{"id":15822,"date":"2022-01-14T19:02:48","date_gmt":"2022-01-15T01:02:48","guid":{"rendered":"https:\/\/sfwpartnersllc.com\/?p=15822"},"modified":"2022-01-14T19:02:48","modified_gmt":"2022-01-15T01:02:48","slug":"forms-w-2-1099-nec-and-1099-misc-due-dates-and-compliance-requirements","status":"publish","type":"post","link":"https:\/\/www.sfw.cpa\/news-and-guides\/forms-w-2-1099-nec-and-1099-misc-due-dates-and-compliance-requirements\/","title":{"rendered":"Forms W-2, 1099-NEC and 1099-MISC Due Dates and Compliance Requirements"},"content":{"rendered":"<p><html><head><\/head><body><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">Happy New Year!<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">As 2022 begins, it is time to begin preparing Forms W-2 and Forms 1099.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms W-2 are due to employees and to the Social Security Administration (SSA) by January 31, 2022, regardless of whether you file using paper forms or electronically.\u00a0You are required to file Forms W-2 when you are an employer engaged in a trade or business and pay any\u00a0wages to a person for the year. There is a limited exception to filing a Form W-2 if you pay less than $600, but that only applies if you are not required to withhold any payroll taxes. You must electronically file Forms W-2 if you have 250 or more forms.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">Last year, the IRS significantly changed the Form 1099 reporting, introducing a new Form 1099-NEC to report nonemployee compensation that was previously reported on Form 1099-MISC.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms 1099-NEC are due to recipients and to the IRS by January 31, 2022.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms 1099-MISC are due to recipients by January 31, 2022.\u00a0They are due to the IRS by February 28, 2022 if filed by paper and March 31, 2022 if filed electronically.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">A 30 day extension of time to file Forms W-2 with the SSA or Forms 1099-NEC and Forms 1099-MISC with the IRS will only be granted if Form 8809 is filed and the extension is due to extraordinary circumstances or a catastrophe.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">The rules for issuing Form 1099-MISC and 1099-NEC can be confusing.\u00a0The following is a summary of the general requirements:<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Individuals and entities are subject to 1099 filing requirements for payments that are made in the course of their trade or business.\u00a0Payments made by an individual for personal services are not reportable.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">You are engaged in a trade or business when you operate an activity with some continuity and regularity for gain or profit.\u00a0Nonprofit organizations are considered to be engaged in a trade or business for 1099 reporting purposes.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">If you rent real or personal property to others, you may be subject to reporting requirements if the operations are deemed a trade or business.\u00a0Unfortunately, the IRS has not provided clear guidance in this area, making it difficult to assess whether specific rental properties are required to file Form 1099.\u00a0In general, triple net leases are not a trade or business.\u00a0Rental activities with more than a de minimis amount of repairs and maintenance are more likely to be a trade or business subject to the 1099 reporting requirements. The requirement to file is determined by analyzing your individual facts. Please call us if you have any questions.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Forms 1099-MISC and 1099-NEC are required for annual payments (other than credit card payments) of $600 or more for services, rent or miscellaneous income paid to individuals or unincorporated entities that are not taxed as corporations (this includes limited liability companies taxed as sole proprietorships or partnerships, such as SFW Partners, LLC) and all attorneys, including attorneys that are incorporated.\u00a0Payments made by credit card are not required to be reported.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Issue Form 1099-NEC to report nonemployee compensation for services provided, including payments made to independent contractors, gig workers and self-employed individuals who previously had their payments reported on box 7 of a 1099-MISC.\u00a0Also use Form 1099-NEC to report payments to attorneys for legal services.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Issue Form 1099-MISC to report miscellaneous income, such as rent, health care payments or legal settlements.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Electronic filing of Forms 1099 is required if you have 250 or more information returns.\u00a0If you are required to file electronically but fail to do so, you may be subject to a penalty of $280 per return.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">The IRS requires those subject to Form 1099 reporting to confirm on their income tax returns that they have complied with the requirements.\u00a0Penalties for noncompliance with Forms W-2 and 1099 reporting can be as high as $280 per form ($570 for intentional disregard).\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">Happy New Year!<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">As 2022 begins, it is time to begin preparing Forms W-2 and Forms 1099.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms W-2 are due to employees and to the Social Security Administration (SSA) by January 31, 2022, regardless of whether you file using paper forms or electronically.