< Back to IRS

Keisha Williams

Do I need to issue a 1099 to an LLC that elected S-corp status?

Title: Do I need to issue a 1099 to an LLC that elected S-corp status? 1 Hello everyone, I could use some tax advice for my new business venture. I recently hired some independent contractors for my startup and now I'm confused about 1099 reporting requirements. I have a few subcontractors who completed W-9 forms, and they checked the LLC box but also selected the S-corporation classification option. I'm not sure if I need to send them 1099 forms or not. Someone told me that you don't need to issue 1099s to S-Corps or C-Corps, but I'm not clear if that applies when the entity is an LLC that elected S-corp tax treatment. Are LLCs that elect S-corp status exempt from 1099 reporting? Do I still need to submit 1099 forms to these contractors? I don't want to mess up my first year of business taxes, so any guidance would be greatly appreciated!

8 You're right to be checking on this - it can be confusing! The good news is that the rule is actually pretty straightforward: you generally do NOT need to issue 1099s to LLCs that have elected S-Corporation status. Since your contractors marked both LLC and selected the S-corp option on their W-9s, they're telling you they're being taxed as an S-Corporation, not as a partnership or sole proprietorship. S-Corporations are exempt from 1099 reporting requirements for services, just like C-Corporations. The only exception would be if you paid them for legal services (then you'd need to issue a 1099 regardless of their entity type) or if you made payments to them for things like rent, prizes, or certain other non-service payments. Keep those W-9s on file though! They're your documentation in case the IRS ever questions why you didn't issue 1099s to these contractors.

0 coins

3 Thanks for the info! So just to be clear, if I have W-9s from regular LLCs (not S-Corp) I DO need to give them 1099s, right? But if they checked S-Corp or C-Corp, I don't? I'm just starting out too and trying to figure all this out.

0 coins

8 That's exactly right! For regular LLCs that haven't elected special tax treatment, you do need to provide 1099s if you paid them $600 or more during the year for services. These LLCs are typically taxed as partnerships or disregarded entities (sole proprietorships). The key is looking at how they've completed their W-9. If they only checked the LLC box without selecting any tax classification, or if they selected "partnership" or left the tax classification blank, then you need to issue a 1099. If they checked LLC and then marked S-Corp or C-Corp, no 1099 is needed for services.

0 coins

5 I went through the exact same headache last year with my consulting business. After wasting hours trying to figure out the 1099 rules, I finally used https://taxr.ai to review all my contractor documentation. Saved me so much stress! You upload your W-9s and payment records, and it tells you exactly who needs a 1099 and who doesn't. The site confirmed I didn't need to send 1099s to my LLC/S-corp contractors, just like everyone's saying here. But it also caught a contractor who had filled out their W-9 incorrectly that I would have missed. The tool also generates and files the 1099s you actually do need to send, which saved me from dealing with the IRS filing system.

0 coins

12 How accurate is it with handling different entity types? I've got contractors who are sole props, LLCs, and a few S-corps, and keeping track is a nightmare.

0 coins

19 Does it handle state filing requirements too? Some states require 1099 reporting even when federal doesn't, and I've been burned by that before.

0 coins

5 It handles all entity types perfectly - that's actually its strongest feature. It correctly identified which of my sole props and single-member LLCs needed 1099s while excluding the S-corps and C-corps. It even flagged a contractor who had inconsistencies in their documentation that could have caused problems. Yes, it absolutely handles state requirements too! That was actually a huge help for me since my state has different thresholds than federal. The system checks both federal and state requirements based on your location and the payment amounts, then tells you exactly what you need to file where. Saved me from missing those state filings that are easy to overlook.

0 coins

19 Just wanted to follow up - I tried https://taxr.ai after seeing it mentioned here, and wow, it actually delivered! I uploaded my contractor information and it immediately sorted out who needed 1099s. Had 3 LLC/S-corps that I was unsure about, and it confirmed I didn't need to send them forms. The interface was straightforward and it explained the rules as it went. What really impressed me was when it flagged one contractor whose W-9 showed they were an LLC but hadn't indicated their tax treatment - turned out they needed to be treated differently. Would have completely missed that without the tool. The time saved was worth it alone - no more spreadsheets and double-checking tax rules!

