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How to Report Attorney Proceeds Correctly on 1099-MISC Box 10?

Table of Contents

A comprehensive IRS-compliant guide to identifying, valuing, and reporting gross proceeds paid to attorneys using Box 10 of Form 1099-MISC.

What Is Box 10 on Form 1099-MISC?

1099-MISC Box 10 reports gross proceeds of $600 or more paid to attorneys in connection with legal services they provided in the course of a trade or business.

As per Section 6045(f), the IRS rules for 1099 box 10, any legal payment reported on 1099-MISC box 10 is not for legal services but instead is related to a legal matter, such as a payment from a settlement. You must also report the payment even if the attorney is a corporation.

Remember:

1099-MISC Box 10 does NOT report income or legal fees paid to attorneys.

Who Must File 1099-MISC Box 10?

  • The IRS rules for 1099-MISC Box 10, as per Section 6045(f), require payers who have made gross proceeds payments of $600 or more to attorneys in the course of their trade or business. Defendants in lawsuits and their insurance companies and agents on behalf of the party they represented.
  • Businesses and organizations (sole proprietorships, partnerships, corporations, LLCs, non-profits, and government agencies) that make payments to attorneys.
  • Government agencies that made payments of gross proceeds related to legal matters.
  • Individuals involved in a trade or business (for example, a self-employed individual involved in legal settlements related to their business).

Note:

Personal payments are NOT included in 1099-MISC Box 10.

What Payments Belong to 1099-MISC of Box 10?

Report gross proceeds paid to the attorney in 1099-MISC Box 10. Gross proceeds here refer to the total payment made to an attorney or law firm that represents a client in certain legal matters.

1099-MISC Box 10 must include:
  • Payments related to legal matters worth $600 or more, such as:
  • Settlements are paid to attorneys on behalf of a client.
  • Court-ordered legal payments where the attorney receives a gross share.
Exclude:
  • If the payment is solely for legal services, such as legal advice, you should use 1099-NEC Box 1 and not 1099-MISC Box 10.
  • Payments made to a corporate law firm for legal fees or retainers paid to attorneys employed as staff.
What is not reported:
  • Wages paid to attorneys (who are on employer’s payroll) are reported on Form W-2, not 1099-MISC.
  • Partner profit distributions or shareholder dividends from law firms or law corporations. These distributions are not subject to withholding.
  • Payments that are below the IRS 1099-MISC reporting threshold of $600. And as of July 2025, under the newly enacted “One Big Beautiful Bill”, the IRS reporting threshold for Form 1099-MISC (and 1099-NEC) has been raised from $600 to $2,000. However, you may still choose to report them voluntarily.

Form 1099-MISC Box 10 vs Box 1: Which Form to Use?

Reporting payments made to attorneys in the correct 1099-MISC box depends on the nature of the payments.

If a payment represents gross proceeds paid to attorneys and related to legal settlements or court-ordered payments, it must be reported on 1099-MISC, Box 10. This applies to payments made for legal matters, even if the attorney later gives part (or most) of that money to the client. It is the total amount paid ($600 or more) to the attorney or law firm without deducting attorney fees.

If the payment is related to legal services provided by an attorney or law firm, such as legal advice or contract review, it should be reported on Box 1 of IRS Form 1099-NEC. Referral fees paid to an attorney are considered payments for services, so they are also reported in the same box and form.

For example, if an insurance company is court-ordered to pay $100,000 in settlement gross proceeds to an attorney, the full amount paid to the attorney is reported on 1099-MISC Box 10. And if the same company paid $10,000 for legal advice, those fees need to be reported on 1099-NEC Box 1.

Scenario Form Box
Legal services rendered to the payer 1099-NEC Box 1
Settlement paid via attorney to the client 1099-MISC Box 10
Referral fee to attorney 1099-NEC Box 1

Step-by-Step: Completing 1099-MISC Box 10

Filing 1099-MISC Box 10 requires a number of steps to ensure tax compliance with IRS and state regulations.

Collect a W-9 from the attorney

Use Tax1099’s W-9 digital solicitation tool to collect the attorney’s information, such as name, business, and TIN.

Verify Tax Identification Number via TIN matching

Once W-9s are successfully collected, verify the TIN and name combination with IRS records using the real-time Bulk TIN matching feature. IRS-authorized platform like Tax1099 provides real-time and bulk TIN Matching.

Enter full gross proceeds in Box 10

After verifying TINs and names, the next step is to report the full gross proceeds paid to the attorney in the name of a settlement or a court order.

File by February 17 to recipients; E-file to IRS by March 31

You must file Box 10 in 1099-MISC by February 28 via paper filing or March 31 via e-filing as standard deadline. However, it may change if the deadline falls on a public holiday or on weekends. Recipient copies need to be distributed to attorneys (recipient) by February 17.

Filing Type 1099-MISC Box 10 Due Date (TY 2025)
Recipient Copy February 17, 2026
IRS E-filing March 31, 2026
IRS Paper Filing March 2, 2026

Common Filing Mistakes and How to Avoid Them

1. Reporting the net amount instead of the gross amount

Only reporting the attorney’s share or net amount instead of the full gross amount paid is a common mistake when reporting attorney’s payments to the IRS.
>The IRS requires that Box 10 of Form 1099-MISC show the total gross proceeds or full payment amount paid to attorneys, even if the attorney passes some money to their client.

