Does an LLC or S Corp Get a 1099? Understanding the IRS Rules

by | Apr 18, 2025 | Blog, Sole Proprietorship vs S Corp

For small business owners, navigating IRS tax compliance and whether your LLC or S Corp receives a 1099 or needs to issue one can feel confusing. You’re not alone. But without proper guidance and accountants to demystify the 1099-NEC process, which is pivotal for reporting non-employee compensation, you won’t meet the IRS rules for compliance.

Get to know the essentials of the 1099-NEC and why this key tax form could be the most efficient choice for your single-member LLC. Learn how to use this form effectively and keep your business compliant without unnecessary stress.

What’s a 1099-NEC?

The 1099-NEC form is essential for small business owners, especially those with single-member LLCs or S Corps. This form reports payments to non-employees like independent contractors and freelancers.

Unlike the W-2, which is the wage and tax statement for employees, the 1099-NEC focuses on non-employee compensation. This distinction helps business owners correctly classify their workforce for tax purposes while streamlining expense tracking for self-employed individuals.

The 1099-NEC ensures the IRS knows about income paid to individuals or entities not on a company’s payroll, particularly when payments exceed $600 per year. This helps businesses report these payments accurately, aiding the payer and recipient in meeting tax obligations. It also assists the IRS in tracking income that they might otherwise miss, promoting compliance.

For small business owners, using this form simplifies managing contractor relationships and ensures they properly document all payments.

Differences between a 1099-NEC and other types of 1099s

The 1099-NEC is specifically for reporting non-employee compensation, setting it apart from other 1099 forms like the 1099-MISC. The 1099-MISC was once a catch-all for various payments. Now, it focuses on things like rents and royalties and excludes non-employee compensation, which is now the domain of the 1099-NEC.

Small business owners must know which form to use:

  • If you pay a contractor more than $600 for their services, a 1099-NEC is required.
  • Conversely, if you pay the same amount for office rent, a 1099-MISC is the right choice.

Each form plays a unique role in tax reporting; using the correct one is key to staying compliant. Missteps in classification can lead to IRS issues, so you must assess each payment type carefully. This diligence helps maintain accurate records and avoid penalties.

Who gets a 1099-NEC?

This form is typically issued to independent contractors and freelancers who provide services to your business but aren’t on your payroll. If you’ve paid someone like a graphic designer or a consultant $600 or more during the year, they need a 1099-NEC. Remember, this $600 threshold applies to each contractor individually.

The 1099-NEC isn’t just for individuals. It also applies to certain business entities, such as single-member LLCs and partnerships, when they offer services to your company. However, payments to corporations are usually exempt unless they’re for legal or medical services.

Who has to file a 1099-NEC?

If you’ve paid a non-employee, such as a freelancer or contractor, $600 or more, you’re generally required to file this form. This ensures the IRS is aware of these payments, aiding in accurate tax reporting.

It’s not just about the amount; the type of service and the recipient’s business structure matter, too. While sole proprietors, partnerships, and some LLCs usually need a 1099-NEC, corporations are often exempt unless the payments are for legal or medical services.

How to file Form 1099-NEC

Submitting a 1099-NEC doesn’t have to be daunting—just follow these steps to file your 1099-NEC with the IRS:

  1. Gather your contractors’ details, like names, addresses, and taxpayer IDs. Keeping organized records throughout the year simplifies this process.
  2. Use IRS-approved software or forms to fill out the 1099-NEC, ensuring you accurately report the total payments made to each contractor.
  3. Double-check your entries to avoid mistakes that could lead to penalties.
  4. Submit the forms to the IRS electronically or by mail, but remember that electronic filing is often quicker and more reliable.
  5. Send copies to your contractors by the IRS deadline to help them report their income correctly.

Due dates for filing and consequences of late filing

You must provide copies to contractors by January 31st and file with the IRS by the same date if filing electronically. If you opt for mail, the deadline extends to February 28th.

Missing these deadlines can be costly. Depending on the delay, information return penalties range from $50 to $280 per form and potentially exceed $1 million for small businesses.

Mark these dates on your calendar to avoid these penalties and prioritize timely submissions.

Why contract help is a great option for solopreneurs

For businesses of one & solopreneurs, using “1099’s” or contract help offers clear advantages over traditional W-2s:

  • Using contractors can reduce payroll taxes and employee benefits, providing flexibility to adjust your workforce without long-term commitments.
  • Contractors often bring specialized skills that can boost your business operations.
  • Issuing 1099-NECs helps maintain a clear line between employees and contractors, simplifying tax reporting and reducing administrative tasks.

Simplify your finances with Besolo’s Solo LLC package

Besolo’s Solo LLC package simplifies your business operations, offering tools for tax filing, accounting, and financial management. Thanks to integrated solutions that streamline the process, handling 1099-NEC forms becomes easier with Besolo.

As a Besolo member, you also gain access to comprehensive support for your financial and tax responsibilities, helping you stay compliant with IRS regulations and easing the burden of managing your business finances.

Ensure compliance and enhance your financial strategy with Besolo

Grasping the use of 1099-NEC forms is critical for LLCs and S corps aiming to stay compliant and optimize their financial strategies. Opting for 1099-NECs over traditional employment can lead to cost savings and greater flexibility. For those needing thorough business support, consider Besolo’s Solo LLC package. With tools and resources designed for small business needs, Besolo can help you efficiently manage your tax and accounting duties.

Visit Besolo online to learn more about our services and how we can assist your business needs.

 

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