\u00a0You are required to file Forms W-2 when you are an employer engaged in a trade or business and pay any\u00a0wages to a person for the year. There is a limited exception to filing a Form W-2 if you pay less than $600, but that only applies if you are not required to withhold any payroll taxes. You must electronically file Forms W-2 if you have 250 or more forms.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">Last year, the IRS significantly changed the Form 1099 reporting, introducing a new Form 1099-NEC to report nonemployee compensation that was previously reported on Form 1099-MISC.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms 1099-NEC are due to recipients and to the IRS by January 31, 2022.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">2021 Forms 1099-MISC are due to recipients by January 31, 2022.\u00a0They are due to the IRS by February 28, 2022 if filed by paper and March 31, 2022 if filed electronically.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">A 30 day extension of time to file Forms W-2 with the SSA or Forms 1099-NEC and Forms 1099-MISC with the IRS will only be granted if Form 8809 is filed and the extension is due to extraordinary circumstances or a catastrophe.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">The rules for issuing Form 1099-MISC and 1099-NEC can be confusing.\u00a0The following is a summary of the general requirements:<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Individuals and entities are subject to 1099 filing requirements for payments that are made in the course of their trade or business.\u00a0Payments made by an individual for personal services are not reportable.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">You are engaged in a trade or business when you operate an activity with some continuity and regularity for gain or profit.\u00a0Nonprofit organizations are considered to be engaged in a trade or business for 1099 reporting purposes.\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">If you rent real or personal property to others, you may be subject to reporting requirements if the operations are deemed a trade or business.\u00a0Unfortunately, the IRS has not provided clear guidance in this area, making it difficult to assess whether specific rental properties are required to file Form 1099.\u00a0In general, triple net leases are not a trade or business.\u00a0Rental activities with more than a de minimis amount of repairs and maintenance are more likely to be a trade or business subject to the 1099 reporting requirements. The requirement to file is determined by analyzing your individual facts. Please call us if you have any questions.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Forms 1099-MISC and 1099-NEC are required for annual payments (other than credit card payments) of $600 or more for services, rent or miscellaneous income paid to individuals or unincorporated entities that are not taxed as corporations (this includes limited liability companies taxed as sole proprietorships or partnerships, such as SFW Partners, LLC) and all attorneys, including attorneys that are incorporated.\u00a0Payments made by credit card are not required to be reported.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Issue Form 1099-NEC to report nonemployee compensation for services provided, including payments made to independent contractors, gig workers and self-employed individuals who previously had their payments reported on box 7 of a 1099-MISC.\u00a0Also use Form 1099-NEC to report payments to attorneys for legal services.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Issue Form 1099-MISC to report miscellaneous income, such as rent, health care payments or legal settlements.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 10.0pt;\">\u00b7\u00a0\u00a0\u00a0\u00a0 <\/span><span style=\"color: #172b4d; font-size: 12.0pt;\">Electronic filing of Forms 1099 is required if you have 250 or more information returns.\u00a0If you are required to file electronically but fail to do so, you may be subject to a penalty of $280 per return.<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">The IRS requires those subject to Form 1099 reporting to confirm on their income tax returns that they have complied with the requirements.\u00a0Penalties for noncompliance with Forms W-2 and 1099 reporting can be as high as $280 per form ($570 for intentional disregard).\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">\u00a0<\/span><\/p>\n<p><span style=\"color: #172b4d; font-size: 12.0pt;\">SFW Partners, LLC can assist you in complying with Form W-2 and 1099 filing requirements.\u00a0Please contact us at 314-569-3333 if you would like assistance or have any questions.<\/span><\/p>\n<p>\u00a0<\/p>\n<p>\u00a0<\/p>\n<p><\/body><br \/>\n<\/html><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Happy New Year! \u00a0 As 2022 begins, it is time to begin preparing Forms W-2 and Forms 1099.\u00a0 \u00a0 2021 Forms W-2 are due to employees and to the Social Security Administration (SSA) by January 31, 2022, regardless of whether you file using paper forms or electronically.\u00a0You are required to file Forms W-2 when you [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-15822","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/posts\/15822","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/comments?post=15822"}],"version-history":[{"count":0,"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/posts\/15822\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/media?parent=15822"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/categories?post=15822"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sfw.cpa\/news-and-guides\/wp-json\/wp\/v2\/tags?post=15822"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}