How do you know who needs a 1099 and who doesn’t? Or whether they need a 1099-MISC or a 1099-NEC? And how do you fill them out to be sure you’ve given the IRS everything required? Here’s what you need to know about Forms 1099-MISC and 1099-NEC.
Updated: October 3, 2026 • 26 min read
How do you know who needs a 1099 and who doesn’t? Or whether they need a 1099-MISC or a 1099-NEC? And how do you fill them out to be sure you’ve given the IRS everything required? Here’s what you need to know about Forms 1099-MISC and 1099-NEC.
If you’ve paid an independent contractor for services during the year, you will most likely need to send them a 1099-NEC while also reporting their income to the IRS at the beginning of next year. There are other non-employee workers who are not contractors, and who will need a 1099-MISC. We’ll go into this a little later.
Prefer video content instead? OnPay subject-matter expert and certified public accountant Noel Lorenzana explains what each form is used for.
Here’s a closer look at both forms, including who needs to file, which one applies to you, and how to fill them out correctly.
The IRS finalized the 2026 Form 1099-NEC and Form 1099-MISC, along with instructions for filling them out. These updates reflect two significant changes under the One Big Beautiful Bill Act (OBBBA): a higher reporting threshold and new boxes for tips and overtime. Here’s a breakdown of what changed:
While there are a variety of 1099 forms, the newest one is 1099-NEC. It’s used to report payments to contractors and service providers who are not employees at your company and do not have taxes withheld. Before, these payments were reported using a 1099-MISC, in box seven.
Because this form is provided to both the contractor and the IRS, it lets the IRS track whether the contractor, who is responsible for paying their own taxes, is reporting the correct amount of income on their return.
It’s important to remember that corporations, including S Corporations and C Corporations, generally do not receive a 1099 for services they provide. Attorneys are an exception to this rule. If you pay an attorney’s fees for legal services, you must issue a 1099-NEC, even if the attorney is incorporated. Other exceptions include payments to for-profit medical providers.
You should only issue Form 1099 to document payments for services rendered, not for goods purchased. There’s also a reporting threshold to get over: $600 for payments made in 2025 and earlier, or $2,000 for payments made starting in 2026. So you won’t have to issue a 1099 to a contractor paid less than that year’s threshold.
Generally, any business that pays a non-employee independent contractor $2,000 or more during the tax year ($600 or more prior to 2026) must file Form 1099-NEC (or MISC). They must send Copy A to the IRS, and Copy B to the contractor, by January 31 of the year after the business paid the contractor, or the next business day if that date falls on a weekend or holiday.
The IRS calls Form 1099-NEC the “Nonemployee Compensation” form, while Form 1099-MISC is officially titled “Miscellaneous Information.” Both are information returns, and you don’t need to pay taxes when filing either form. Instead, the contractor pays their own taxes, generally in the form of quarterly estimated tax payments throughout the year. The 1099 simply informs the contractor and the IRS of how much you paid them for services during the year.
For more information, check out the IRS’s instructions for Forms 1099-MISC and 1099-NEC.
While there are exceptions to every rule, you will need to send a 1099-MISC if you’ve paid:
Here are the due dates for each form.
| Form 1099-NEC | Form 1099-MISC |
| You’re required to furnish Form 1099-NEC to the payee and file with the IRS by January 31* for payments made to contractors during the prior calendar year | You must send Form 1099-MISC to the payee by January 31*, and file with the IRS by February 28* if filing by paper, or by March 31 if filing electronically. |
*If these dates fall on a weekend or holiday, the deadline moves to the next business day
** February 28 also falls on a Saturday in 2026, moving the paper-filing deadline to Monday, March 1.
Next, let’s review how you complete each form.
To accurately complete a 1099-NEC or 1099-MISC, you need information typically found on a W-9. All vendors, contractors, and non-employee workers should provide you with a completed Form W-9 before you pay them. Collecting a W-9 up front protects you even if a vendor’s payments stay below the 1099 reporting threshold for the year, since you won’t have to chase down their tax information late if their total payments end up crossing it.
