在缺席了38年之后,表格1099-NEC在2020年纳税年度完成了纳税申报。在过去的几十年里,企业主有责任使用表格1099-MISC来报告非雇员的薪酬。但有了表格1099-NEC,雇主就可以告别修改后的表格,告别用表格1099-MISC报告非雇员薪酬了。
So, move over, Form 1099-MISC. There’s a new sheriff in town, and its name is Form 1099-NEC.
Overview of IRS Form 1099-MISC
Form 1099-MISC, Miscellaneous Information, is an information return businesses use to report miscellaneous payments (e.g., rents and royalties).
File Form 1099-MISC for each person you have given the following types of payments to during the tax year:
- 至少10美元的版税或经纪人收入,以代替股息或免税利息。
- At least $600 in the following:
- Rents
- Prizes and awards
- Other income payments
- Cash from a notional principal contract to an individual, a partnership, or an estate
- Any fishing boat proceeds
- Medical and health care payments
- Crop insurance proceeds
- Payments to an attorney for legal services (NOT fees)
- Fish purchased for resale
- Section 409A deferrals
- Nonqualified deferred compensation
Do not use Form 1099-MISC for W-2 employees. And as of tax year 2020, do not use Form 1099-MISC to report independent contractor payments (that’s where Form 1099-NEC comes into play).
What is Form 1099-NEC?
Form 1099-NEC, Nonemployee Compensation, is a form that solely reportsnonemployee compensation. Form 1099-NEC isnota replacement for Form 1099-MISC. Form 1099-NEC is only replacing the use of Form 1099-MISC for reporting independent contractor payments.
And, the 1099-NEC is actually not a new form. It was last used in 1982. However, the IRS revived the form in 2020. So … why is the IRS bringing back Form 1099-NEC?
Before the 2015 Protecting Americans from Tax Hikes Act (PATH Act), taxpayers could file one Form 1099-MISC to report nonemployee compensation and miscellaneous payments by February 28 each year. The PATH Act changed the Form 1099-MISCdue dateto January 31 for reporting nonemployee compensation.
由于非雇员补偿的到期日改变,纳税人必须开始使用两张表格1099区分非雇员补偿。这一变化不仅给企业主和纳税人造成了很多困惑,还导致美国国税局错误地将1月31日截止日期之后收到的表格视为逾期申报表。
The IRS has brought back Form 1099-NEC to separate nonemployee expenses and clear up the confusion.
在2020年之前,你需要将非雇员补偿纳入表格1099-MISC的第7栏。2020年,1099-MISC表的第7栏变成了“支付人直接向买方(接受方)销售5000美元或以上的消费产品用于转售”,而非员工薪酬则改为报告在1099-NEC表上。
What is reported on 1099-NEC?
同样,在表格1099-NEC上报告非雇员薪酬。非雇员薪酬通常包括费用、佣金、奖品和奖励。
File Form 1099-NEC for each person you paid the following to during the year:
- $600 or more in:
- Services performed by someone who is not your employee (e.g., independent contractor). This includes payments for parts or
materials used to perform the servicesOR - Cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fishOR
- Payments to an attorney (Attorneys’ fees of
$600 or more paid in the course of your trade or business)
- Services performed by someone who is not your employee (e.g., independent contractor). This includes payments for parts or
在表格1099-NEC第1栏报告上述付款。
同时,根据备份扣缴规则,为每个扣缴联邦所得税的人(第4栏)提交1099-NEC表格(无论支付的金额是多少)。
You must typically report a payment as nonemployee compensation ifallof the following conditions apply:
- You made the payment to an individual who is not your employee
- The payment was for services in the course of your trade or business
- You made the payment to an individual, a partnership, an estate, or a corporation
- Payments to the payee were at least $600 during the year
If you pay an independent contractor nonemployee compensation, separate nonemployee compensation payments from all of your other Form 1099-MISC payments.
You must knowhow to fill out a 1099-NECif you have any workers you paid $600 or more to in nonemployee compensation.
Where do you send Form 1099-NEC?
You need to know where to file 1099-NEC. Like Form 1099-MISC, there are multiple copies of Form 1099-NEC you must distribute.
Check out each copy and its recipient below:
- Copy A: The IRS
- Copy 1: State tax department, if applicable
- Copy B: Independent contractor
- Copy 2: Independent contractor
- Copy C: Keep in your business records
You can file Form 1099-NEC electronically, or you can mail it to the IRS. Where you mail your completed form depends on your state. To e-File Form 1099-NEC, use theIRS’s FIRE system.
Want to learn more about filing Form 1099-NEC with the state?Download our FREE guideon your 1099-NEC and 1099-MISC state filing requirements, complete with deadlines and state government links! |
What do you include on Form 1099-NEC?
As a reminder, newly hired independent contractors must fill outForm W-9. Then, you can use their Form W-9 to fill out Form 1099-NEC.
When filling out Form 1099-NEC, include the following information:
- Your name, address, and phone number
- Your TIN (Taxpayer Identification Number)
- Recipient’s name, address, and TIN
- Total nonemployee compensation
- Federal and state income tax withheld (if applicable)
For more information on how to fill out the form, check out theIRS’s website和1099 - nec指令。
When is the Form 1099-NEC deadline?
Not only do employers have to keep the new 1099-NEC on their radars, but they also need to mark their calendars for a new nonemployee compensation due date.
从2021年开始,在1月31日或下一个工作日(如果是周末)之前,将1099-NEC表格的复印件发给你在一年内支付过非雇员补偿的员工。
每年1月31日前向美国国税局提交副本A。
This article has been updated from its original publication date of March 17, 2020.
This is not intended as legal advice; for more information, please请点击这里。