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Sophia Miller

Can I report a company for sending a 1099-DIV late? Received it mid-March with no warning after I already filed

So I did some freelance work for this tech startup last year and they gave me a small amount of company equity as part of my compensation. In 2023 they spun off one of their divisions into a separate entity (which ended up shutting down before the end of the year anyway). Fast forward to March 13th this year - I suddenly get a 1099-DIV form showing nondividend distributions from this spin-off. The problem is I had already filed my taxes back in February! They gave absolutely zero heads-up that this form was coming. Even if I had remembered about the stock thing, I wouldn't have known what value to report since that was determined by them. I looked up the rules and it seems like the IRS deadline for sending 1099-DIV forms is January 31, unless it's for something called a widely held fixed investment trust (WHFIT), which I'm pretty sure doesn't apply here. Can I actually report this company for sending the form so late? I'm annoyed because if they'd just sent me an email in January saying "hey, expect a 1099-DIV," I could have waited to file. Now I'm going to have to amend my return which is a pain.

Mason Davis

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You're right about the January 31 deadline - companies are required to send 1099-DIV forms to recipients by that date (either electronically or by mail). The exception for WHFITs definitely doesn't apply to your situation with private company stock from a spin-off. You have a few options here. You can report the company to the IRS for the late filing by calling the IRS Information Reporting Program at 1-866-455-7438. However, before doing that, I'd recommend reaching out to the company directly to ask why the form was sent so late. There might have been extenuating circumstances or an honest mistake. As for your tax situation, you'll need to file an amended return (Form 1040-X) to report the additional income from the nondividend distribution. The good news is that you have up to three years from your original filing date to submit an amendment, so there's no rush.

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Mia Rodriguez

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How does the company benefit from sending it late though? Is there any penalty for them, or is it just a slap on the wrist? Seems like they should at least have to pay the cost of filing an amended return.

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Mason Davis

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Companies that file late 1099 forms can face penalties ranging from $50 to $290 per form, depending on how late they file and whether the IRS determines there was intentional disregard of filing requirements. The penalty structure increases the longer they delay filing. The company generally doesn't benefit from filing late - it's usually due to administrative issues, calculation problems, or oversight. Unfortunately, the IRS doesn't typically compensate taxpayers for the inconvenience of filing an amended return, though you could certainly ask the company if they'd be willing to cover any costs you incur as a goodwill gesture.

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Jacob Lewis

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This exact thing happened to me last year with a fintech company I invested in. I was pulling my hair out trying to figure out what to do, then I found https://taxr.ai which literally saved me hours of stress. I uploaded the late 1099-DIV and my already-filed return, and it analyzed everything and gave me step-by-step instructions on exactly what I needed to do for the amendment. It even explained how to handle the nondividend distributions correctly - turns out I would have reported it wrong if I tried to do it myself! It also has a feature where it can look at your investment documents throughout the year and warn you about potential tax forms you might receive, which would have helped me avoid the whole situation in the first place. Might be worth checking out if you have investments across different platforms.

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Is it free to use? I'm dealing with something similar where I got a late 1099-B from a crypto exchange and already filed. Not looking forward to the amendment process.

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Ethan Clark

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I'm skeptical about these AI tax tools. How does it handle state tax implications? I got burned last year using one of these services that didn't properly account for state-specific rules for investment income.

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Jacob Lewis

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The basic document analysis is free, and that might be all you need for a straightforward case like a late 1099-B. They have premium features for more complex situations, but I found the free tier sufficient for my late form issue. It handles state tax implications surprisingly well. It actually flagged that my state (California) had different rules for how the nondividend distributions needed to be reported compared to federal. Before using it, I had no idea states could treat these distributions differently. It breaks everything down by federal and state requirements so you can see exactly what needs to be amended where.

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Ethan Clark

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Coming back to share my experience - I decided to try taxr.ai after my skeptical comment earlier, and I'm pleasantly surprised. I uploaded my late 1099-DIV (similar situation to OP but from a different company) and my original return. The analysis showed exactly what changed on both federal and state returns. The nondividend distribution section was particularly helpful because it explained how it affects my cost basis for future sales. The step-by-step amendment instructions were clear enough that I could handle it myself without paying my accountant another $250. It also has a notification feature that's now watching my investment accounts to prevent surprises next year. For anyone dealing with late investment forms, definitely worth checking out. Wish I'd known about it sooner!

