The 1099 miscellaneous is one of the most common tax forms. So who gets one?
Typically, this form is issued to independent contractors, janitorial services, third
party accounts and any other worker paid for services who is not on the payroll.
But like many IRS regulations, it’s not quite so simple. Let’s look at some factors
that help determine if a 1099-MISC is needed.
1. The payment is $600 or more for services – not physical products.
The first rule of thumb is that the payment must be at least $600. If it’s less
than that amount, a 1099-MISC is not required and should not be issued.
2. Services performed are for business purposes.
Say you contract with a worker to remodel your office breakroom. The total
comes to $5,000. You would likely issue a 1099-MISC in this case. But let’s say
you contracted that same worker to remodel the kitchen in your home. Do you
need to issue a 1099-MISC? The answer is no because the kitchen remodel was
for personal, not business reasons.
3. You contract with a business that is a C-Corporation or an S-Corporation.
It’s a common belief that businesses don’t need to send out 1099-MISC forms
to corporations. And this is true. Sometimes.
In general, you don’t have to issue 1099-MISC forms to C Corporations and
S Corporations. But there are some exceptions, including:
Tips to Determine Who
Receives a 1099-MISC
• Medical and health care payments
• Payments to an attorney
• Substitute payments in lieu of dividends or tax-exempt interest
You can read about other exceptions, like cash payments for fish (yes, it’s a thing) here.
4. You contract with a business that is an LLC sole proprietorship.
You will need to send out a 1099-MISC form if you’re working with an LLC sole proprietorship.
An easy way to tell? Just look at the W-9 your worker provided. If the W-9
indicates they are an LLC that is taxed as a sole proprietorship, you need to send a
1099. If their LLC is taxed as an S- or a C-Corp you do not (unless an exception applies
as described above).
When in Doubt
If you’re unsure, it’s always best to file a 1099-MISC. There’s no penalty if you file one
but you didn’t need to. On the other hand, not filing one that is required can lead to
And here’s a final tip: Always get the W-9 before you issue payments to any vendor who
may be required to get a 1099-MISC. Less-reputable vendors might not be around when
you need their information at tax time.
This article is taken from https://www.efile1099now.com.