1099-NEC Filing Guide for Small Businesses: Who Gets One, Deadlines & Penalties (2026)
Who needs a 1099-NEC, how to collect W-9s, the January 31 deadline, the new $2,000 threshold, penalties, and how to prep your contractor records now.
By Jennifer Liu · · 11 min read
1099-NEC Filing Guide for Small Businesses: Who Gets One, Deadlines & Penalties (2026)
If you paid a freelancer, a bookkeeper, a web developer, or a handyman to do work for your business this year, there is a good chance you owe them — and the IRS — a Form 1099-NEC by the end of January. It is one of the most common small-business compliance tasks, and one of the most commonly botched, usually for one reason: the information needed to file was never collected during the year.
This guide covers who gets a 1099-NEC, what changed with the reporting threshold, the deadlines, the penalties, and a practical October-to-December checklist so January is a quiet afternoon instead of a scramble.
A note on accuracy: Information-return rules, thresholds, and penalty amounts change, and recent federal legislation changed the reporting threshold. Treat this as a working guide and confirm current figures on IRS.gov or with your tax professional before you file.
1099-NEC vs 1099-MISC vs 1099-K
Three forms get confused constantly. Here is the short version:
| Form | What it reports | Who files it |
|---|---|---|
| 1099-NEC | Nonemployee compensation — payments for services by someone who is not your employee | You, the business that paid |
| 1099-MISC | Other business payments such as rent, prizes and awards, certain medical and healthcare payments, and gross proceeds paid to attorneys | You, the business that paid |
| 1099-K | Payments processed through card networks and third-party payment networks | The payment processor or platform, not you |
Before 2020, contractor payments went in box 7 of the 1099-MISC. The IRS split them onto the 1099-NEC, so if you remember "1099-MISC for contractors," that is outdated. Contractor fees go on the NEC; rent for your office goes on the MISC.
Who must receive a 1099-NEC
As a general rule, you file a 1099-NEC for each person or business that meets all of these:
- You paid them for services (not merchandise or inventory).
- They are not your employee. Employees get a W-2, never a 1099.
- You paid them in the course of your trade or business. Paying a plumber to fix your home bathroom is personal and not reportable; paying a plumber to fix your restaurant's bathroom is.
- You paid them at least the reporting threshold during the calendar year (see the next section).
- They are an individual, partnership, or LLC taxed as a sole proprietorship or partnership — not, in most cases, a corporation.
Common exclusions
- Corporations. Payments to C corporations and S corporations are generally exempt. The big exception: legal fees paid to attorneys are reportable even if the law firm is incorporated. Some medical and healthcare payments are also reportable regardless of entity type (usually on the 1099-MISC).
- Card and payment-app payments. If you paid a contractor by credit card, debit card, or through a third-party payment network (for example a PayPal or Venmo business transaction), the processor reports it on a 1099-K. You exclude those payments from your 1099-NEC to avoid double reporting.
- Payments for goods. Buying supplies or inventory from a sole proprietor is not reportable on the NEC.
- Personal payments. Anything that is not a business expense.
- Employee reimbursements and wages. These belong in payroll.
The form W-9 you collect tells you the vendor's entity type, which is why it is the foundation of the whole process.
Thresholds: $600 becomes $2,000
For many years, the threshold for the 1099-NEC was $600 per payee per calendar year. Recent federal legislation raised it:
| Payments made | Reporting threshold per payee |
|---|---|
| Through December 31, 2025 | $600 |
| After December 31, 2025 (calendar year 2026) | $2,000 |
| After 2026 | $2,000, indexed for inflation |
In practice, this means the 1099-NEC forms you file in early 2026 (for 2025 payments) use the old $600 threshold, and the forms you file in early 2027 (for 2026 payments) use the $2,000 threshold. Because the change is new and inflation adjustments will follow, confirm the current threshold in the latest IRS instructions for Forms 1099-MISC and 1099-NEC before filing. State thresholds may not follow the federal change, so check your state too.
One practical tip: track every contractor regardless of the threshold. You cannot know in March whether someone will cross $2,000 by December, and a contractor under the threshold still needs to report the income on their own return.
