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Taxation

Form 1099-NEC

Reviewed by Rohan Sasne on Jun 18, 2026

Form 1099-NEC is the IRS information return a US business files to report nonemployee compensation paid to a US independent contractor during a calendar year. The threshold is $2,000 for payments made in 2026, up from $600 for earlier years.

Related: How to issue a 1099-NEC.

Form 1099-NEC, Nonemployee Compensation, drawn as a tax form with one box highlighted

Form 1099-NEC, the Nonemployee Compensation information return, is the form US businesses use to report payments to US independent contractors and other nonemployees. Reintroduced for tax year 2020, it pulled nonemployee compensation out of Box 7 of Form 1099-MISC and into a standalone return with a tighter January 31 deadline. Reporting has historically been required when a US payer pays $600 or more for services in the course of its trade or business, per the Instructions for Forms 1099-MISC and 1099-NEC. The One Big Beautiful Bill Act raised that threshold: for payments made after December 31, 2025, “the minimum threshold amount for reporting certain payments required to be reported on certain information returns… increased to $2,000 and will be adjusted for inflation beginning in calendar year 2027,” per the IRS 2026 General Instructions for Certain Information Returns (Pub. 1099). The current form is available from the IRS About Form 1099-NEC page.

How Form 1099-NEC Works

Form 1099-NEC has a small number of reportable boxes. The most important fields are:

  • Payer. Name, address and TIN (typically EIN) of the US business making the payment.
  • Recipient. Name, address and TIN of the contractor, taken directly from Form W-9.
  • Box 1. Nonemployee compensation. This is the total of all reportable service payments made to the recipient during the calendar year.
  • Box 4. Federal income tax withheld (used when backup withholding applied because the contractor did not provide a TIN).
  • State boxes. Some states require state copies through the Combined Federal/State Filing (CF/SF) program. Other states require direct state filing.

For each US contractor paid at or above the annual threshold ($2,000 for payments made in 2026, $600 before that), the payer prepares a Form 1099-NEC, furnishes Copy B to the recipient, and transmits Copy A to the IRS. If 10 or more information returns are filed in aggregate, the transmission must be electronic through the IRS IRIS portal or the legacy FIRE system, per Treasury Decision 9972.

Who Needs It

A US business must issue Form 1099-NEC to each US person it paid in the course of its trade or business if all of the following are true:

  • Payment is for services (not for goods or merchandise)
  • The recipient is not a US corporation (with limited exceptions, including attorney payments and certain medical and healthcare payments which require 1099-NEC or 1099-MISC even when the recipient is a corporation)
  • Aggregate payments to that recipient in the calendar year are at least $2,000 for payments made in 2026 (the threshold was $600 before 2026)
  • The recipient is a US person (US citizens, US resident aliens and US entities). Non-US contractors are documented on Form W-8BEN or Form W-8BEN-E and any reportable US-source payment is reported on Form 1042-S instead

Payers also issue 1099-NEC where backup withholding under section 3406 was withheld at the 24% rate, regardless of the reporting threshold.

Filing Deadlines

The 1099-NEC schedule is one of the strictest in the 1099 family.

  • Recipient copy (Copy B). Due to the contractor by January 31 of the year following payment, per the Instructions for Forms 1099-MISC and 1099-NEC.
  • IRS copy (Copy A). Due to the IRS by January 31, whether filed on paper or electronically. Unlike most other 1099 series forms, there is no later electronic-filing deadline.
  • State copies. Where required, generally due on the same January 31 schedule, though a handful of states accept later filings.
  • E-file threshold. Filers with 10 or more information returns in aggregate during the calendar year must e-file, effective for returns required to be filed on or after January 1, 2024, per T.D. 9972.
  • Extension. A 30-day filing extension can be requested on Form 8809, but it is not automatic and is granted only in limited circumstances for 1099-NEC, per the Form 8809 instructions.

Common Mistakes

  • Sending 1099-NEC for goods. 1099-NEC reports services only. Payments for inventory or merchandise to a US vendor are not reportable.
  • Reporting payments to corporations. Most service payments to a US C or S corporation are not reportable on 1099-NEC. Attorney payments are the major exception (and any payment to a medical-and-healthcare-services corporation is still reportable on 1099-MISC).
  • Issuing 1099-NEC to a foreign contractor. A non-US contractor receives a Form 1042-S for US-source income (or no IRS form for foreign-source services), not a 1099-NEC.
  • Missing backup withholding. If a contractor never provided a Form W-9 or provided an incorrect TIN, the payer must withhold 24% backup withholding and report it in Box 4. Skipping this exposes the payer to penalties and the unpaid tax.
  • Filing on paper above 10 returns. Filers above the 10-return aggregate must e-file. Mailing paper Copy A above the threshold can be treated as a failure to file.

