Does an LLC Get a 1099 During Tax Time?│2024 Updated Answer

Delina Chantel Yasmeh
Published by Delina Chantel Yasmeh | Author
Last updated: February 5, 2024
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A common concern among business owners is whether an LLC gets a 1099 during tax time. Understanding the intricacies of the 1099 tax form is crucial for LLC operations.

To get maximum input on this topic, I dedicated hours of research and consulted a team of attorneys and other legal experts.

This article will explain what a 1099 form is and whether it's necessary for LLCs for tax purposes.

Quick Summary

  • A Single-member LLC or a partnership tax return will get a 1099 form during tax time.
  • When filing FORM 1099-NEC, you must provide all the correct details of those receiving the form from the company.
  • If an LLC has a tax treatment of an S corp, it won't get a 1099 form.
  • The 1099-NEC Form reports payments made to individuals while 1099-MISC Form reports payments made to companies.


LLCs vs. 1099 Forms

Two women looking at two papers

From our experience, whether an LLC receives a 1099-MISC during tax time depends on its classification.

If the LLC functions as a sole proprietorship where the owner and the company are indistinct, it won't receive a 1099 as it's like getting a document from oneself.

However, if classified as a partnership or corporation, it will receive a 1099-MISC if it meets the criteria.

For instance, our partnership LLC reports income on Form 1065 Schedule K-12 and passes expenses to the owners.

We recommend consulting an accountant or tax expert to clarify individual cases, especially for a single-member LLC.

What is a 1099-NEC Form?

The 1099-NEC Form is a specific type of 1099 form used to report payments made to nonemployees including independent contractors, subcontractors, or vendors [1].

The 1099-NEC Form does not require the payer to report the recipient's name, address, and taxpayer identification number.

The 1099-NEC Form is used to report payments made to individuals, whereas the 1099-MISC Form is used to report payments made to businesses [2].

For our company, we also used the 1099-NEC Form to report payments made for services not performed in the United States.

Do LLCs Need 1099-NEC Forms?

An LLC owner inquiring if LLCs need 1099 NEC Forms

LLCs require 1099-NEC forms for payments to contractors if they meet the Internal Revenue Service criteria.

If your business structure is a sole proprietorship or partnership without employees, you may not need to file a Form 1099-NEC .

However, LLCs classified as partnerships or corporations will need to receive a Form 1099-NEC if they meet the criteria for receiving one.

This is because Form 1099-NEC is used to report payments made to nonemployees, including contractors or subcontractors.

A single-member LLC classified as a disregarded entity for income tax purposes is not considered an employer and, therefore, will not need to file a Form 1099-NEC.

How Do I File a 1099-NEC?

Someone filing papers and folders in a cabinet

To file a 1099-NEC, you need to gather the required information and use it to fill out the form where appropriate.

File a 1099-NEC by obtaining recipient info, completing the form, sending Copy A to the IRS, and providing copies to recipients.

In our case, we also included personal details about each nonemployee who received a Form NEC from our company.

We also provided personal details about all partners in our business, as well as personal bank account information for each payee.

Once you have all of this information, you can file a Form NEC by following these steps:

  • Fill out Part I of the Form, which will include personal details about each recipient and payer
  • Enter total payments made to nonemployees in Part II
  • Report any income tax withheld on Part III
  • Complete the remaining parts of the Form and submit it to your state's Department of Revenue

After you've submitted the Form NEC, be sure to keep a copy on file in case you need it later.

For our company, we sent a copy to each recipient so they could use it when filing their personal tax returns.

FAQs

Can I Use 1099-MISC Instead of NEC?

Using 1099-MISC instead of NEC is not often recommended. 1099-MISC is mostly used for certain payments, such as contract work, while NEC is used more broadly.

How to Calculate Taxable Income?

To calculate the tax income, you need to follow certain steps, such as determining the adjusted gross income (AGI), and specific tax credits that are subtracted from the AGI. The resulting amount is taxable income.

Is an LLC Required to Send Out 1099 Forms?

Yes, an LLC is required to send out 1099 forms under certain conditions. If the LLC operates as a business and makes payments totaling $600 or more in a year to an individual, partnership, estate, or in some cases, a corporation, for services rendered, it must issue a Form 1099-NEC (Nonemployee Compensation).

References:

  1. https://www.irs.gov/pub/irs-pdf/f1099nec.pdf
  2. https://www.irs.gov/pub/irs-pdf/f1099msc.pdf

 

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