Step by step: how to do 1099s properly
1. Collect a Form W-9 before the first payment
Make the W-9 part of onboarding a vendor, not part of January. It gives you their legal name, business name, tax classification (individual, LLC, corporation, and so on), address, and taxpayer identification number (SSN or EIN). The single best rule in this guide: no W-9, no first payment. Your leverage disappears after you have paid.
2. Track payments by vendor all year
Every payment to a contractor should be tagged to that vendor and categorized as contract labor (or a similarly named expense account). Note the payment method too — check, ACH, and cash count toward the NEC; card and payment-network payments generally do not. If your books lump everything into "Miscellaneous," January becomes a forensic exercise.
3. Verify names and TINs
A mismatch between the name and TIN on your filing and what the IRS has on record can trigger a notice and, eventually, backup withholding obligations. Businesses that file information returns can register for the IRS TIN Matching program to verify combinations before filing.
4. Decide how you will file
The IRS requires electronic filing if you file 10 or more information returns in aggregate during the year — and that count includes all types combined (1099-NEC, 1099-MISC, 1099-INT, W-2s, and others). Most small businesses now e-file through the IRS's free Information Returns Intake System (IRIS), their accounting or payroll provider, or a third-party filing service. If you file fewer than 10 returns, paper is still allowed, but paper filing requires official scannable red-ink forms and a Form 1096 transmittal — you cannot print the IRS copy from a website PDF.
5. Furnish recipient copies
Send Copy B to each contractor by the deadline. You can deliver it electronically only if the recipient has consented to electronic delivery; otherwise mail it.
Deadlines
| What | Deadline | Notes |
|---|---|---|
| 1099-NEC to recipient | January 31 | Paper or electronic (with consent) |
| 1099-NEC to IRS | January 31 | Same date for paper and e-file — no later e-file date for the NEC |
| 2026 payments | February 1, 2027 | January 31, 2027 falls on a Sunday, so the deadline moves to the next business day |
| State filing | Varies | Many states receive data through the Combined Federal/State Filing program; others require direct filing |
Unlike most other 1099s, there is no automatic 30-day extension for the 1099-NEC. An extension (Form 8809) is available only in limited hardship circumstances. Plan as though January 31 is fixed.
State notes: Some states require their own filing even when the Combined Federal/State Filing program covers others, and some have different thresholds or require state withholding information. Check your state revenue department's site each year.
Backup withholding
If a contractor fails to provide a TIN, or the IRS notifies you that the TIN is incorrect, you may be required to withhold 24% of reportable payments as backup withholding and remit it to the IRS (reported on Form 945). This is usually enough motivation for a contractor to return the W-9.
Penalties
Penalties for information returns are assessed per return, and they apply separately for failing to file with the IRS and failing to furnish the recipient's copy — so one missing 1099 can be penalized twice. The amount depends on how late you are:
| How late | Penalty level |
|---|---|
| Filed within 30 days of the deadline | Lowest tier, per return |
| Filed more than 30 days late but by August 1 | Middle tier, per return |
| Filed after August 1, or not at all | Highest standard tier, per return |
| Intentional disregard | Substantially higher per return, with no annual cap |
Annual maximums apply to the standard tiers and are lower for small businesses (generally those with average annual gross receipts of $5 million or less). The dollar amounts are adjusted for inflation every year, so check current IRS amounts in the General Instructions for Certain Information Returns rather than relying on figures from an old article. Penalties also apply to returns filed with incorrect information, such as a wrong TIN or wrong amount, which is why the W-9 and TIN check matter.
Common mistakes
- Missing W-9s. By far the most common problem. Chasing a contractor who finished the job in May is painful; collect it upfront.
- Reporting card payments. Including payments made by credit card or a payment network on your 1099-NEC double-reports the contractor's income. Exclude them.
- Misclassifying employees as contractors. Whether someone is an employee depends on behavioral control, financial control, and the nature of the relationship — not on what you call them. Issuing a 1099 to someone who is really an employee can lead to back payroll taxes and penalties. If in doubt, ask a professional.
