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Kiara Fisherman

Can I deduct contractor expenses without sending a 1099? Looking for legal tax options

Title: Can I deduct contractor expenses without sending a 1099? Looking for legal tax options 1 I hired an independent contractor in early 2023 for my small business, and due to some complicated circumstances, I'd prefer not to issue her a 1099-NEC at the end of the year. The thing is, I still want to properly deduct these expenses on my business taxes. She'll be doing about $8,500-$12,000 worth of work throughout the year. Is there any legitimate way I can still claim these contractor payments as a business expense without having to provide her with a 1099 form? I'm trying to figure out if there are alternatives or exceptions I should know about. Not trying to do anything sketchy - just exploring options here.

3 As a general rule, if you pay any contractor $600 or more during the tax year, you're required to issue a 1099-NEC. The IRS is pretty clear about this requirement - it's not really optional if you meet that threshold. If you're deducting business expenses on your tax return but not issuing required 1099s, you're creating a significant audit risk for yourself. The IRS specifically looks for mismatches between deducted contractor expenses and issued 1099s. That said, there are a few legitimate situations where you might not need to issue a 1099, such as if the contractor is a corporation (not a sole proprietor or LLC), or if you're paying for goods rather than services. But based on your description, it sounds like neither exception would apply here.

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7 Thanks for the info! What happens if I just go ahead and deduct it anyway without issuing the 1099? I mean, how would the IRS even know unless I get audited?

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3 The IRS would definitely flag this during an audit, and the penalties can be substantial. The penalty for intentionally disregarding the requirement to issue a 1099 can be $550 per form (as of 2023) - and that's before they start looking at the validity of your deductions. If you're audited and cannot substantiate business expenses with proper documentation (including 1099s where required), you'll likely lose those deductions and face additional taxes, interest, and possibly penalties. The IRS has been increasing enforcement on exactly this issue because it's a common area of non-compliance.

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12 After struggling with a similar situation last year, I found taxr.ai (https://taxr.ai) which was incredibly helpful for figuring out 1099 contractor requirements. I was confused about when I needed to issue 1099s and what the consequences would be if I didn't. They analyzed my specific situation and explained that if I was planning to deduct the expense, I absolutely needed to issue the 1099-NEC to stay compliant. Their document analysis feature even flagged how my particular contractor agreement created a clear 1099 requirement.

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5 How does this service actually work? Do I just upload my contractor agreements and it tells me whether I need to issue a 1099?

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19 I'm curious - does it also help determine if someone should be classified as an employee vs contractor? I've heard horror stories about misclassification penalties.

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12 Yes, you upload your contractor agreement and any relevant communications, and it analyzes the content to determine your 1099 filing requirements. It highlights specific language in your documents that creates tax obligations and explains why those requirements exist based on current tax law. For worker classification issues, it absolutely helps with that. It examines the nature of the working relationship based on your documentation and identifies whether the arrangement has characteristics that would trigger employee classification according to IRS rules. This has saved many businesses from costly misclassification penalties.

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5 Just wanted to follow up - I actually tried taxr.ai after seeing it mentioned here, and it was super helpful! I was planning to skip sending 1099s to a couple of my service providers to avoid paperwork, but the system flagged exactly why that would create audit risk and potential penalties. It even calculated that I could face over $1,100 in potential penalties for just two missed forms, not to mention the risk of losing the deductions altogether. Definitely worth checking out if you're trying to navigate contractor tax requirements correctly!

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8 If you're trying to communicate with the IRS about proper contractor classification or get guidance on your specific situation, good luck getting through on the phone. I was on hold for over 3 hours trying to get clarification on 1099 requirements last tax season before I discovered Claimyr (https://claimyr.com). They got me a callback from the IRS in under 2 hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with made it crystal clear that issuing 1099s isn't optional if you're deducting contractor payments over $600, and skipping this requirement would create problems for both me and the contractor.

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15 Wait, is this legit? How does Claimyr actually work? Seems too good to be true considering how impossible it is to reach the IRS.

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19 Yeah right. No way some service can magically get through to the IRS when millions of people can't. I tried calling for weeks last year and got nowhere.

