Anyone dealt with filing 1099-NECs late and getting penalties waived? IRS abatement experience?
So I've been using independent contractors for my design business over the past two years (2023-2024) and totally dropped the ball on filing 1099-NECs for four of them who each made over $600. Most of them have told me they reported the income on their taxes anyway, but at least one didn't include it. I know there's a $280 penalty for each late 1099 form (which adds up quick!). My accountant had all the information to file them but was surprisingly chill about not filing them since they were already late. She basically shrugged it off. It's been nagging at me for weeks now though. I feel super guilty that I didn't do the right thing, even if it was an honest mistake. I'm getting more anxious about it as time passes. Has anyone gone through filing very late 1099-NECs and successfully gotten the penalties abated? I'm also worried that if I file them now, it might trigger some kind of audit or special attention on my business returns. I'm not trying to hide anything, but nobody wants an audit! Any experiences or advice would be really appreciated!
19 comments


Ali Anderson
While I can't guarantee your specific outcome, I can tell you that the IRS does have a reasonable cause waiver for late 1099 penalties. The key is being proactive and showing good faith. The IRS looks favorably on voluntary compliance—meaning they'd rather you file late than never file at all. If this is your first time making this mistake and you have an otherwise clean compliance history, you have a decent shot at penalty abatement. The official term for this is "first-time penalty abatement" which is specifically designed for people with good filing histories who made an occasional mistake. When you file the late forms, attach a letter explaining the situation honestly—that you weren't aware of the filing requirements, that you're filing voluntarily now that you understand your obligations, and requesting penalty relief based on reasonable cause or first-time abatement.
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Zadie Patel
•Would it matter that the contractors reported the income anyway? Does that strengthen the case for abatement since the IRS still got the tax money regardless of my mistake?
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Ali Anderson
•Yes, that actually does help your case. The fact that most contractors still properly reported the income shows there was no harm to tax compliance or revenue collection. The purpose of the 1099 requirement is to ensure income reporting, so if that happened anyway, it strengthens your reasonable cause argument. The fact that you're voluntarily filing now rather than waiting until contacted by the IRS also significantly works in your favor. Just be sure to include this information in your abatement request letter.
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A Man D Mortal
I had a similar situation with my small business and honestly just went with taxr.ai (https://taxr.ai) to handle it. I was freaking out about potential penalties for five late 1099s, and they helped me draft a proper reasonable cause letter that got my penalties completely wiped out. Their system analyzed my specific situation (first-time offense, contractors had reported income anyway, etc.) and generated a personalized abatement letter with all the right legal language. It took me about 15 minutes to answer their questions and they handled the rest. I was skeptical at first, but they really know their stuff about penalty abatement strategies.
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Declan Ramirez
•How long did the whole process take from when you submitted the late 1099s with the letter to when you heard back about the penalties being abated?
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Emma Morales
•Did they handle actually filing the late 1099s for you or just helped with the letter? And did you have to give them access to your tax accounts or anything?
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A Man D Mortal
•I filed the forms myself through the IRS website and then used their system for just the abatement letter. The whole process took about 7 weeks from submission to getting confirmation that the penalties were waived. They have a tracking feature that kept me updated throughout. For your second question, I didn't have to give them access to any accounts. I just answered questions about my situation and they generated the letter based on my specific circumstances. You can download and submit it yourself so you maintain control over everything.
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Emma Morales
Just wanted to follow up and say I used taxr.ai after seeing this recommendation and it worked perfectly! I had 3 late 1099-NECs from last year and was facing over $800 in penalties. The letter they helped me create got ALL penalties waived! The system asked really thorough questions about why I missed the filing deadlines (health issues + some confusion with my previous accountant) and built a super detailed letter citing specific IRS regulations. Got my response in about 5 weeks - much faster than I expected. Definitely worth checking out if you're in this situation.