Always double-check settlement statements and payment records to ensure you report the total amount paid, not just the attorney’s fee.

2. Skipping Box 10 due to corporate status

Another common mistake when filing 1099-MISC is not reporting payments made to attorneys because their law firm is a corporation.

For many 1099 rules, corporations are exempt from these rules. But legal payments of $600 or more paid to attorneys must be reported in Box 10, regardless of whether the business is a sole proprietorship, partnership, LLC, or corporation.

Never assume or ignore corporate status when reporting gross proceeds to an attorney in 1099-MISC Box 10.

3. Sending 1099-NEC instead of 1099-MISC

Using 1099-MISC to report attorney fees, instead of 1099-NEC. Mixing up these two forms is a common mistake.

1099-MISC Box 10 can only be used for gross proceeds to attorneys, such as settlements, while 1099-NEC Box 1 is for attorney fees for services or referral fees.

Before filing, always check what the payment was for and report it in the correct form. If you are still confused, use an automated e-filing platform like Tax1099, which uses real-time validation checks.

4. Omitting TIN and triggering backup withholding

Incorrect TIN or not collecting TIN can automatically trigger IRS backup withholding at 24%.

TINs are critical for all information returns. A missing TIN can lead to compliance issues with the IRS and invite further scrutiny.

Request and collect W-9s online with secure e-signature using Tax1099’s W-9 digital solicitation tool. It will ensure accurate TINs from the start and reduce the risk of penalties.

IRS Audit Triggers for Box 10

Settlement agreement shows the attorney’s share, but no 1099-MISC was filed

If a court has ordered a settlement amount to be paid to the attorney, but no 1099-MISC was filed, the IRS might notice this discrepancy during their routine automated checks. This would be considered a reporting omission and may trigger an audit notice. It applies even if the attorney transfers some of the amount to the client.

Filing Box 1 when Box 10 is more appropriate

Not understanding the nature of payments and misclassifying payments causes mismatches with attorneys’ information and IRS expectations. The IRS cross-references forms, and if gross proceeds are reported incorrectly as fees in Box 1 of 1099-NEC (or vice versa), it raises red flags that may trigger an audit.

Failing to issue for incorporated attorneys

Unlike other 1099 reporting requirements, 1099-MISC Box 10 applies to attorneys from corporate law firms. If the gross proceeds paid to an attorney exceeds $600, it has to be reported on Box 10 regardless of corporation status.

Real-Life Scenarios

$100,000 settlement fee ($40,000 paid to attorney)

If a company settles a lawsuit for $100,000, the attorney of the plaintiff will get $40,000. This $40,000 is called gross proceeds, meaning the full amount paid to the attorney, before any fees or deductions. The IRS requires the $40,000 to be reported on Form 1099-MISC, Box 10, even if the attorney later transfers most of the amount to the client.

Insurance claim paid through attorney

If an insurance company pays a settlement claim for $75,000, it must report the full amount paid to the attorney, not just the attorney’s fee. The insurer must report the full claim amount of $75,000 in Box 10 as gross proceeds to the attorney.

$5,000 legal service fee to attorney

If a company hires an attorney for legal work, like drafting contracts or giving legal advice and they were paid $5,000, that amount must be reported on Form 1099-NEC, Box 1. Even though this qualifies as payments to an attorney, it is not covered under 1099-MISC Box 10 reporting rules which applies only for gross proceeds and not legal service work.

Retainer payment for defense

If a business is paying an attorney a retainer of $10,000 upfront for future legal defense or advice, it will be considered as a service fee. Since service fees are not reported on Box 10 of 1099-MISC, this amount must be reported on Box 1 of 1099-NEC.

Client receives all funds, attorney listed only

If a defendant pays $50,000 directly to the plaintiff as a settlement and the attorney’s name is in the settlement agreement, but no money is sent to the attorney’s account, there is no need to file Box 10. In this case, you only file Form 1099-MISC for the client (if the amount is $600 or more) since the attorney never received any payment.

FAQs

Q1: Do I report payments to incorporated law firms?

Yes, gross proceeds payments of $600 or more to attorneys or law firms must be reported on 099-MISC Box 10, even if the entity is an incorporated law firm. For TY 2025, the threshold increases to $2000 due to the passing of OBBBA.

Q2: Box 10 vs. NEC—how do I decide?

Deciding between 1099-MISC Box 10 and 1099-NEC depends on the nature of payments.

1099-MISC Box 10 reports gross process payments to attorneys, such as a settlement payment, while 1099-NEC reports non-employee compensation, including payment for legal services provided by an attorney or a law firm.

Q3: What if I paid both client and attorney?

If you have made payments to both a client and an attorney, you must report the attorney’s gross share on 1099-MISC Box 10. It also applies even if the client receives a separate 1099 for the settlement income (most likely Box 3 on 1099-MISC).

Q4: What if attorney refuses W-9?

If an attorney or law firm refuses or fails to provide a valid TIN, you must begin 24% backup withholding and file 1099-MISC using your best-known payee information.

Q5: How to fix an incorrect Box 10 filing?

If you’ve made a mistake in a previously filed Form Box 10 of 1099-MISC, you can correct that error by submitting a “CORRECTED” Form 1099-MISC to the IRS and the attorney/payee with the updated information.

Avoid costly errors, IRS scrutiny, and late filing penalties.
Report attorney proceeds clearly and correctly on 1099-MISC Box 10.