Key Takeaways

  • A 1099 form is an IRS information return used to report various types of income other than wages, salaries, and tips.
  • S Corporations typically don’t receive 1099s for services rendered but must issue them to eligible contractors or vendors.
  • There are multiple 1099 types, including 1099-NEC (nonemployee compensation), 1099-MISC (miscellaneous income), 1099-INT (interest income), and 1099-DIV (dividends).
  • Businesses must issue a 1099 if they paid $600 or more during the tax year for certain services, rents, or legal fees.
  • Misclassifying workers or failing to issue 1099s can lead to IRS penalties.
  • Independent contractors, freelancers, landlords, and investors are among the most common recipients.
  • Understanding what are 1099 forms helps ensure compliance with IRS reporting requirements and accurate tax filings.

Are S Corps 1099 Reportable

You may wonder, "Are S Corps 1099 reportable?" As an S Corporation, if you have utilized independent contractors, it is very likely you will have form 1099 reporting requirements.

Form MISC 1099's serve several purposes. The 1099 allows the independent contractors to properly account for and report their income, as well as the businesses they contract with to measure their contractor expenses. The 1099 also allows the IRS to properly measure and verify independent contractor income and payments.

1099s are for the specific purpose of reporting transactions to contractors in exchange for various non-employee services.

The IRS uses 1099s to make sure taxes are being properly paid from contractors and small business owners. When people are working for themselves as a contractor or small business, the contractor or small business owner needs to keep track of and pay their required taxes on their own. The 1099 form helps them do so and allows the IRS to know how much tax to be looking for.

There are several 1099 MISC forms depending on circumstance.

It is essential to understand how 1099s work, when to send them, and which ones to send.

The penalties for incorrect 1099 form filing and reporting can be significant.

When you fill out your business tax return you also will be required to certify you issued all forms required, such as 1099 MISC.

The IRS generally does not require Form 1099 MISC to be issued to corporations for services, but nonetheless all other business forms are required to have Form 1099 MISC reporting. These include company forms such as:

• LLCs Limited Liability

• Partnerships

• Sole Proprietors

• General Partnerships

You may be surprised at the extent of companies and individuals that qualify for 1099 MISC, which is why it's important to understand its mechanisms well.

When preparing your 1099 MISC you will need the information provided by the contractor or company in a W-9. It is far easier to get the W-9 information early on before beginning to pay the contractor.

The IRS has standard and current W-9 forms on their website. You should use these as they are up-to-date and required.

If your contractor says on their W-9 that they are an individual, LLC, or partnership, they will need to be sent a MISC 1099.

If the W-9 is not properly filled out or the vendor does not give you their EIN, the IRS will need to you to withhold 25% of the payments.

When S Corporations Must Issue 1099s

While S Corporations generally do not receive 1099s for the services they perform, they are often required to issue 1099s to others. If an S Corp pays $600 or more to a non-corporate entity or individual for services during the tax year, it must issue Form 1099-NEC or Form 1099-MISC as applicable.

Common payments that require a 1099 include:

  • Independent contractor payments (non-employee services)
  • Rent paid to landlords
  • Legal or professional service fees
  • Prizes, awards, or other miscellaneous income

However, payments made to most corporations (including C Corps and S Corps) are generally exempt from 1099 reporting—except for certain professional services like attorneys or medical providers, which must always receive a 1099 regardless of corporate status.

Failing to issue required forms can result in substantial IRS penalties, which increase based on how late the filings are and whether the business acted intentionally.

Understanding What 1099 Forms Are

To understand whether S Corporations are 1099 reportable, it’s important to first define what are 1099 forms. A 1099 form is an IRS document used to report various types of income that aren’t covered by a standard W-2. These forms allow the IRS to track income paid to independent contractors, self-employed individuals, and others who receive non-employee compensation.