0 coins

6 If you're still confused after all this or need clarification directly from the IRS, good luck getting through to them these days! I spent 3 weeks trying to get someone on the phone about a similar 1099 question. Finally found https://claimyr.com and used their service to get through to an actual IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they wait on hold with the IRS for you, then call you when an agent picks up. Got a definitive answer about my LLC/S-corp contractor situation in one call instead of weeks of frustration. The agent confirmed exactly what people are saying here - no 1099 needed for an LLC that elected S-corp status.

0 coins

14 Wait, is this legit? How does it actually work? I've been on hold with the IRS for literally hours and never get through.

0 coins

2 Sounds too good to be true. The IRS wait times are infamous. Has anyone else actually had success with this? I'm skeptical that any service could fix the IRS phone nightmare.

0 coins

6 It works by using their system to navigate the IRS phone tree and wait on hold for you. You enter your phone number on their site, and they call you only when they have an actual IRS agent on the line. Then they conference you in so you can speak directly with the agent. I was skeptical too, but it absolutely works. I had been trying for almost 3 weeks to get through about my contractor question. Used Claimyr and got connected to an agent the same day. The IRS wait times are still terrible, but with this service, you're not the one waiting on hold for hours. They do that part for you, and you only get called when there's an actual human ready to help.

0 coins

2 I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it because I was desperate for answers about some 1099 issues similar to what OP mentioned. The service actually worked exactly as described. I put in my info around 9am, went about my day, and got a call around 2pm connecting me directly to an IRS agent. No waiting on hold at all on my end. The agent confirmed that LLC/S-corps don't need 1099s for services (matching what everyone here said), and also answered my questions about a few other contractor situations. Saved me hours of frustration and gave me peace of mind knowing I heard it directly from the IRS.

0 coins

7 Quick tip from someone who's been running a business for years: Always keep good records of these W-9s regardless of whether you need to issue 1099s or not! If you're ever audited, having documentation showing why you DIDN'T issue 1099s to certain contractors is just as important as properly issuing them to others. I keep a spreadsheet tracking all vendors, their entity type (from W-9), payment totals, and whether a 1099 was required.

0 coins

11 How long do you keep those W-9s on file? I've heard different recommendations ranging from 3 years to forever.

0 coins

7 I keep W-9s for at least 7 years, which aligns with the general IRS statute of limitations for audits. However, if you have the storage capacity (digital or physical), there's really no downside to keeping them indefinitely. For active contractors that you use year after year, I recommend getting updated W-9s every 3 years or if they notify you of any change in their status. Entity types can change over time, and you want to make sure you're working with current information. Better safe than sorry when it comes to tax documentation!

0 coins

17 Have you looked into using tax software that handles 1099s? I was in a similar situation last year and ended up using QuickBooks for this exact reason. It lets you mark vendors as corporations vs non-corporations and then only generates 1099s for the ones that need them.

0 coins

4 I second this. I use Xero and it has a similar feature. Makes the whole process much easier when tax time comes around.

0 coins

PixelPioneer

•

Thanks everyone for all the helpful advice! As someone just starting their first business, this has been incredibly educational. I feel much more confident now about the 1099 requirements. Just to summarize what I've learned from this thread: - LLCs that elected S-corp status (marked on W-9) = NO 1099 needed for services - Regular LLCs without S-corp election = YES, 1099 required if paid $600+ for services - Keep all W-9s on file for at least 7 years as documentation - Exception: Legal services always require 1099s regardless of entity type I'm definitely going to look into some of the tools mentioned here like TaxR.ai to help streamline this process. And I'll make sure to get updated W-9s from contractors periodically to stay current. Really appreciate this community for helping new business owners navigate these confusing tax requirements!

0 coins

Mateo Sanchez

•

Welcome to the business world! Your summary is spot-on and shows you've really grasped the key concepts. One small addition I'd make - don't forget that the $600 threshold applies per contractor per year, so keep track of cumulative payments to each vendor throughout the tax year. Also, since you're just starting out, consider setting up a system early to track these payments monthly rather than scrambling at year-end. Makes everything much smoother when January rolls around and you need to get those 1099s out by the end of the month. Good luck with your new venture!

0 coins

Great thread! As someone who works in tax compliance, I want to emphasize one important point that sometimes gets overlooked: make sure your contractors are filling out their W-9s correctly in the first place. I've seen cases where contractors check "LLC" but then don't specify their tax classification, or they're confused about their own election status. If there's any ambiguity on the W-9, don't hesitate to ask them to clarify or provide a corrected form. It's much easier to get this right upfront than to deal with potential issues later. Also, remember that even though you don't need to send 1099s to S-corp elected LLCs for services, you still need to report these payments on Form 1096 as part of your annual filing if you're sending any 1099s to other contractors. The advice about keeping good records is spot-on - documentation is your best friend during tax season!

