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Form 1099 Filing Guide for Businesses

Federal & State Law Editorial TeamLast reviewed: April 2026

Guide for businesses on when and how to issue IRS Form 1099-NEC and 1099-MISC to independent contractors and other payees.

PDF TemplateUse the instructions below to complete this form

Instructions

Instructions

  • Who Gets a 1099-NEC?: Any non-employee (individual, partnership, LLC) paid $600+ for services during the tax year
  • Who Gets a 1099-MISC?: Payments of $600+ for rent, prizes, legal settlements, or $10+ in royalties
  • Collect W-9s: Get a W-9 from every contractor BEFORE making the first payment
  • Deadlines: January 31 — send 1099-NEC to recipients AND file with IRS. March 31 — e-file 1099-MISC with IRS
  • Filing Methods: E-file through IRS FIRE system (required if filing 10+ forms), or use tax preparation software
  • Penalties: $60-$310 per form for late filing, depending on how late. Intentional disregard: $630 per form
  • State Filing: Many states require separate 1099 filing — check your state's requirements
    • Note: Do NOT issue a 1099 to C-Corporations (with limited exceptions for legal and medical payments). S-Corps also receive 1099s for most payment types.

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.