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Who Gets a 1099-NEC? A Small Business Filing Guide

Updated 2026-09-09 · Evolv Bookkeeping

Almost all of the pain of 1099 season is created months earlier. The form itself takes about ninety seconds to fill in. What makes January miserable is discovering in the last week of the month that you do not have a tax ID for a subcontractor you paid all year, and that his phone goes to voicemail.

Here is who actually needs a form, who does not, when it is due, and the single habit that turns the whole exercise into a non-event.

Who needs a form

The basic rule: if you paid someone for services performed for your business during the calendar year, they are not your employee, and the total crosses the reporting threshold, they get a Form 1099-NEC. That covers subcontractors, freelance designers, consultants, the cleaner who invoices you monthly, the guy who plows the lot, and anyone else who works for you without being on payroll.

"Services" is the operative word. Buying products or materials from a vendor is not reportable. But when a single invoice covers labor and includes parts along the way — a repair bill with the part on it — you report the full amount, not just the labor portion. Splitting invoices to duck the threshold is not a real strategy either; the total you paid that person over the year is what counts.

The threshold is worth checking each year rather than assuming. The $600 figure was a fixture for decades, and recent legislation raised it to $2,000 for payments made beginning in 2026, indexed for inflation afterward. Confirm the current number before you file. The practical response, either way, is to ignore the threshold during the year entirely: collect paperwork from everyone, and let the threshold decide only at filing time.

Two adjacent cases catch people out. Rent paid to an individual or partnership landlord is reportable, but on a 1099-MISC rather than a 1099-NEC. Payments to an attorney for legal services go on the 1099-NEC — and the usual corporate exemption below does not apply to them.

Who does not — and why the W-9 settles it

Corporations are generally exempt. If your vendor is a C corp or an S corp, no form. Employees never get one; their pay is on a W-2, and misclassifying an employee as a contractor to avoid payroll is a much larger problem than a missing 1099. Personal payments are outside the system altogether — this is a business reporting requirement, so paying a neighbor to fix your own roof is not reportable.

LLCs are where guessing goes wrong. An LLC is not a tax classification, it is a legal structure, and the same two letters can mean a sole proprietor who needs a form or an S corp that does not. You cannot tell from the name on the invoice. The W-9 tells you: the entity box on that form is precisely the question you are trying to answer, which is the real reason to collect one from every vendor rather than only the ones you suspect.

Payment method changes the answer too, and this one surprises people. If you paid by credit card, debit card, or through a third-party payment network, the processor reports that volume on a 1099-K and you do not issue a 1099-NEC for it — issuing one anyway double-reports the contractor's income. Checks, cash, and direct bank transfers are on you. Where a specific app falls depends on whether it is legally a third-party settlement organization, so if you pay contractors through one, confirm how that particular service is classified rather than assuming.

The deadline is earlier than you think

The 1099-NEC is due January 31 — both to the recipient and to the IRS. That is unusual. Several other information returns give you until spring to file with the government after sending recipient copies, which is exactly why people miss this one. There is no comfortable buffer.

If you are filing ten or more information returns in total across all types, they must be filed electronically. That aggregate threshold is low enough that most businesses with a handful of contractors and any other filings land inside it.

Late filing carries a per-form penalty that increases the longer you wait, and a substantially larger one where the failure is treated as intentional. Separately, if a payee refuses to provide a taxpayer ID, you are required to begin backup withholding at 24% on their payments — which is far more awkward to explain to a subcontractor in December than a W-9 request in March.

The habit that makes January boring

Collect a W-9 before the first payment goes out, every time, no exceptions for someone you know well. Vendors are cooperative when they want to get paid and unreachable in January. That one rule eliminates most of the annual scramble by itself.

The other half is bookkeeping. Contractor labor should have its own expense account, separate from materials and supplies, and every payment should be recorded against a named vendor rather than a generic "subcontractor" line. Do that during the year and your 1099 list is a report you run in a minute. Skip it and January becomes a forensic exercise across twelve bank statements, which is how genuinely reportable payments get missed.

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