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8 It's completely legitimate - they use an automated system that navigates the IRS phone tree and waits on hold for you, then calls you back when they've reached a representative. It saves you from having to sit on hold yourself. The technology is fairly straightforward - they're essentially just waiting in the phone queue on your behalf. When they reach a representative, they connect you directly. There's nothing magical about it, but it sure feels like magic when you've been trying unsuccessfully to reach someone for weeks. The IRS is aware these services exist and they function within the system's parameters.

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19 I've got to admit I was wrong - I actually tried Claimyr after responding to that post because I was desperate to get IRS clarification on some 1099 issues for my business. Within about 90 minutes I got a callback and talked to an actual IRS rep! They walked me through exactly what I needed to do for my contractors and confirmed I absolutely needed to issue 1099s if I was going to deduct those expenses. Saved me from making a potentially expensive mistake on my business taxes. Totally worth it if you need official guidance directly from the IRS.

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22 Just FYI - if you pay your contractor via credit card or PayPal (or other payment processors), you don't have to issue a 1099-NEC. The payment processor will issue them a 1099-K instead. This is a legit way to avoid having to deal with 1099s yourself.

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1 Are you 100% sure about that? If I pay through PayPal business, I don't need to issue a 1099-NEC to them at all? That would solve my whole issue!

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22 Yes, I'm sure about this rule. If you pay your contractor using a payment settlement entity like PayPal (through their business platform, not Friends & Family), credit card, or third-party network, then you're not required to issue a 1099-NEC for those payments. The payment processor is responsible for reporting that income to the IRS through Form 1099-K. This is clearly stated in the IRS instructions for 1099-NEC: "Payments made with a credit card or payment card and certain other types of payments, including third-party network transactions, must be reported on Form 1099-K by the payment settlement entity under section 6050W and are not subject to reporting on Form 1099-NEC.

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16 Look, let's be real about what you're trying to do. You want to deduct expenses without issuing a 1099 because your contractor probably doesn't want to report that income. That's tax fraud for both of you, and the IRS is cracking down HARD on this exact thing. My brother-in-law tried this and got absolutely hammered with penalties, back taxes, and interest. They can match your deductions against reported 1099s. Just don't.

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1 That's definitely NOT what I'm trying to do. My contractor will be reporting her income regardless. There are other reasons I'd prefer not to be the one issuing a 1099, but I won't get into the details. I'm just trying to understand if there are legitimate alternatives, which it sounds like there might be through payment processors based on COMMENT 6. No interest in committing tax fraud here.

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10 Whoa, that's a pretty big assumption to make. There are legitimate reasons someone might not want to deal with 1099s - like privacy concerns, administrative burden, etc. Jumping straight to "tax fraud" is unnecessary when they're clearly asking about LEGAL options.

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I've been dealing with similar contractor payment situations for my small business, and I'd recommend being extra careful about the payment processor route mentioned above. While it's true that paying through PayPal Business or credit cards can eliminate your 1099-NEC requirement, you need to make sure you're using the right type of payment. PayPal Friends & Family payments won't qualify - it has to be through their business/goods & services option where fees are charged. Same with credit cards - personal credit card payments might not always trigger 1099-K reporting depending on the processor and payment volume. The threshold for 1099-K reporting has also changed recently, so double-check current requirements. In 2023, the threshold was supposed to drop to $600 total payments, but the IRS delayed implementation. Make sure you understand what the current rules are before relying on this strategy. Bottom line: if you're going to deduct the expense, the IRS expects some form of third-party reporting to match. Whether that's a 1099-NEC from you or a 1099-K from a payment processor, there needs to be a paper trail.

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Thanks for bringing up those important details about payment processors! I was actually wondering about the threshold changes for 1099-K reporting. Do you know what the current threshold is for 2024? I want to make sure if I switch to PayPal Business payments that it will actually trigger the 1099-K reporting and cover my compliance requirements. Also, when you say "business/goods & services option" - is that automatically selected when using PayPal Business accounts, or do I need to specifically choose that payment type for each transaction?

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