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Mila Walker

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If you're trying to get ahold of the IRS to ask about reporting the company or figuring out how to handle the amendment, good luck! I spent THREE WEEKS trying to get through to a human at the IRS about a similar issue with a late 1099. Until I tried https://claimyr.com - they have this service where they navigate the IRS phone tree for you and wait on hold, then call you when an actual human IRS agent is on the line. You can also see a demo of how it works here: https://youtu.be/_kiP6q8DX5c I was connected to an IRS agent within 2 hours (after trying on my own for weeks). The agent confirmed that yes, the company was required to send the 1099-DIV by January 31st, and they gave me specific instructions on how to report the violation AND how to properly amend my return. Saved me so much frustration!

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Logan Scott

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How exactly does this work? Do they just have some special number to call the IRS or something? I've literally never been able to get through to a human there.

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Chloe Green

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This sounds like BS. How does some random service get you to the front of the IRS queue when millions of people can't get through? I've been calling daily for 3 weeks about my refund. I'll believe it when I see it.

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Mila Walker

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They don't have any special number - they call the same IRS numbers you would. The difference is they have automated systems that navigate the complex phone trees and stay on hold for you. When an IRS agent finally picks up, their system immediately calls your phone and connects you directly to that agent. The reason it works is that most people give up after being on hold for an hour or hitting busy signals. Their system never gives up - it just keeps redialing and waiting until it gets through. I was super skeptical too, but when my phone rang and there was an actual IRS agent on the line, I became a believer. The agent had no idea I had used a service to reach them - from their perspective, I had just been the patient person waiting on hold.

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Chloe Green

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I have to come back and eat my words. After my skeptical comment yesterday, I decided to try Claimyr out of desperation. I figured if it didn't work, I could warn others. Well, I got a call back in 90 minutes with an actual IRS agent on the line. She helped me trace my missing refund (turns out there was a discrepancy they never notified me about). For the OP - the agent I spoke with confirmed companies can be penalized for late 1099-DIV forms, and she took down the information about the late form. She said they track patterns of late filing and can impose penalties on repeat offenders. If you need to speak to the IRS about reporting them or about how to handle your amendment, I'd seriously consider using this service rather than wasting days trying to get through.

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Lucas Adams

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U should file Form 3949-A with the IRS. That's for reporting suspected tax law violations. I did this when my old employer sent W-2s in mid-February a few years ago. Dunno if anything happened but at least it's documented.

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Harper Hill

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Isn't Form 3949-A more for reporting tax fraud rather than just late forms? I thought there was a different process for reporting information return violations.

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Lucas Adams

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You're right - Form 3949-A is more for actual tax fraud situations. For reporting late or incorrect information returns like 1099s, it's better to contact the IRS Information Reporting Program at 866-455-7438 or use the contact information here: https://www.irs.gov/tax-professionals/information-returns-program-contacts. Good catch on that distinction!

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Caden Nguyen

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Just to add something that nobody's mentioned yet - when you file your amended return, make sure you include a brief explanation that you received the 1099-DIV after filing your original return. The IRS is generally understanding about these situations if you're proactive and clear about what happened. Also, check if you need to amend your state return too. Some states automatically receive federal amendment info, but others require separate amended state returns.

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Sophia Miller

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Thanks for the reminder about the state return! I hadn't even thought about that part. I'm in California so I'll need to check if they automatically get the federal amendment info or if I need to file a separate amended state return. I'll definitely include a note explaining the late 1099-DIV situation when I file the amendment. Hopefully they'll be understanding.

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Daniela Rossi

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I went through something very similar last year with a late 1099-MISC from a consulting gig. What really helped me was keeping detailed records of when I received the form and any communications (or lack thereof) from the company. Before reporting them to the IRS, I'd suggest sending the company a brief email documenting that you received the form late and asking for an explanation. Sometimes there are legitimate reasons (like corporate restructuring issues), and having their response on record can be helpful if you do decide to report them. For the amendment process, one thing that caught me off guard was that the IRS processing time for amended returns is much longer than regular returns - typically 16-20 weeks. So don't panic if you don't hear back right away. Also, if you're owed a refund from the amendment, you won't get any interest on it, which is frustrating but just how it works. The good news is that since you're being proactive about fixing this, you shouldn't face any penalties. The IRS generally doesn't penalize taxpayers for honest mistakes, especially when they're caused by late forms from third parties.

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