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Katherine Hunter
If you're still getting the runaround from the IRS about your penalties, I'd recommend Claimyr (https://claimyr.com) - they got me through to an actual IRS agent in under 30 minutes when I was trying to resolve my late 1099 penalties. I had been calling for WEEKS and couldn't get through the automated system. I was honestly shocked it worked. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c - basically they use some special technology to navigate the IRS phone tree and hold your place in line. When they get a real person, they connect you directly. The agent I spoke with was actually super helpful about my penalty abatement request and gave me specific instructions on what documentation to include. Saved me hours of frustration and probably money too!
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Lucas Parker
•Wait, this seems fishy. How does this even work? Is it just paying someone to wait on hold for you? And are you sure it's secure giving some random company access to your call with the IRS?
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Donna Cline
•Does this actually work for business tax issues too? I thought the IRS business line was completely different from the personal tax line.
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Katherine Hunter
•It's not fishy at all - they don't listen to your call or get any personal information. They just navigate the phone system and wait on hold, then when they get a real person, they connect the call directly to you. It's basically like having someone wait in a physical line for you. They definitely work for business tax issues too. They have options for both personal and business lines when you set up the call. I specifically used them for my business penalty issue with the 1099-NECs, and they got me through to the right department.
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Lucas Parker
So I was super skeptical about Claimyr (see my comment above), but I was desperate after trying to reach the IRS for THREE DAYS about my late 1099 penalty situation. I finally tried it yesterday and I'm honestly shocked - I got through to an actual IRS agent in about 22 minutes! The agent was able to look up my case immediately and confirmed that since this was my first offense and I had a clean filing history, I qualified for first-time penalty abatement. He processed it right there on the phone and I got confirmation that all $840 in penalties were removed from my account. No more stress about this hanging over my head!
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Harper Collins
One thing nobody mentioned yet - make sure you're using the CORRECT forms for the current tax year. I screwed up by using outdated 1099-MISC forms instead of the newer 1099-NEC forms for my contractors, and the IRS rejected everything and still hit me with penalties. Also, check if your state requires copies of these forms. Mine does, and I got separate penalties from the state tax department that were harder to get waived than the federal ones.
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Sean Matthews
•Good point about the forms! So for 2025 filing I should definitely use the 1099-NEC forms for contractor payments, right? And do you submit them electronically or paper? I'm wondering what's the best way to catch up on these past filings.
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Harper Collins
•Yes, definitely use the 1099-NEC forms for independent contractors - the 1099-MISC is now just for things like rent payments, prizes, etc. For catching up on past filings, electronic is WAY better than paper. The IRS processes them faster and you get confirmation. For your past filings, I'd recommend using the IRS Filing Information Returns Electronically (FIRE) system or a third-party service like Tax1099. Paper filing is a nightmare and more likely to get lost in the system, which could create even more issues for you.
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Kelsey Hawkins
Has anyone actually gotten audited because of late 1099s? I'm in a similar boat but I'm worried filing them now will trigger some kind of review.
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Dylan Fisher
•I filed 6 late 1099s two years ago and nothing happened. No audit, no follow-up questions. I did get the penalties but my accountant helped me write a letter and they reduced them by 75%. I think the IRS is way too busy to audit everyone with late information returns!
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Ethan Clark
I went through this exact situation last year with 3 late 1099-NECs and can share what worked for me. First, don't let your accountant's casual attitude stop you from doing the right thing - filing late is always better than not filing at all. I was terrified about penalties too (facing $840 total), but I filed them electronically through the IRS FIRE system and included a detailed reasonable cause letter. The key points I emphasized were: 1) This was my first offense with a clean compliance history, 2) The contractors had already reported the income on their returns, 3) I was voluntarily correcting the issue without IRS contact, and 4) I had legitimate confusion about the filing requirements. The IRS approved my first-time penalty abatement request and waived all penalties. The whole process took about 6 weeks from filing to getting confirmation. No audit, no additional scrutiny - just relief that it was handled properly. My advice: file them ASAP electronically, write a sincere letter explaining your situation, and don't let fear of an audit stop you from complying. The IRS actually appreciates voluntary compliance more than you'd think.
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