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Keeping up with the IRS is part of running a successful business. With so many forms and payments to deal with, it’s easy to mix things up when it comes to 1099-NEC and 1099-MISC. If you don’t get them right, the IRS won’t think twice before handing out penalties.
In this guide, we give you the lowdown on IRS 1099 filing deadlines January 31 and March 31, penalties for late 1099-NEC filing, 1099-MISC late filing penalties, and more. By the end of this blog, the rules will make sense!
The IRS wants to know everything about the payments businesses make. Not just wages, but other payments during trade as well. The two common forms for this job? The 1099-NEC and 1099-MISC. Both forms serve different purposes, and their deadlines are different too.
Businesses need to complete and submit Form 1099-NEC by January 31 (or the following business day if it’s a weekend or holiday) to report payments of $600 or more to non-employee service providers from the previous tax year.
Additionally, businesses must file Form 1099-MISC by March 1 (for paper filing) or March 31 (for electronic filing) to report payments of at least $10 in royalties or a minimum of $600 for services like rent or medical payments made to nonemployees and specific vendors in the previous tax year.
In case a business fails to provide the required forms by the deadline, penalties range from $60 to $340 per form, depending on how long past the deadline the forms are issued.
If a business deliberately neglects the obligation to furnish accurate Form 1099-NEC or Form 1099-MISC, it faces a minimum penalty of $660 per form, or 10% of the income reported on the form, without an upper limit.
If you want to report payments of $600 or more made to independent contractors, freelancers, and service providers, this is the form. This includes attorneys’ fees for legal services which are reported in Box 1 of 1099-NEC.
This form has a strict deadline for filing with the IRS and sending the recipient copy: January 31. If that date falls on a weekend or a federal holiday, it rolls over to the next business day.
Why is this form important? Because it ensures the IRS can verify that nonemployees report their income properly.
Unlike 1099-NEC, this form is broader. It’s used for miscellaneous payments, including rents, royalties, prizes, medical or healthcare payments, and certain legal payments such as gross proceeds paid to an attorney (Box 10).
Generally, January 31 is the magic number here for recipient copies, but there are some exceptions. For example, recipient statements of Box 8 substitute payments and Box 10 gross proceeds paid to an attorney are due in mid-February. Just like with 1099-NEC, if the deadline falls on a weekend or holiday, it shifts to the next business day.
For IRS filing, payers have more time: February 28. If you take the electronic route, it’s March 31
Missing a deadline means penalties for late 1099-NEC filing and 1099-MISC late filing penalties. Even if it’s a few days, the IRS will not go easy on you. Brace yourself for fines that range from modest to substantial, if many forms are late. The worst–case scenario? Intentional disregard penalty IRS when you deliberately ignore the filing requirements. This has no maximum limit!
File your 1099-NEC and 1099-MISC forms seamlessly with Tax1099. Our bulk uploads, automated reminders, and real-time error checks will save you from IRS notices and penalties!
The rules for 1099 filing have not been constant. Important changes have been made in the past few years that every business should know about. Here are a few changes:
For decades, contractor payments were reported on Box 7 of Form 1099-MISC. But the IRS brought back Form 1099-NEC starting with the 2020 tax year. So, from 2020, all nonemployee compensation of $600 or more must be reported on 1099-NEC. Remember this 1099-NEC $600 reporting rule.
But why is it a big deal? It separates contractor payments from miscellaneous income. That means businesses now have distinct deadlines to track.
Beginning in 2024, if you’re filing 10 or more information returns in total (all types like 1099s, W-2s, 1098s etc.), e-filing is mandatory. Paper filing is no longer an option for most filers, so e-file platforms have become a must-have.
Many states participate in the IRS Combined Federal/State Filing (CF/SF) Program (which does include 1099-NEC), but not all do. Several states still require direct state filing or have additional rules like separate portals, thresholds, or IDs. Basically, don’t assume that federal filing covers state obligations. You could end up with penalties at the state level.
What is the trickiest part for payers who must file 1099-MISC and 1099-NEC? Juggling the different due dates. Both forms usually require recipient copies by January 31, but the IRS deadlines are not the same. Missing even one deadline can trigger penalties.
Why is the NEC deadline so strict? Since the contractor income is reported here, the IRS wants it early to prevent underreporting. Both the IRS and the recipient must receive 1099-NEC by January 31.
Why the extra time for 1099-MISC? That’s because 1099-MISC covers many payment types like rent, prizes, royalties, medical, gross proceeds to attorneys, etc. So, the IRS allows February 28 for paper-filing or March 31 for e-filing. But recipient copies must still be sent by January 31, except for the specific mid-February categories mentioned above.
Generally, two factors result in IRS penalties.
Note: A single mistake can trigger two penalties. One under Section 6721 (IRS) and one under Section 6722 (recipient). For example, filing a 1099-NEC late with the IRS and sending it late to the contractor can trigger penalties under both categories.
The penalties for missing the filing deadline for 1099 MISC and 1099 NEC forms can vary. The IRS may impose penalties based on the number of forms not filed and the duration past the deadline. The penalties range from $60 – $340 per form (tax year 2025), depending on lateness. Timely filing or seeking an extension is crucial to avoid potential penalties.
The maximum penalty is different for small businesses and large businesses including government entities. There is no maximum penalty for intentional disregard.
Deadlines can creep up on you faster than you think, if you’re complacent. But lucky for you, there are some IRS penalty relief for late 1099 filing.
Generally, Form 8809 extension 1099 forms gives you 30 days more to file your returns with the IRS. But there’s no automatic extension for W-2 and 1099-NEC.
For 1099-NEC, you need to justify why you need more time. There’s also a possibility of a second 30-day extension for hardship.
These are separate from filing extensions, and you’ll need to file Form 15397 (via fax) with the IRS. These are not easy to get. They’re granted only for significant reasons like severe illness or catastrophe.
There’s another way for the IRS to waive penalties. This might be possible if the filer shows reasonable cause and not wilful neglect. Documents are key in this scenario like timely W-9 solicitations, TIN Matching, recordkeeping, system outage logs and remediation steps.
To steer clear of penalties, adhere to the following guidelines:
How to Correct Errors Afterthe Deadline
Who doesn’t make mistakes? It’s not the end of the road! Here’s how you can get back on track:
– Yes, according to the IRS, these are two different responsibilities. So, you get penalties under Section 6721 if you fail to file with the IRS and under Section 6722 for the recipient.
– Yes, that’s possible sometimes. But only if you can show reasonable cause, or it wasn’t due to wilful neglect.
– No, this form applies only to the IRS filing. If you need an extension to send recipient copies, you must use Form 15397.
– File a CORRECTED form with the IRS and resend the corrected copies to the recipients.
– Yes. Many states have their own penalties and due dates on top of the federal ones.
– Generally, the payments under $600 are not reportable on 1099-NEC or 1099-MISC unless there was backup withholding.