- Sending 1099s to corporations by default. Not illegal, but unnecessary — except for attorneys, who should get one regardless.
- Using the DBA instead of the legal name. The name on line 1 of the W-9 must match the TIN.
- Forgetting cash and checks. Contractor payments made outside your main bank account still count.
- Mixing business and personal payments. Contractor work done at your home and paid from a business account should be reviewed; personal payments are not reportable, and running them through the business is its own problem.
Q4 prep checklist (October to December)
Doing this now turns January into a filing task rather than a research project.
October
- Pull a year-to-date report of every payment to every vendor.
- Flag vendors who provide services and are not corporations.
- Request W-9s from anyone missing one.
November
- Separate card and payment-network payments from check, ACH, and cash payments for each contractor.
- Identify contractors near or over the threshold for the year.
- Confirm entity types and legal names against the W-9s; run TIN Matching if registered.
- Decide your filing method and set up an e-file account (such as IRIS) if needed.
December
- Review any late-year contractor invoices so payments land in the right calendar year.
- Confirm mailing addresses and e-delivery consent.
- Make sure contract labor is categorized consistently across the year.
- Fold this into your broader year-end bookkeeping checklist.
Keep the supporting invoices and W-9s with your records — our guide to what receipts to keep for taxes covers retention periods. If you are on the other side of the form, the freelancer finance guide explains how to reconcile the 1099s you receive with your own income records.
How LedgerFlow helps
LedgerFlow does not file 1099s for you, but it handles the part that usually breaks: having clean, complete vendor records when the deadline arrives.
- Categorized contractor payments. Bank and card transactions are categorized as they sync, so contract labor sits in its own expense line rather than inside "Miscellaneous."
- Vendor-level history. You can see what you paid each vendor over the year, which makes it easier to spot who is approaching the threshold before December.
- Payment method context. Because transactions come from the connected bank and card accounts, it is easier to separate card-paid contractors (reported on 1099-K) from check and ACH payments.
- Reconciled books. When your books tie to the bank, the totals you hand to your filing service or accountant are the totals you actually paid.
Your accountant or filing service still prepares and submits the forms; LedgerFlow gives them reliable numbers to start from.
This content is for educational purposes only and does not constitute tax, legal, or accounting advice. Thresholds, deadlines, and penalty amounts change; confirm current IRS and state guidance with a qualified tax professional.
Frequently Asked Questions
Do I send a 1099-NEC to an LLC?
It depends on how the LLC is taxed. A single-member LLC taxed as a sole proprietorship, or a multi-member LLC taxed as a partnership, generally gets a 1099-NEC if you paid it at least the reporting threshold for services. An LLC that has elected to be taxed as an S corporation or C corporation is generally exempt, except for legal fees paid to attorneys. The tax classification checked on the vendor's Form W-9 tells you which applies.
What if a contractor won't give me a W-9?
Request it in writing and keep a record of your requests. If you make a reportable payment without a TIN, you are generally required to apply backup withholding at 24% on reportable payments and remit it to the IRS. You should still file the 1099-NEC with the information you have. The easiest fix is prevention: require a completed W-9 before making the first payment.
Do I issue a 1099-NEC for payments made by credit card or PayPal?
Generally no. Payments made by credit card, debit card, or through a third-party payment network are reported by the payment processor on Form 1099-K. Exclude those payments from your 1099-NEC totals so the contractor's income is not reported twice. Payments by check, ACH, bank transfer, or cash are the ones you report.
What is the 1099-NEC deadline?
Both the recipient copy and the IRS copy are due January 31, whether you file on paper or electronically. When January 31 falls on a weekend, the deadline moves to the next business day, so forms for 2026 payments are due February 1, 2027. There is no automatic extension for the 1099-NEC; extensions are granted only in limited circumstances.
Can I fix a 1099-NEC I filed wrong?
Yes. File a corrected 1099-NEC with the IRS and send a corrected copy to the recipient as soon as you find the error. Correcting promptly can reduce or avoid penalties for incorrect information. The correction process differs slightly for wrong amounts versus a wrong payee name or TIN, so follow the current IRS instructions for corrected returns or have your filing service handle it.