Freelance Consultants will soon receive from clients who were billed $600 or more in tax year 2020 the IRS Form 1099 and as many of you may have heard, changes were made. The general rules concerning who must file the form remain the same, but there are now two versions —-the 1099–NEC and a recalibrated 1099–MISC. Freelancers must receive their appropriate Form 1099 no later than February 1, 2021. The 1099–NEC cannot be downloaded online, but must be ordered from the IRS website.
1099–NEC (non-employee compensation) will be filed by Freelancers and that includes attorneys. Clients must send out this version of the 1099 when:
1. Payments of at least $600 were made during tax year 2020 to an individual (or company) who provided services to the client company but who is not formally employed by the client company.
2. Payment was made for services rendered and not for products or merchandise.
3. Payment was made to an individual, partnership, or other unincorporated entity. With the exception of attorneys or law firms, payments to either C or S corporations are not recorded on Form 1099–NEC or 1099–MISC.
Freelancers who file 1099–NEC will report their income on IRS Schedule C (Profit or Loss from Business), a supporting document of Form 1040. Your client should ask you to complete IRS Form W-9 if you bill, or expect to bill, $600 or more in the year.
Clients would traditionally mail to the Freelancer a hard copy of 1099-NEC (copy B), but the client may ask, or Freelancers can request, that an electronic copy be sent instead. Email correspondence between client and Freelancer, in which the Freelancer consents to receiving an electronic 1099–NEC from the client, is all that’s required to authorize the electronic format.
1099–MISC will be filed by recipients, including Limited Liability Companies (LLC), of $600 or more in rent payments (landlords), plus prize and award winners who receive $600 or more and recipients of royalties in excess of $10.
Other types of 1099–MISC income includes payments to an attorney or law firm for fees other than legal services, payment received from a legal settlement, fishing boat proceeds and non-qualified deferred compensation.
Freelancers and merchants who accept credit and debit card payments (maybe on Square, Stripe, or PayPal) will receive Form 1099–K from payment processors if those payments amounted to $20,000 or more and 200 or more transactions took place during calendar year 2020.
The card transaction income reported on 1099–K confirms for both the business and the IRS that income reported on 1099–K and Schedule C aligns. However, the business may also receive checks or even cash, so Schedule C income may be greater than 1099–K income.
The 1099 is part of federal taxes, but 39 states also require it to be filed with annual taxes. States that do not require the 1099 to be filed at that time are: Alaska, Florida, Illinois, Nevada, New Hampshire, New York, South Dakota, Tennessee, Texas, Washington and Wyoming.
Did I mention that 4Q2020 taxes are due on Friday January 15? Just saying.
Thanks for reading,