Forms 1099-NEC vs. 1099-MISC: How do they differ?

Staying compliant with tax regulations is an ongoing challenge for business owners and managers, especially when it comes to contingent workers like independent contractors, consultants, or freelancers.

For companies operating in the United States, this includes two essential Internal Revenue Service (IRS) tax forms, Form 1099-NEC and Form 1099-MISC. These forms previously had overlapping purposes but have been more distinctly defined since 2020. The clearer distinction reduces the ambiguity between the two, helping organizations more accurately fulfill their reporting obligations.

In this guide, we’ll explain the differences between Form 1099-NEC versus 1099-MISC and the process for filing them.

What is Form 1099-NEC?

Form 1099-NEC is used to report payments made to independent contractors, freelancers, and other non-employees. This form is necessary for anyone you've paid more than $600 during the tax year, and it ensures that all payments are accounted for and that both payer and payee comply with IRS regulations regarding taxable income. 

Here’s who you need to report:

• Independent contractors: These experts in specific fields work independently, often for multiple clients at a time, and they have considerable control over their work hours and conditions.
• Freelancers: Similar to contractors, freelancers generally take on smaller, short-term projects with workloads that may fluctuate significantly from month to month.
• Consultants: These professionals in areas such as management, operations, or finance offer unique insights and solutions tailored to help businesses achieve their objectives.
• U.S. nationals living abroad: It’s also necessary to complete Form 1099 for U.S. citizens or residents who are contractors living outside the U.S.

How to fill out Form 1099-NEC

Filling out Form 1099-NEC accurately is essential for reporting non-employee compensation and maintaining compliance with IRS requirements. Here’s how to file Form 1099-NEC:

1. Gather all required information: Ensure that you have complete details for each contractor, including their legal name, address, and taxpayer identification number (TIN). This information is usually provided on the Form W-9 they submit when you first engage their services. Confirm the total amount paid to the contractor during the tax year.
2. Fill out Form 1099-NEC for each contractor: For those who received more than $600 in the tax year, fill out a separate Form 1099-NEC. Record the total payment to the contractor in Box 1 and make sure your business details are correctly filled out in the “payer” section.
3. File Copy A with the IRS: Submit this copy to the IRS by January 31 after the tax year for which you’re filing. For example, payments made in 2023 must be reported by January 31, 2024. The IRS FIRE system is a common method for online filing, though some states may require a paper copy as well.
4. Send Copy B to each contractor: This copy, also due by January 31, is for the contractor's records and will be used for their personal tax reporting. It can be sent digitally (with their consent) or via mail.
5. Keep Copy C for your records: Maintain these copies to resolve any potential discrepancies in the future or in case of an IRS audit. Proper record-keeping shows diligence in maintaining tax compliance.

What is Form 1099-MISC?

Form 1099-MISC is used to report various types of payments beyond professional fees for consultants or contractors to the IRS. It covers a variety of transactions to ensure comprehensive reporting of miscellaneous income, including:

• Rent payments: These are typically for business facilities like office spaces or warehouses.
• Royalties: These are paid to individuals who earn from creative works such as books or music or to patent owners for the use of their intellectual property.
• Prizes and awards: These are issued to individuals for winning competitions or achieving notable accomplishments, either in cash or other forms.
• Medical and healthcare payments: These payments are made to healthcare providers for specific services within the business, like health screenings.
• Legal services: This involves compensation paid to lawyers or attorneys for their services, reported as gross proceeds.
• Fishing boat proceeds: These are payments to fishing vessel crew members, which are taxed differently due to the unique nature of their work and compensation structure.

How to fill out Form 1099-MISC

Similar to completing Form 1099-NEC, here are five steps to guide you through the filing process:

1. Obtain Form W-9: Before filling out Form 1099-MISC, collect a completed Form W-9 from each recipient. This form provides necessary information such as the taxpayer ID number (TIN), legal name, and address.
2. Verify information: Double-check the details on the W-9 to avoid reporting errors, which could lead to penalties or require corrections later.
3. Identify appropriate boxes: Determine which boxes on Form 1099-MISC correspond to the types of payments you are reporting. For instance, rents are reported in Box 1, royalties in Box 2, and other types of miscellaneous income in the relevant boxes.
4. Report accurately: Enter the total amounts paid during the tax year in the appropriate boxes. Accurate reporting is crucial to avoid potential IRS audits resulting from underreporting or overreporting.
5. Send Copy B to the payee and Copy A to the IRS: Deliver Copy B to the recipients by January 31 following the tax year of the payments. File Copy A with the IRS by March 31 if filing online or by the last day of February if filing by paper.

1099-NEC vs. 1099-MISC

To sum up, Form 1099-NEC is specifically for reporting payments of $600 or more made annually to contractors, freelancers, or consultants who are not regular employees of your company. Once you decide to hire a contingent worker as a full-time employee, you'll report their compensation using Form W-2. 

In contrast, Form 1099-MISC is used to report various other types of business payments, such as rent, royalties, and medical expenses. 

Also, it’s important to note that payments to international contractors don’t fall under Form 1099-NEC or Form 1099-MISC. Instead, you’ll use Form W-8BEN, which helps manage withholding taxes on income connected to U.S. sources.

Hiring contractors is simpler with Oyster

Looking to sidestep the complexities of forms like 1099-NEC and 1099-MISC? Oyster streamlines the global contractor management process, automating everything from hiring and onboarding to payroll, all while ensuring compliance in more than 180 countries. With Oyster, you can say goodbye to the hassle of administrative burdens, freeing up time to focus on what matters most: growing your business. 

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About Oyster‍

Oyster is a global employment platform designed to enable visionary HR leaders to find, engage, pay, manage, develop, and take care of a thriving distributed workforce. Oyster lets growing companies give valued international team members the experience they deserve, without the usual headaches and expense.

Oyster enables hiring anywhere in the world—with reliable, compliant payroll, and great local benefits and perks.