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Penalties for Missing the 1099-NEC or 1099-MISC Filing Deadline for 2024 

Penalties for Missing the 1099-NEC or 1099-MISC

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! 

Understanding 1099-NEC and 1099-MISC Deadlines 

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.

Form 1099-NEC 

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.

Form 1099-MISC 

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 worstcase scenario? Intentional disregard penalty IRS when you deliberately ignore the filing requirements. This has no maximum limit! 


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Key Changes to 1099 Forms in Recent Years 

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: 

1099-NEC Reintroduced (2020) 

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. 

Mandatory E-Filing (2024 Onward) 

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. 

State Filing Differences 

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.

Key Deadlines 

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. 

 
Form Type 
 
Deadline for Filing 
 
Key Notes
 
 
Form 1099-NEC 
 
Recipient Copies: January 31
Paper Filing: January 31
Electronic Filing: January 31
The deadline is extended to the next business day if January 31 is a weekend/holiday.
 
Form 1099-MISC 
 
Recipient Copies: January 31
Paper filing: February 28
Electronic filing: March 31
For Box 8 and Box 10, recipient statements are due mid-February (date adjusts for weekends/holidays). All dates move to the next business day if they land on a weekend/holiday.

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.

Factors That Trigger IRS Penalties 

Generally, two factors result in IRS penalties. 

Failure to File with the IRS (IRC Section 6721) 
  • Missing the IRS deadline.  
  • Filing on paper when e-filing is required. This is when you have 10 or more returns, starting with 2024 onward.  
  • Submitting forms with missing or incorrect details like mismatched TINs.  
  • Filing on paper when machine readable or electronic format is required. 
Failure to Furnish Copies to Recipients (IRC Section 6722) 
  • Missing the recipient statement deadline.  
  • Providing incorrect amounts, names, or TINs. 

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.

What are the penalties for missing the deadline?

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. 

Charges for Each Information Return or Payee Statement 

Year Due  Up to 30 Days Late  31 Days Late Through August 1  After August 1 or Not Filed  Intentional Disregard 
2025 $60  $130 $340  $660 
2024  $60  $120  $310  $630 
2023  $50  $110  $290  $580 
2022  $50  $110  $280  $570 
2021  $50  $110  $280  $560 
2020  $50  $110  $270  $550 

The maximum penalty is different for small businesses and large businesses including government entities. There is no maximum penalty for intentional disregard.

Avoid a Penalty 

To steer clear of penalties, adhere to the following guidelines: 

  • Timely Filing of Information Returns: Ensure that you submit information returns and provide payee statements to the IRS before the designated due date. 
  • Accuracy is Key: Double-check the returns and payee statements for accuracy, ensuring all information provided is correct. 
  • Verify that you have validated the Name/TIN combination for each form recipient using either the IRS TIN matching system or a third-party product, such as Tax1099 or Compliancely

 

 

How to eFile 1099-MISC or 1099-NEC with Tax1099? 

Tax1099 eFile Process

 

FAQs

  1. Can I get penalized separately for not filing with the IRS and not sending forms to recipients?

– 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. 

  1. Is it possible to waive penalties?

– Yes, that’s possible sometimes. But only if you can show reasonable cause, or it wasn’t due to wilful neglect. 

  1. Can I use Form 8809 to extend both the IRS filing and recipient copy deadlines?

– No, this form applies only to the IRS filing. If you need an extension to send recipient copies, you must use Form 15397. 

  1. What if I file the wrong form?

– File a CORRECTED form with the IRS and resend the corrected copies to the recipients. 

  1. Are state penalties separate from IRS penalties?

– Yes. Many states have their own penalties and due dates on top of the federal ones. 

  1. Do I need to file even if the payments were under $600?

– Generally, the payments under $600 are not reportable on 1099-NEC or 1099-MISC unless there was backup withholding.