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Tax Tips

1099-NEC Filing Requirements: Who Must File and Deadlines Explained

Avigail Feldman
September 16, 2025
5 min read

If you’ve paid an independent contractor at least $600 this year, chances are you’re on the hook to file Form 1099-NEC. And if that sentence just made you pause—don’t worry, you’re not alone.

Contents

    This form trips up a lot of businesses, especially startups and small teams moving fast. It’s easy to assume your accounting platform handles it, or to forget a contractor you only worked with once. But here’s the reality: missing or misfiling a 1099-NEC can result in penalties of hundreds, or even thousands of dollars. And if the IRS thinks you’re intentionally avoiding compliance? The fines go up, fast.

    The good news: getting it right isn’t as complicated as it seems—if you know what to look for.

    In this post, we’ll walk through the 1099-NEC filing requirements in plain English, explain which payments are reportable, and highlight the most common mistakes we see. We’ll also tackle tricky edge cases (like paying contractors through Stripe or PayPal) and share how Function helps startups handle 1099s without the last-minute scramble.

    Let’s break it down.

    What is Form 1099-NEC?

    1099-NEC stands for Nonemployee Compensation. It’s the IRS form used to report payments made to independent contractors or freelancers who are not on your payroll. If you paid someone at least $600 for services, not goods, during the year, and they’re not an employee, you likely need to file it.

    This form was reintroduced in 2020 to separate contractor payments from the older 1099-MISC. Now, service-based nonemployee payments go on the NEC, keeping reporting cleaner (and ideally, more compliant).

    IRS Instructions for 1099-NEC

    Who Must File a 1099-NEC?

    If you’re a business—LLC, sole proprietor, startup, or corporation—and you paid an individual or unincorporated business $600 or more during the year for services, you must file a 1099-NEC.

    This includes:

    • Freelance designers, writers, marketers
    • Independent developers and consultants
    • Contractors like photographers or virtual assistants
    • Single-member LLCs or partnerships

    💡Edge case alert: You don’t typically need to file for payments made to S-corps or C-corps unless it’s for legal services or medical/healthcare payments.

    What Types of Payments Require a 1099-NEC?

    Let’s be clear: this form is about services, not goods.

    You should file a 1099-NEC for payments related to:

    • Contracted work (e.g. freelance design, software development, consulting)
    • Professional fees
    • Commissions to nonemployees
    • Prizes or awards for services
    • Payments to attorneys (even if incorporated!)

    You don’t need to file a 1099-NEC for:

    • Merchandise or product purchases
    • Rent (still reported on 1099-MISC)
    • Employee wages (reported on W-2)

    Want to stay on the safe side? If you're unsure, it's better to ask—or work with a service like Function that can identify who qualifies.

    What Are the Filing Deadlines?

    The clock starts ticking on January 1.

    You must:

    • Send 1099-NEC to recipients by January 31
    • Submit the same to the IRS by January 31

    There are no automatic extensions for filing this form with the IRS.

    Some states participate in the Combined Federal/State Filing Program (such as California and New York), meaning the IRS forwards your 1099s to the state. Others require separate filing, so check your state’s rules.

    What happens if you file late? Keep reading.

    How to Handle Platform-Based Payments (Stripe, PayPal, Venmo)

    This is where many businesses get tripped up.

    If you pay contractors via:

    • Credit card
    • PayPal (Goods & Services)
    • Stripe
    • Venmo Business

    …you might not need to file a 1099-NEC, but that doesn’t always mean you’re in the clear.

    Why? These platforms may issue a 1099-K instead, but only if the payment volume exceeds certain thresholds (e.g., $20,000+ and 200 transactions—though these are changing). If your contractor doesn’t meet that threshold, they might not get any tax form unless you send one.

    Bottom line: Don’t assume the platform has it covered. If you paid over $600 for services outside of credit card or third-party network protections, file a 1099-NEC.

    What Happens If You File Late?

    Late filings = penalties. And those penalties can pile up quickly.

    If you miss the 1099-NEC filing deadline—January 31—the IRS doesn’t just give you a slap on the wrist. You could face per-form penalties, meaning each contractor you forget (or delay) costs you.

    Here’s the breakdown:

    • Filed within 30 days after the deadline: $60 per form
    • Filed after 30 days but before August 1: $120 per form
    • Filed after August 1: $310 per form
    • Intentional disregard (you knew the rules and chose not to comply): $630 or more per form

    For example, if you paid five contractors and missed the deadline by a few months, that’s $120 x 5 = $600 in penalties. If you don’t file at all? You’re looking at $3,150+.

    And it doesn’t end there. The IRS can flag late or missing 1099s for audit—especially if the contractor reports income that you didn’t report. If your filings don’t match what they’re expecting, it raises red flags about your overall bookkeeping practices.

    Beyond the IRS, some states impose their own penalties for late or incorrect 1099 filings. If you operate in multiple states or work with contractors across state lines, that’s another layer of risk.

    The takeaway? Filing on time isn’t just about avoiding fees, it’s about protecting your business from compliance issues, reputation hits, and unnecessary stress.

    If you’re unsure about your reporting obligations or missed a deadline, Function can help with backfilling, corrections, and setting up a system that makes next year’s process painless.

    How Function Helps with 1099 Preparation

    This is one of those “simple but not easy” admin tasks that tends to pile up until January hits—and panic sets in. That’s where we come in.

    Function makes 1099 season smooth by:

    • Identifying who needs a 1099 (based on your books)
    • Reconciling vendor payments to ensure accuracy
    • Filing forms on time and correctly with the IRS and recipients
    • Backfiling or fixing errors from prior years if needed

    Explore our bookkeeping services →

    We help startups and small businesses get this right—without needing to become tax experts themselves.

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    Who is required to file Form 1099-NEC?

    Any U.S. business that paid $600 or more to a nonemployee (individual, sole proprietor, partnership, or LLC) for services during the tax year.

    What types of payments require filing Form 1099-NEC?

    Service-based payments like freelance work, consulting, commissions, or attorney fees. Not for product purchases or employee wages.

    What are the penalties for late filing?

    Penalties range from $60 to $310 per form depending on how late you file. Ignoring the form entirely can cost even more—up to $630 per form.

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    What do bookkeeping tax services include?

    Tax-focused bookkeeping services include recording all business income and expenses, reconciling bank and credit card accounts, organizing the general ledger, and preparing tax-ready financial reports like the P&L and balance sheet. Some also help with 1099s and coordinate with your CPA.

    How do I know if my books are tax-ready?

    Your books are tax-ready if:

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    3. You have no duplicates, missing info, or personal expenses mixed in
    4. Your P&L, balance sheet, and general ledger are clean and complete
    When should I hire a professional for bookkeeping tax services?

    If you're behind on your books, unsure how to prepare reports, or experiencing growth and complexity in your finances, it’s time to hire a professional. Don’t try to clean up months of data right before tax time.

    Start smarter—and make your finances function as one

    Discover how Function streamlines your finances and scales with you at every stage.

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