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Form 1099 MISC - Instructions, and Due Date
Updated on December 07, 2020 - 10:30 am by TaxBandits
Every business owner who hires an independent contractor or freelancer to complete a job must report payments using IRS Form 1099-MISC at the end of each tax year. Use this form to report miscellaneous payments of $600 or more.
Payers must collect the required information from the contractor and furnish it to the IRS in a determined form and format before the deadline.
In this article, we will learn about the new Form 1099-MISC, the role of the payer, payee/contractor, and due dates and penalties.
The following are the topics covered in this article:
1. What is Form 1099 MISC?
IRS Form 1099-MISC is an information return used to report the miscellaneous payments made to an independent contractor or self-employed individuals for their work during the calendar year.
The business owner/payer is responsible for preparing and filing Form 1099-MISC with the IRS for each independent contractor.
After reporting payments, the payer must furnish copy B of Form 1099-MISC to the respective recipients.
2. Who needs to file Form 1099 MISC?
A business owner/payer has to file Form 1099-MISC at the end of the tax year if the payment made to the contractor(s) satisfies the following conditions:
- If paid a minimum of $10 in royalties or broker payments instead of dividends or tax-exempt interest.
- If paid a minimum of $600 in
- Prizes and awards
- Other income payments
- Medical and health care payments
- Payments to an attorney
- Crop insurance proceeds
- Cash paid from a notional principal contract to an individual, partnership, or estate
- Any fishing boat proceeds
- Section 409A deferrals
- Nonqualified deferred compensation
3. What information must be reported on Form 1099 MISC?
A payer must report their business details, the contractor’s details, and then the payment details
in Boxes 1 -17.
- PAYER’S name, street address, city or town, state or province, country, ZIP or foreign postal code, and telephone no.
- Payer’s TIN
- Recipient’s TIN
- Recipient’s Name
- Residential address
- Check box for FATCA filing requirement
From Box 1 to Box 17, the payer must report various payments and tax withheld.
Box 1: Rents
Box 2: Royalties
Box 3: Other income
Box 4: Federal income tax withheld
Box 5: Fishing boat proceeds
Box 6: Medical and health care payments
Box 7: Payer made direct sales totaling $5,000 or more of consumer products to a recipient for resale (Check this box, if required)
Box 8: Substitute payments in lieu of dividends or interest
Box 9: Crop insurance proceeds
Box 10: Gross proceeds paid to an attorney
Box 12: Section 409A deferrals
Box 13: Excess golden parachute payments
Box 14: Nonqualified deferred compensation
Box 15: State tax withheld
Box 16: State/Payer’s state no
Box 17: State income
4. What is the new filing deadline for 1099 MISC?
For the tax year 2020, the Form 1099-MISC filing deadlines:
|Form Type||Paper filing||E-filing||Recipient copy|
|Form 1099 MISC||March 01, 2021||March 31, 2021||February 01, 2021|
Note: The deadline for sending COPY B to the recipient is February 16, 2021, if you report payments only in box 8 or 10.
5. What is the difference between 1099 MISC and 1099 NEC?
Until 2019, every business owner/payer used Form 1099-MISC to report both the miscellaneous income and other nonemployee compensations (NEC) paid to independent contractors and other self-employed individuals.
There was confusion amongst the payers and payees, as there were two different filing deadlines for the 1099-MISC.
One specific date for completing and filing Box 7, NEC, and another deadline for completing the rest of the form was confusing. To eliminate this ambiguity, the IRS removed the nonemployee compensation reporting column on Form 1099-MISC and reintroduced the Form 1099-NEC to report non employee compensation for tax year 2020.
Let’s see how 1099-MISC is different from 1099-NEC.
Form 1099-NEC isn’t a replacement for 1099-MISC. Form 1099-NEC is just replacing the use of 1099-MISC for reporting independent contractor payments.
According to IRS, the combination of the four conditions defines the reportable nonemployee compensation:
- Payments made to someone who is not your employee.
- Payments made for services in the course of your trade or business.
- Payments made to an individual, partnership, estate, or, in some cases, a corporation.
- A Payment of $600 or more for the calendar year.
Note: Due to the removal of box 7 from 1099-MISC, the IRS has released an updated version of Form 1099-MISC.
For additional information on the differences between 1099-MISC and 1099-NEC visit, www.taxbandits.com/1099-forms/form-1099-misc-vs-nec-information/
6. What are the 1099 MISC Form 2020 updates?
Along with the introduction of Form 1099-NEC, the IRS redesigned and rearranged the Form 1099-MISC by removing Box 7 for the 2020 tax year.
Until 2019, every payer used Form 1099-MISC to report payments made to independent contractors, including non employee compensations, but there were two IRS reporting deadlines for the same form.
- If a payer used 1099-MISC to report miscellaneous payments, the information return was to be submitted on or before January 31.
- If a payer used 1099-MISC to report non-employee compensation, the return was to be submitted before February 28.
This created a lot of confusion among payers. The launch of a separate form for reporting non-employee compensation simplifies the process for payers.
7. What is the penalty for the late filing of 1099 MISC?
It is necessary to file 1099-MISC with the IRS on or before the deadline. If you fail to do so, you are subject to late filing penalties based on how late you file.
Conditions which attracts penalty
- Furnishing incorrect information on a return
- Failure to provide the required information
- Late filing of returns
- Paper filing when you are required to file electronically ( E-file 1099-MISC, if you have 250 or more information returns )
|Delaying Period||Large Businesses with Gross Receipts of More Than $5 Million||Small Businesses with Gross Receipts $5 Million or Less|
|Filing up to 30 days late||$50 per return||$50 per return|
Filing between 31 days after the deadline and
|$110 per return||$110* per return|
|Filing after August 1 or not at all||$280 per return||$280* per return|
|Intentional Disregard of Filing Requirements||$560 per return||$560 per return|
Payers can use TaxBandits new scheduling feature to file Form 1099-MISC on a selected future date. This allows time for payers to revise the form freely without penalty. Make sure the scheduling date is on or before the actual IRS deadline.
Get started with TaxBandits today and stay compliant with the IRS!
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