0 coins

Collins Angel

•

This is such valuable insight, especially about the W-9 clarity issue! I'm just getting started with my business and hadn't even thought about the possibility that contractors might fill out their forms incorrectly or incompletely. Quick question - when you mention Form 1096, does that apply even if I only have one or two contractors who actually need 1099s? I was under the impression that was only for larger businesses, but I want to make sure I'm not missing any filing requirements. Also, is there a standard way to approach contractors when their W-9 seems ambiguous? I don't want to seem like I'm questioning their business setup, but I definitely want to get it right for both of us.

0 coins

Aria Park

•

Great questions! Yes, Form 1096 is required regardless of business size - if you send even one 1099 form, you need to file a 1096 as the transmittal summary. It's basically the cover sheet that tells the IRS how many 1099s you're sending and the total amounts. For approaching contractors about W-9 clarifications, I usually frame it as a compliance issue rather than questioning their setup. Something like: "To ensure I'm meeting all tax reporting requirements correctly, could you clarify your tax classification on the W-9?" or "I want to make sure I handle your payments properly for tax purposes - could you specify whether your LLC has elected S-corp status?" Most contractors appreciate that you're being thorough since incorrect reporting can affect them too. And if they seem unsure about their own election status, you can suggest they check with their accountant or the IRS directly. It's better to get clarity upfront than guess!

0 coins

This has been such a helpful thread! I'm also a new business owner and was completely confused about the 1099 requirements for different entity types. One thing I learned the hard way is to also check if your state has different rules. I'm in California and discovered they have additional reporting requirements that caught me off guard. Even though federal law says no 1099 needed for S-corp elected LLCs, some states might have their own quirks. Also, for anyone just starting out like me, I'd recommend setting up a simple tracking system from day one. I created a basic spreadsheet with contractor name, entity type, total payments, and 1099 status. Takes just a minute to update each time I pay someone, but saves hours of scrambling at year-end. Thanks to everyone who shared their experiences and tools - definitely going to check out some of the resources mentioned here!

0 coins

Aiden Chen

•

Excellent point about state requirements! I'm also new to business ownership and learned about state-specific rules the hard way. Each state can have different thresholds, deadlines, and even entity exemptions that don't match federal rules. Your spreadsheet idea is brilliant - I wish I had started tracking from day one instead of trying to piece everything together at year-end. I ended up creating something similar but had to go back through months of payments to get it set up properly. For anyone else reading this, I'd also suggest adding a column for the date you received each contractor's W-9. Some of the tools mentioned earlier in this thread check for missing or outdated W-9s, which has been super helpful for staying compliant. Thanks for sharing your California experience - it's a good reminder that federal compliance is just the starting point!

0 coins

Mateo Gonzalez

•

This thread has been incredibly helpful! As a tax professional, I want to add a few additional points that might help other business owners: 1. **Multi-member LLCs**: If you have an LLC with multiple members that hasn't elected S-corp status, they're typically taxed as a partnership and DO require 1099s. 2. **Single-member LLCs**: These are "disregarded entities" by default (taxed like sole proprietorships) and also require 1099s unless they've elected corporate tax treatment. 3. **Box 3 on W-9**: Pay special attention to this box where contractors indicate their tax classification. If it's blank or says "other," follow up for clarification. 4. **Legal services exception**: Even S-corps and C-corps must receive 1099-MISC for legal services if you paid them $600+ (Box 1). Also, regarding the state requirements mentioned - this varies significantly by state. Some states like California require 1099s to be sent to certain entities that are exempt federally, while others mirror federal rules exactly. Always check your specific state's requirements. Great job everyone on emphasizing proper documentation and W-9 collection. That really is the foundation of compliant 1099 reporting!

0 coins

Thank you for breaking down those additional entity types! As someone completely new to this, the distinction between multi-member and single-member LLCs is something I hadn't even considered. I only have a couple contractors right now, but knowing about these different classifications will definitely help as I grow. The point about Box 3 on the W-9 is especially helpful - I'll make sure to double-check that section on all the forms I collect going forward. And wow, I had no idea about the legal services exception applying even to S-corps and C-corps. That's definitely something I would have missed! Do you happen to know if there's an easy way to find out the specific state requirements for 1099 reporting? I'm in Texas and want to make sure I'm not missing anything state-specific that might differ from federal rules.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today