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U.S. Form 1099-NEC Q&A

Answer
Beginning with the 2020 tax year, the IRS would require business taxpayers to report nonemployee compensation on the new Form 1099-NEC instead of on Form 1099-MISC.

Q: When should I use the Form 1099-MISC?
A: Form 1099-MISC, Miscellaneous Income, is an information return that businesses use to report payments (e.g., rents and royalties) to nonemployees. Each payer must complete the Form 1099-MISC and send the copy of the Form by January 31 if during the tax year the payer pays $600 or more to a recipient.  And the recipient should report all earnings on the tax return.

Q:
When should I use the new Form 1099-NEC?
A:
Businesses would need to use Form 1099-ENC if you made payments totaling $600 or more to a nonemployee. Form 1099-NEC is not a replacement for Form 1099-MISC. Form 1099-NEC, Nonemployee Compensation, is a form that solely reports nonemployee compensation. Form 1099-NEC is only replacing the use of Form 1099-MISC for reporting independent contractor payments. Prior to 2020, you would include nonemployee compensation in Box 7 on Form 1099-MISC.

Q:
What is the definition of the nonemployment compensation?
A:
If the following four conditions are met, a payment is classified as a nonemployee compensation and required to be reported on Form 1099-NEC.
1.
The payment is made to someone who is not your employee;
2. The payment is made for services in the course of your trade or business (including government agencies and nonprofit organizations);
3. The payment is made to an individual, partnership, estate, or in some cases, a corporation; and
4. The payment is made to the payee of at least $600 during the year.

Q:
What information should I report on the Form 1099-ENC?
A:
You should include the following information on the Form 1099-NEC: 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).

Q:
Where should I distribute the copies of Form 1099-ENC?
A:
Please make sure to distribute the following copy to the right recipient before the deadline to avoid penalty:
Copy A: The IRS (by January 31)
Copy 1: State tax department, if applicable
Copy B: Independent contractor (by January 31)
Copy 2: Independent contractor (by January 31)
Copy C: Keep in your business records.

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