If your business paid contractors, landlords, or attorneys, there is a good chance you have 1099 filing obligations—and the IRS is not known for its sense of humor when it comes to missed forms.
What Is a 1099, Really?
“1099” is not one form, but a family of information returns used to report various types of non-wage income to both the IRS and the recipient. For most small and mid-sized businesses, the key players are Form 1099-NEC for nonemployee compensation and Form 1099-MISC for certain miscellaneous payments like rents and legal fees.
While W‑2s are for employees, 1099s are for most nonemployees you pay in your business or nonprofit organization. Getting this line wrong can trigger penalties, payroll tax exposure, and some very uncomfortable IRS letters. To help you determine whether someone is an independent contractor or an employee, see Pub. 15-A.
1099-NEC vs 1099-MISC
Here’s a quick side‑by‑side you can use in the blog to clarify the most common confusion:
| Feature | 1099-NEC | 1099-MISC |
| Primary purpose | Report nonemployee compensation and attorney fees paid to a law firm. | Report certain miscellaneous payments for each person to whom you have paid during the year. (rents, prizes and awards, etc.) |
| Typical recipients | Independent contractors, consultants, freelancers, and attorneys paid in connection with legal services | Landlords, recipients of prizes/awards and certain other payments |
| Dollar threshold | $600 or more | $600 or more |
Go to IRS.gov/Form1099MISC or IRS.gov/Form1099NEC or General Instructions for Certain Information Returns at IRS.gov/1099GeneralInstructions
Who You May Need to Issue a 1099 To
From a practical business-owner standpoint, year-end 1099 reviews typically focus on the following categories:
- Nonemployee service providers: Independent contractors, consultants, and other nonemployees you paid in your trade or business are often reported on Form 1099-NEC once total payments reach the $600 threshold for the year.
- Landlords and property owners: Rent payments made during the year are generally reported on Form 1099-MISC if they meet the reporting threshold.
- Attorney Fees: Payments made to attorneys, including law firms, and are reportable on Form 1099-NEC, even when paid to incorporated entities.
Now is the time to ensure you have all of your W-9 information so the 1099’s are accurate and backup withholding risks are minimized.
Note – Typically, there are exceptions to 1099 reporting for payments made to corporations, however, a detailed review with your tax accountant is necessary to determine what exceptions may apply.
Key Considerations – 1099-MISC
- Generally, payments to a corporation (including a limited liability company (LLC) that is treated as a C or S corporation) do not have to be reported on Form 1099-MISC
- Reportable payments to corporations – The following payments made to corporations must generally be reported on Form 1099-MISC:
- Deceased employee’s wages – When an employee dies during the year, you must report the accrued wages, vacation pay, and other compensation paid after the date of death. Whether the payment is made in the year of death or after the year of death, you must also report the payment to the estate or beneficiary on Form 1099-MISC.
- Rent Payments:
- Real estate rent paid during the year for office space. However, you do not have to report these payments on Form 1099-MISC if you paid them to a real estate agent or property manager.
- Machine rentals (for example, renting a bulldozer to level your parking lot). If the machine rental is part of a contract that includes the use of the machine.
Key Considerations – 1099-NEC
- Payments to attorneys – The term “attorney” includes a law firm or other provider of legal services. Attorneys’ fees of $600 or more paid in the course of your trade or business are reportable in box 1 of Form 1099-NEC, under section 6041A(a)(1).
- Include fees, commissions, prizes and awards for services performed as a nonemployee, and other forms of compensation for services performed for your trade or business by an individual who is not your employee.
- Exchanges of services between individuals in the course of their trades or businesses. For example, an attorney represents a painter for nonpayment of business debts in exchange for the painting of the attorney’s law offices. The amount reportable by each on Form 1099-NEC is the FMV of their own services performed.
- Fees paid by one professional to another, such as fee-splitting or referral fees.
Key Deadlines – When to File
- File and furnish a copy of Form 1099-NEC on paper or electronically by February 2, 2026
- File Form 1099-MISC by February 28, 2026, if you file on paper, or March 31, if you file electronically
If you are using QBO then visit intuit’s tutorial on how you can create and file your 1099’s from the data already in Quickbooks. QBO tutorial to filing 1099’s in Quickbooks
The above does not constitute tax advice and is for informational purposes only. Please consult your tax advisor.