Omnivoo Contract Management tracks contractor payments year-round, validates US versus foreign status from the underlying W-9 or W-8, and generates ready-to-file 1099-NEC packages by January 31 with built-in e-file thresholds.

Frequently asked questions

When is Form 1099-NEC required?
Form 1099-NEC is required when a US business pays a US person (individual, partnership or LLC, generally not a C or S corporation) at or above the annual reporting threshold for services performed in the course of the payer's trade or business. The threshold was $600 for payments through 2025 and rises to $2,000 for payments made after December 31, 2025, per the IRS 2026 General Instructions for Certain Information Returns. Attorney payments are reported regardless of entity type.
What is the deadline to file Form 1099-NEC?
Both the recipient copy and the IRS copy of Form 1099-NEC are due by January 31 of the year following payment, whether filed on paper or electronically, per the Instructions for Forms 1099-MISC and 1099-NEC. There is no later filing deadline for electronic 1099-NEC filers, unlike Form 1099-MISC.
Do I have to e-file Form 1099-NEC?
Yes, if you file 10 or more information returns in aggregate during the calendar year, you must file electronically through the IRS IRIS or FIRE system. The 10-return e-file threshold was set by Treasury Decision 9972 and is effective for returns required to be filed on or after January 1, 2024.
Do I issue Form 1099-NEC to non-US contractors?
No. Payments to non-US contractors for services performed outside the United States are generally not reportable on Form 1099-NEC. If a non-US contractor performed services inside the United States, the payment is US-source and is reported on Form 1042-S, not 1099-NEC. Form W-8BEN or W-8BEN-E documents the foreign status.
What is the penalty for filing Form 1099-NEC late?
Per-return penalties under IRC section 6721 scale with how late the filing is and the size of the filer. For tax year 2025 returns (due in 2026), penalties range from $60 per form filed up to 30 days late to $330 per form filed after August 1, with maximums in the millions of dollars per year. Intentional disregard carries a penalty of at least $660 per return with no cap. Amounts are adjusted annually for inflation, see the [IRS Information Return Penalties page](https://www.irs.gov/payments/information-return-penalties) for the current year.

Related Terms

Taxation

Form 1042-S

Form 1042-S is the IRS information return a US withholding agent files to report US-source income paid to a foreign person and the tax withheld under chapters 3 and 4 of the Internal Revenue Code.

Taxation

Form 1099-MISC

Form 1099-MISC is the IRS information return a US business files to report rents, royalties, prizes, attorney payments and other miscellaneous income paid to US persons during a calendar year.

Taxation

Form W-9

Form W-9 is the IRS form a US person gives a payer to certify their taxpayer identification number and avoid 24% backup withholding on reportable payments.

Taxation

Taxpayer Identification Number (TIN)

A Taxpayer Identification Number (TIN) is an identification number used by the Internal Revenue Service in the administration of US tax law. The five types are the SSN, ITIN, EIN, ATIN, and PTIN. An SSN is issued by the Social Security Administration, and all other TINs are issued by the IRS.

Taxation

Backup Withholding

Backup withholding is a 24 percent federal income tax that a US payer must withhold from certain reportable payments when the payee fails to provide a correct TIN or when the IRS notifies the payer that the payee is delinquent on prior reporting.

Taxation

Estimated Taxes

Estimated taxes are the periodic payments the IRS uses to collect income tax, and other taxes such as self-employment tax, on income that is not subject to withholding. Individuals, including sole proprietors, partners, and S corporation shareholders, generally pay estimated tax in four installments across the year using Form 1040-ES when they expect to owe enough tax at filing.

Taxation

Form 1096

Form 1096 is the Annual Summary and Transmittal of U.S. Information Returns, the paper cover sheet a filer submits to the IRS with paper copies of information returns such as the 1099 series. It is not used when those returns are filed electronically.

Taxation

Form 1099-K

Form 1099-K is the IRS information return on which payment settlement entities, including third-party settlement organizations, report gross payment-card and third-party network transactions for goods and services.

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