What is the difference between a 1099-MISC and a 1099-NEC?

Asked by: Giovanna Kihn  |  Last update: March 15, 2025
Score: 4.7/5 (30 votes)

The 1099-NEC is now used to report independent contractor income. But the 1099-MISC form is still around, it's just used to report miscellaneous income such as rent or payments to an attorney. Although the 1099-MISC is still in use, contractor payments made in 2020 and beyond will be reported on the form 1099-NEC.

How do I know if I should file a 1099-MISC or 1099-NEC?

Independent contractors and other suppliers provide a Form W-9 with their contact information and taxpayer identification number (TIN) to their clients or customers for filing forms 1099-NEC to report nonemployee compensation and backup withholding and 1099-MISC to report miscellaneous types of payments and backup ...

Does 1099-NEC replace 1099-MISC?

Basically, the Form 1099-NEC replaced Form 1099-MISC for reporting nonemployee compensation (in Box 7), shifting the role of the 1099-MISC for reporting all other types of compensation. Here's some more guidance on the difference between the 1099-MISC and 1099-NEC, and what you need to know to use the forms properly.

What is a 1099-NEC used for?

The 1099-NEC is the Internal Revenue Service (IRS) form to report nonemployee compensation—that is, pay from 1099 independent contractor jobs (also sometimes referred to as self-employment income).

What is a 1099-MISC used for?

What is a 1099-MISC and what does it mean? A 1099-MISC is a type of tax form. It is used to report miscellaneous income for individuals and companies who have been paid $600 or more in non-employee service payments during a calendar year with the exception of royalty payments of $10 or more.

1099-NEC vs. 1099-MISC, What is the Difference?

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Who must file 1099-MISC?

Persons engaged in a trade or business must file Form 1099 MISC when certain payments are made. A person is engaged in business if he or she operates for profit; thus, personal payments aren't reportable.

Do accountants get 1099-NEC or MISC?

1099-NEC (non-employment compensation) is the form to report payments of $600 or more to: Freelance creative service providers (graphic designers, web developers, writers, etc.) Professional service providers (accountants, consultants, etc.) An attorney (for usual services), even if the firm is a corporation.

Who should be issued a 1099-NEC?

So who gets a 1099-NEC? Typically, this form is issued to independent contractors, janitorial services, third-party accounts and any other worker paid for services who is not on the payroll.

What happens if I get a 1099-NEC but don't have a business?

If payment for services you provided is listed on Form 1099-NEC, Nonemployee Compensation, the payer is treating you as a self-employed worker, also referred to as an independent contractor. You don't necessarily have to have a business for payments for your services to be reported on Form 1099-NEC.

Is a 1099-NEC a proof of income?

This form is one of the best forms to use as proof of income as it serves as an official document for income. Self-employed people will most likely receive a Form 1099-NEC (non-employee compensation) or Form 1099-MISC, which is used if you have several different income sources.

Can I send 1099-NEC and 1099-MISC together?

Yes, the MISC and NEC forms will need to be processed in separate runs. The 1099 parameter can only specify if you are processing 1099-MISC or 1099-NEC forms. Both cannot be created in the same run. This applies to recipient forms as well.

How do I know which 1099 form to use?

Tax forms 1099 for investment income
  • Form 1099-B shows proceeds from securities transactions. ...
  • 1099-DIV reports income from stocks and mutual funds from dividends or capital gain distributions. ...
  • Form 1099-R reports distributions from pensions, annuities, retirement or profit-sharing plans, IRAs, and insurance contracts.

Do I use 1099-MISC or 1099-NEC for attorney fees?

The IRS requires that you report payments to your attorney for legal fees on Form 1099-NEC if the payment(s) total $600 or more. When you pay someone else's lawyer in regard to a settlement, this payment should be reported on 1099-MISC if it totals $600 or more.

What happens if I use 1099-MISC instead of 1099-NEC?

Using the wrong 1099 form, such as a 1099-MISC form versus a 1099-NEC, can cause penalties and delays in processing tax returns. Is income from a 1099-MISC form taxable income? Yes, income from a 1099-MISC form is taxable income. You should report it on your tax return.

Does an LLC get a 1099-MISC or 1099-NEC?

The 1099-NEC Form

You have the 1099-INT form for interest you've received, the 1099-DIV for share dividends and a general 1099-MISC form for miscellaneous income. For most LLCs, though, the 1099 from you're interested in is a Form 1099-NEC. The “NEC” stands for “Non-Employee Compensation.”

How much can you pay someone without a 1099 in 2024?

This means that for 2023 and prior years, payment apps and online marketplaces are only required to send out Forms 1099-K to taxpayers who receive over $20,000 and have over 200 transactions. For tax year 2024, the IRS plans for a threshold of $5,000 to phase in reporting requirements.

Can you get in trouble for not filing 1099-NEC?

The consequence of missing the filing deadline is fine imposed by the IRS. There are late filing penalties. There are penalties for failure to furnish the correct payee statement, and there is a penalty for failure to file electronically. There is also a penalty for intension disregard and fraudulent filing.

Do I need an EIN to file a 1099-NEC?

To complete a 1099-NEC, you'll need to supply the following data: Business information – Your Federal Employer ID Number (EIN), your business name and your business address.

How much can you make on a 1099 before you have to claim it?

For tax year 2025, the threshold is $2,500, regardless of the number of transactions. For tax year 2026 and after, the threshold is $600, regardless of the number of transactions.

Why did my employer give me a 1099-NEC?

If you receive a Form 1099-NEC, that means a client has calculated that they paid you $600 or more over the prior tax year. You'll probably get the form by early February, since employers are required to file their Form 1099-NECs by Jan.

Do I have to pay taxes on 1099-NEC?

If you receive a 1099-NEC, it's important to understand that no taxes have been withheld from these payments, and therefore you are responsible for any income tax and self-employment tax that may be due.

Can you 1099 someone you paid cash?

Cash payments of $600 or more to an independent contractor should be reported on a 1099 form, regardless of the payment method. Neglecting to issue the appropriate tax forms for cash payments can lead to tax implications and penalties.

How do I know whether to use 1099-MISC or 1099-NEC?

The 1099-NEC is now used to report independent contractor income. But the 1099-MISC form is still around, it's just used to report miscellaneous income such as rent or payments to an attorney. Although the 1099-MISC is still in use, contractor payments made in 2020 and beyond will be reported on the form 1099-NEC.

Do accountant fees go on 1099-NEC?

Here are some examples of payments you need to report on the 1099-NEC: Professional service fees to architects, designers, accountants, software engineers, attorneys, and law firms. Fees paid by one professional to another (such as attorney's fees of $600 or more)

Will I get a 1099 for a lawsuit settlement?

If you receive a settlement in California that is considered taxable income, you will need to report it on your tax return. You will typically receive a Form 1099-MISC, which reports the amount of taxable income you received during the year.