Ins and Outs of Processing 1099’s

December 14, 2022
Category:

You are required to provide a 1099 showing the amount you paid if you pay someone more than $600 in a calendar year for services (not material or product). Here are some facts you need to know.

Businesses have until January 31st to provide 1099 forms to recipients.

AdminBooks Tips:

  • Collect a W-9 at the time of payment so you know if the business is a sole proprietorship, LLC or Corporation. If it is a corporation, then no 1099 is required.
  • A 1096 form is required when you file a tax return by paper. It is not required if you e-file.
  • When the person you paid uses their Social Security number as their tax ID, then their full name must be on the first line of the 1099.
    • If the business name is listed by mistake, then you will receive a letter from the IRS saying the name and ID do not match. Then the IRS will require you to withold money from future checks.
  • When you pay a subcontractor for expenses incurred, do NOT include that amount in box 7.
  • If you receive a 1099 from someone with reimbursed expenses, like travel or postage, show the full amount of income on your tax return. Then, show the full amount of expenses and it will net out the same. If you lower the 1099 amount on your return to “correct” it, that will trigger an audit.
  • If you hire a subcontractor, be sure that the state won’t deem the person as an employee .
    A few indications to strengthen your case are:
    • You have a contract agreement between parties.
    • The subcontractor invoices the business.
    • The subcontractor has a business license. The business does not tell the contractor WHEN to perform the work or HOW to do their job. The subcontractor uses their own equipment and materials.
    • The subcontractor is available to be hired by other companies.
  • Penalty fees if you miss the deadline:
    • Up to 30 days late  = $50
    • 31 days late through August 1 = $110
    • After August 1 or Not Filed = $290
    • Intentional Disregard = $580
  • Extension on E-filing – Form 8809: you will receive an automatic 30 day extension as long as you request prior to the deadline of January 31st. You can find the form on the IRS website and either fax or mail it in.
    • Fax: 1-877-477-0572
    • Mail: Internal Revenue Service, Attn: Extension of Time Coordinator, 240 Murall Drive, Mail Stop 4360, Kearneysville, WV 25430
  •  Extension on Recipient Delivery: There is no specific form; you will need to send a letter to the IRS. It is not an automatic extension. If granted, you will be provided with an extra 30 days for delivery; however, if not granted, you will still receive a 10-15 day grace period.

All merchant companies that process credit card payments are required to issue 1099-Ks to the seller. It can be for 1 transaction for any amount. The main reason for this law is to capture payments going through eBay, PayPal and Amazon. However, now the common business owner will get a 1099-K as well if their clients/customers pay them with a credit card. Here is the confusing part: businesses will provide a 1099-MISC for payments made with a check/cash and the merchant company will process 1099-K’s made with a credit card. 

Let’s give some examples to clarify:

Example 1 – You pay a subcontractor $700 for services. If you paid them with a check, you issue them a 1099-MISC.

Example 2 – You pay a subcontractor $700 with a check and $800 with a credit card. You will issue them a 1099-MISC for $700 and the subcontractor’s merchant company will give them a 1099-K for the $800.

Example 3 – You pay a subcontractor $300 with a check and $800 with a credit card. We recommend that you still issue a 1099-MISC for $300 because the combine total payment to the subcontractor (check and credit card) was over the $600 amount – this is the safe answer.

~If the 1099 comes back to you undelivered, keep a copy for your records to show the attempt.

~If the contractor has already performed their services and you cannot get the contractor to fill out the W-9, keep a log of the attempts to contact them by phone, email or letter. The IRS has penalties for not sending the 1099 and if you show intent, hopefully there will be grace in the penalties.

~If you find you made a mistake on the amount or tax ID number, you can always correct the form and re-send it by checking the “Corrected” box.

~Corporations do NOT get 1099s, but some people are confused if they should send a 1099 to LLCs. Send a 1099 to single-member LLCs and multi-member LLCs (partnerships.)

~1099s are required to ALL attorneys regardless of their entity type or amount paid!

Have the contractor fill out a W-8BEN and keep this on file. Prepare a 1099, but there will be no tax ID number on the form. If questioned by the IRS, show them a copy of the W-8BEN. There are no withholding requirements for those that work outside the US.

If a foreign contractor performs services in the US, there are 3 conditions that need to be met:

  1. The nonresident alien performing labor services is present in the US for less than 90 days during the tax year
  2. The total pay does not exceed $3000
  3. The pay is for labor performed for an office or place of business maintained in a foreign country.

If any of the above conditions are not satisfied, a principal has to report and withhold income of a foreign independent contractor. However, the withholding can be avoided if the country of the contractors has a tax treaty with the US.

AVOID GETTING AN AUDIT!

AdminBooks has been helping small businesses for 20 years. We have all the answers in one place during our 1099 webinar!

Click the button below to receive your personal invitation

Related Posts

  • Spring Cleaning Your Finances: Tips to Get Organized Before Tax Season Ends

    Spring isn’t just for deep-cleaning your home—it’s also the perfect time to tidy up your finances before tax season ends.…

    View More
  • Your Pot of Gold Awaits: How to Save More on Taxes This Year

    St. Patrick’s Day has come and gone, but if you’re still hoping to improve your business finances, it’s not too…

    View More
  • Why You Must Enable Multi-Factor Authentication for QuickBooks Online

    Is Your QuickBooks Online Account Secure? If you use QuickBooks Online (QBO) to manage your business finances, security should be a top…

    View More
  • Los Angeles County Tax Relief: Extended Deadlines & Disaster-Related Benefits

    The recent wildfires in Los Angeles County have devastated communities, leaving thousands dealing with property loss, displacement, and financial uncertainty.…

    View More