There are more than a dozen 1099 types, each designed for a specific income source. Some of the most common include:

  • Form 1099-NEC – Reports nonemployee compensation paid to freelancers or contractors.
  • Form 1099-MISC – Used for rent, prizes, legal fees, and other miscellaneous payments not subject to withholding.
  • Form 1099-INT – Reports interest income from bank accounts or investments.
  • Form 1099-DIV – Reports dividends and other distributions from stocks or mutual funds.
  • Form 1099-B – Used by brokers to report the sale of securities.

These forms are critical for tax compliance because they help both recipients and the IRS keep accurate records of taxable income from multiple sources. The payer (such as a business or S Corp) issues the form to the payee and files a copy with the IRS, usually by January 31 of the following year.

How to Determine Who Receives a 1099

The first step in determining your 1099 reporting requirements is to figure out which entities you have relations with that could be considered vendors or contractors. Then determine what kind of entity type they are and if they are an organization or person that needs a 1099 MISC. Employees will not need 1099 MISCs, as do certain exempt corporations.

The next step is to then sum up the payments you have made to that person or organization. 1099s are only required to be issued above a certain threshold, currently $600.

A common mistake is forgetting to give 1099s to lawyers. If you used legal services, you should use and send a 1099 MISC.

Most companies you contract with will also require a 1099 MISC from your business. However if the company is a corporation, under most circumstances, it will not need a 1099.

It is better to file a 1099 than to not file one when it is required. It is better to err on the side of sending a 1099, as the penalties can be significant for non-filing.

Fines for failing to file 1099s properly can accumulate rapidly per form, although there is a maximum limit.

You can be fined for both not reporting the form to the IRS as well as not sending it to the person you were required to send it to.

Both the contracting party and the IRS are entitled to a Form 1099 MISC. There are both electronic reporting options as well as reporting by mail.

Types of 1099s and What They Report

There are more than a dozen 1099 forms currently in use by the IRS. Understanding these variations can help ensure you file the correct one:

Form Used For Example
1099-NEC Nonemployee compensation Payments to freelancers or contractors
1099-MISC Miscellaneous income Rent, royalties, legal fees
1099-INT Interest income Bank or investment earnings
1099-DIV Dividend income Stock or mutual fund dividends
1099-B Brokerage transactions Stock sales
1099-K Third-party network payments PayPal or Venmo income above $600
1099-G Government payments Unemployment benefits
1099-R Retirement distributions IRA or pension withdrawals

Each form helps the IRS confirm reported income against taxpayers’ filings, reducing underreporting and ensuring accurate taxation.

Common 1099 Filing Deadlines and Methods

Understanding filing deadlines is crucial for compliance. Businesses must typically send 1099 copies to recipients by January 31 and to the IRS by February 28 (if filing by paper) or March 31 (if filing electronically).

To streamline the process:

  1. Collect W-9 forms from all contractors before issuing payments.
  2. Verify Taxpayer Identification Numbers (TINs).
  3. Use the IRS FIRE or e-file system to submit electronically.
  4. Keep copies of all issued forms for at least four years for audit protection.

Late or incorrect filings may lead to per-form fines that can add up quickly, especially for small businesses with multiple vendors.

Frequently Asked Questions

1. What are 1099 forms used for? 1099 forms are used to report income that isn’t wages, salaries, or tips. They document payments from clients, banks, or other entities to ensure accurate income reporting to the IRS.

2. Do S Corporations receive 1099s? Generally no—S Corps are exempt from receiving 1099s for services. However, they may receive them for specific payments such as legal fees or medical services.

3. Who needs to issue a 1099 form? Any business or individual that pays $600 or more to a contractor, freelancer, or vendor (excluding corporations in most cases) must issue the appropriate 1099 form.

4. What happens if I don’t file required 1099s? Failure to file can result in IRS penalties ranging from $60 to $310 per form, depending on how late the filing is. Intentional disregard can trigger higher fines.

5. When are 1099 forms due? Recipients must receive their copies by January 31, while filings with the IRS are due by February 28 (paper) or March 31 (electronic).

If you need help with preparing your Form 1099 MISC, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5-percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with, or on behalf of companies like Google, Menlo Ventures, and Airbnb.