Here’s what you need:
To get you started on the right foot, included is an image of the form itself so you can see how it fits in with all the boxes below.
Once you’ve entered the above information into the 1099, you can populate any of the applicable boxes. Here’s a rundown with instructions for what each box is for:
Box 1 – Rents – This is used to report rent paid to a property owner. You don’t have to report rent paid to a real estate agent or property manager. This box is also used for machine rentals or pasture land rental.
Box 2 – Royalties – Use this box to report royalty payments of $10.00 or more for oil and gas royalties as well as royalties for intangible property such as patents, copyrights, and trademarks.
Box 3 – Other Income – Report other income of $2,000 or more (or $600 or more for 2025 and earlier payments) in this box. This is for any income that is not reportable in any of the other boxes on Form 1099.
Box 4 – Federal Income Tax Withheld – If you are required to complete backup withholding on any nonemployees or contractors, you enter the amount withheld in this box.
Box 5 – Fishing Boat Proceeds – Enter any proceeds from the sale of a catch on a fishing boat in this box. Enter any additional cash payments made to fishing boat crews in this box as well.
Box 6 – Medical and Health Care Payments – This includes payments made for various health care services such as injections or medications. Flexible spending accounts and employer-provided health care coverage are excluded. This mainly pertains to any payments made directly to a health care provider for services not covered by an insurance plan, but be sure to check the IRS instructions for specifics.
Box 7 – Payer Made Direct Sales of $5,000 or more – Enter an “X” in the checkbox for sales of $5,000 or more of consumer products by you to a person on a buy-sell, deposit–commission, or other commission basis for resale anywhere other than a retail establishment. You don’t need to enter a dollar figure in this box.
Box 8 – Substitute Payments in Lieu of Dividends or Interest – This is where you enter aggregate payments of at least $10 of substitute payments received by a broker for a customer in lieu of dividends or tax-exempt interest as a result of a loan of a customer’s securities.
Box 9 – Crop Insurance Proceeds – Report proceeds of $600 or more paid to an attorney in connection with legal services, such as a settlement. The OBBBA didn’t change this reporting threshold.
Box 10 – Gross Proceeds Paid to an Attorney – Report proceeds more than $600.00 paid to an attorney in connection with legal services, such as a settlement.
Box 11 – Fish Purchased for Resale – If you are in the trade or business of purchasing fish for resale, you must report total cash payments of $600 or more paid during the year to any person who is engaged in the trade or business of catching fish.
Box 12 – Section 409A Deferrals – This box is not required. If you do complete this box, enter the total amount deferred during the year of at least $600.00 for the nonemployee under all nonqualified plans.
Box 13a and 13b – Cash Tips – These boxes are new for 2026. Box 13a shows the total amount of cash tips included in Box 3. Cash tips include tips paid in cash as well as tips charged by customers. In Box 13b, enter the three-digit TTOC for the payee’s tipped occupation.
Box 14 – Overtime Compensation – This box is new for 2026. Enter the total amount of qualified overtime compensation included in Box 3, eligible for the OBBBA overtime deduction.
Box 15 – Nonqualified Deferred Compensation – Enter all amounts deferred (including earnings on amounts deferred) that are includible in income under section 409A if the nonqualified deferred compensation (NQDC) plan fails to satisfy the requirements of section 409A.
Boxes 16 – 18 – Use these boxes to report state or local income tax withheld from the payments.
In my experience, one of the most common mistakes employers make when issuing 1099s is printing and mailing a non-scannable version of Copy A to the IRS. It’s important to note that the version of Copy A that the IRS issues is special because it’s scannable by the IRS. Their version is colored red instead of black, and it can be ordered from the IRS, for free , here.
— David Kindness, CPA
Filling out the boxes on Form 1099-NEC is a little different, and there are fewer boxes. Below is an image of the entire form, as well as a breakdown of what goes into each box.
Box 1a – Nonemployee compensation – In this box, you enter the amount you paid an independent contractor (someone who is not your employee) for any labor or services that totaled $2,000 or more (or $600 or more for 2025 and earlier payments).
Box 1b – Cash Tips – This box is new for 2026. Enter the total amount of cash tips included in Box 1a.
