reported on the new 1099-NEC form.
The IRS requires that businesses (including churches and non-profit organizations) issue a Form 1099 to any individual or unincorporated business paid over $600 in the calendar year for services, rents, prizes and awards, other income payments, medical and health care payments, and gross proceeds paid to an attorney (even if the attorney is incorporated). 1099/1096 forms must be filed no later than January 31st.
- Why file?
- How to prepare 1099
- Employee vs. 1099 Contractor
- 1099/1096 Form Requirements
- What if you don't file
- The IRS uses three characteristics to determine the relationship between businesses and workers:
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Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.
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Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job.
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Type of Relationship factor relates to how the workers and the business owner perceive their relationship.
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Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.
- If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.
- If you can direct or control only the result of the work done (and not the means and methods of accomplishing the result) then your workers are probably independent contractors.
- Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.
- Workers can avoid higher tax bills and lost benefits if they know their proper status.
- Both employers and workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS.
- You can learn more about the critical determination of a worker’s status as an Independent Contractor or Employee at IRS.gov by selecting the Small Business link. Additional resources include IRS Publication 15-A, Employer's Supplemental Tax Guide, Publication 1779, Independent Contractor or Employee, and Publication 1976, Do You Qualify for Relief under Section 530? These publications and Form SS-8 are available on the IRS website or by calling the IRS at 800-829-3676 (800-TAX-FORM).
- A 1099 form issued to the vendor may be printed on pre-perforated paper in black ink.
- 1099 Copy A form can be printed on a red pre-printed form.
- 1096 Summary form must be printed on a red pre-printed form.
- Forms can be obtained from I.R.S. or ParishSOFT Forms.
- Please verify all filing requirements with the IRS.
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From https://www.irs.gov/instructions/i1099mec
The Taxpayer First Act of 2019 authorized the Department of the Treasury and the IRS to issue regulations that reduce the 250-return e-file threshold. TD 9972, published February 23, 2023, lowered the e-file threshold to 10 (calculated by aggregating all information returns), effective for information returns required to be filed on or after January 1, 2024. Go to IRS.gov/InfoReturn for e-file options.
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From https://www.irs.gov/instructions/i1099mec
The amount of the penalty is based on when you file the correct information return. The penalty is: (Note, these were the fees in 2020 and may have increased slightly in subsequent years).
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$30 per information return if you correctly file within 30 days (by March 30 if the due date is February 28); maximum penalty $250,000 per year ($75,000 for small businesses, defined below).
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$60 per information return if you correctly file more than 30 days after the due date but by August 1; maximum penalty $500,000 per year ($200,000 for small businesses).
- $100 per information return if you file after August 1 or you do not file required information returns; maximum penalty $1,500,000 per year ($500,000 for small businesses).
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