1099-NEC (Nonemployee Compensation Filing Requirements)

Nonemployee compensation $600 or more during the year.

The term “1099-NEC” refers to a form that the IRS requires you to file if you paid nonemployee compensation $600 or more during the year.


The rules for 1099 reporting are complex, so it’s important not only to know what they are but also how and when they apply in your specific situation. In this article, we’ll explain the basics of 1099 filing requirements–including when you must file Form 1099-NEC and who’s required by law to do so–and offer tips on how best to prepare for filing them correctly.


What is a 1099-NEC? Form 1099-NEC is a tax document that you must file with the IRS if you paid nonemployee compensation of $600 or more to someone during the year. The term “nonemployee compensation” refers not just to independent contractors, but also to any other person who isn’t an employee of your business–such as lawyers, accountants, consultants and others providing services for which they’re not directly compensated by your company’s payroll department.

What if you have paid nonemployee compensation of $600 or more

If you have paid nonemployee compensation of $600 or more, you must file Form 1099-NEC with the IRS by February 28 of the following year. This is not required for all businesses.

A 1099-NEC is usually issued if your business made payments to any of the following types of entities that did not have an IRS identification number:

A 1099-NEC is usually issued if your business made payments to any of the following types of entities that did not have an IRS identification number:

  • Non-taxable fraternal benefit societies (FBS)
  • Mutual insurance companies (MISC)
  • Professional service corporations (PSC)
  • Real estate investment trusts (REIT).

1. Non-taxable fraternal benefit societies.

  • Non-taxable fraternal benefit societies (such as mutual insurance companies)
  • A corporation that is not an association or organization but is governed by the laws of any state, territory or possession of the United States; or a municipal corporation with a population of 25,000 or more within its corporate limits

2. Mutual insurance companies

Mutual insurance companies are entities that provide insurance and financial services to the public. A mutual company is a type of corporation that is owned by its policyholders, who can vote on matters such as changes in management or investment strategy.


Mutuals must meet certain requirements in order to qualify as a mutual. They must be organized under state law and have an authorized capital stock of at least $5 million per individual or agency member; however, this requirement may be waived if all shareholders agree otherwise (i.e., if each shareholder owns at least 1% of outstanding shares). Additionally, there are specific requirements for how much equity each owner must have in order for them to participate in voting rights:

3. Professional service corporations (such as lawyers, accountants, and other professional service providers)

Professional service corporations (PSCs) are a type of entity that offers services to clients in the form of advice or other types of professional services. PSCs can be used by lawyers, accountants and other professionals who wish to offer their services on a commission basis. The difference between PSCs and regular corporations is that the former does not pay income tax on its profits unless it makes distributions out of those profits; this means that if you’ve been operating as a PSC for several years without making any distributions, then your earnings should be sheltered from federal and state taxes until they’re paid out as dividends or otherwise distributed by the company.


If you own shares in an LLC that pays its members through payroll withholding each month instead of receiving weekly checks directly from clients (such as an accountant), then you don’t have any additional paperwork requirements beyond those necessary when filing W-2s with Social Security Administration (SSA). However if your business is paying employees via direct deposit into bank accounts held individually by each employee rather than through payroll withholdings–or even worse yet–if some staff members don’t have access to bank statements showing exactly how much money was deposited into their accounts per paycheck period–then there may be issues regarding which documents need filing with SSA before submitting Form SS-8

4. Real estate investment trusts (REITs).

A real estate investment trust (REIT) is a special type of corporation that invests in real estate.


You can use them to invest in real estate, which will allow you to benefit from their growth and appreciation over time.


The most common way to invest in a REIT is through an exchange-traded fund (ETF). This allows investors who aren’t familiar with the private market space or don’t want any additional risk exposure by buying individual stocks directly from issuers like Berkshire Hathaway or BlackRock via open-end funds like iShares Core S&P 500 Index ETF Trust II – SPDR S&P 500 ETF TRUST P/E Ratio 1 Year Inflation Protected Bond Fund LPX USD0Y0HVSPFDU1LQ

It’s important to note that not all businesses are required to file Form 1099-NECs

It’s important to note that not all businesses are required to file Forms 1099-MISC, and they’re only required if they pay more than $600 in nonemployee compensation during a year. For example, if you have no employees and only one client pays you $6,000 for services rendered, then this would be considered “nonemployee compensation” for tax purposes because no one else was involved in making the payment (i.e., it’s not related to your business activities). However, if you have multiple clients who each make payments above $600 during the same time period as yours–for example because those clients are members of an association or professional organization–then all of these payments need to be reported on Form 1099-MISC even though they don’t involve any other parties beyond yourself and your client(s).

How to proceed 1099-NEC filling

  • Non-taxable fraternal benefit societies (such as mutual insurance companies)
  • A corporation that is not an association or organization but is governed by the laws of any state, territory or possession of the United States; or a municipal corporation with a population of 25,000 or more within its corporate limits

Due date for filling Form 1099-NEC

  • The due date for filing Form 1099-MISC is January 31st.
  • The due date for filing Form 1099-K is February 28th.

Penalty for Non-Compliance

If you fail to file a 1099-NEC within the required time period, you will be subject to a penalty. The amount of that penalty depends on what kind of failure it is and how long it goes before being corrected. Here’s how they break down:

  • Failure to file – There will be no penalty if your company fails to file on time due to an event beyond its control such as computer problems or natural disasters like hurricanes, earthquakes, or tornadoes (and not because someone forgot). You must also provide proof that this was the case with IRS Form 8809 or other documentation showing why you weren’t able to file timely.
  • If your company files late but fulfills all other requirements for timely reporting including paying any fees associated with late submission (which includes consent), then the penalty will be limited to the interest charges from late payment of taxes due on incorrect deductions claimed by employees who filed their own W2 forms without being compensated properly through payroll withholdings.
If you have any questions or concerns regarding Form 1099-NEC, feel free to contact us at 1-713-777-8787

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