Box 1c – TTOC – This box is new for 2026. Enter up to two TTOCs for the recipient’s tipped occupation.
Box 1d – Overtime Compensation – This box is new for 2026. Enter the total amount of qualified overtime compensation included in Box 1a.
Box 2 – Did you have any sales totaling $5,000 or more from products that were resold, deposit commission, or sold on another basis? Check this box, and you don’t need to enter any other information in this box.
Box 3 – Excess Golden Parachute Payments – This box moved from Form 1099-MISC to Form 1099-NEC for 2026. Report compensation subject to the 20 percent excise tax on excess golden parachute payments.
Box 4 – Federal income tax withheld – Withholding federal income tax is uncommon for contractors, but if any payments are subject to backup withholding (which ensures the IRS gets its share of taxes), enter that amount here. Independent contractors could be subject to backup withholding if they provided an incorrect tax identification number on Form W-9.
Box 5 – 7 – State Income Tax Withheld – Generally, you don’t have to withhold state income tax from someone who is not your employee. If you did, you’ll report the amount, your state ID number, and the state for which you withheld the tax in these boxes.
Operating a busy medical practice is time-consuming, and we’re always looking for ways to run tasks more efficiently so we can stay focused on providing patient care. That’s why we chose OnPay: it literally takes less than five minutes to run payroll each pay period, and that includes 1099s and full-time employees. It also makes adding end-of-year bonuses a breeze.
— Daniel Lindenberg, MD
Whether it’s NEC or MISC, Form 1099 can be one of the more confusing forms you have to fill out. But if you keep your accounting records up to date throughout the year, most of the work is done for you.
While small companies may process 1099s without the use of a payroll software provider, for those that pay several contractors or issue a high volume of forms each year, it pays to automate the process as much as possible.
For more information on Form 1099-NEC or Form 1099-MISC, visit the IRS website, or consult your CPA or tax advisor.
Please note all material in this article is for educational purposes only and does not constitute tax or legal advice. You should always contact a qualified tax, legal or financial professional, in your area for comprehensive tax or legal advice.
You typically have to issue a 1099 form when your business pays $2,000 or more to a nonemployee or other vendor during the year ($600 or more for payments issued in 2025 and earlier). Most commonly, this applies when you:
If the payment meets the reporting threshold and isn’t made by credit card or a third-party payment processor (which are reported separately on Form 1099-K), you’re typically required to issue a 1099 to the payee and file a copy with the IRS.
Generally, you’ll use Form 1099-NEC to report payments made to independent contractors since it’s used for nonemployee compensation, meaning payments for services performed by someone who isn’t an employee. If you paid a contractor $2,000 or more during the year ($600 or more for payments made in 2025 and earlier), you’re generally required to issue a 1099 and file a copy with the IRS.
Form 1099-MISC is still used for certain non-service payments, such as rent, prizes and awards, medical payments, and some attorney payments. But for most contractor and freelancer pay, 1099-NEC is the form to use.
To complete Form 1099-NEC, you’ll need basic information about both your business and the contractor, along with the total amount you paid them during the year.
Here’s what’s required:
Often, the only dollar amount you’ll enter is the total contractor pay. The remaining boxes are used less frequently and typically apply only in special situations, such as tipped or overtime-eligible workers, backup withholding, or state tax reporting.
As of 2026, the IRS penalty for filing informational returns late or incorrectly ranges from $60 to $680 per form, depending on how late you file the correct form. Separate penalties apply if you fail to furnish a copy of the form to the recipient, so a single missed 1099 can trigger two penalties rather than one. These amounts adjust annually for inflation, and IRS penalties are not tax-deductible as a business expense.
You can download a copy of Form 1099-MISC directly from IRS.gov. However, the downloadable version is for informational purposes only. Copy A, the one you file with the IRS, isn’t scannable. Filing a printed copy from the website instead of the official version can result in a penalty.
To file correctly, you have a few options:
If you’re filing 10 or more information returns in a calendar year, the IRS requires you to file electronically.
Some of the most frequent errors business owners make when issuing 1099s include: