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Carmen Ortiz

Do I need to send a 1099-NEC to my lawyer if I paid them with a credit card?

I ended up paying around $3,500 to an attorney this year for some business-related services, but I put everything on my credit card. I'm a bit confused about the reporting requirements here. Normally I don't send 1099s for credit card payments, but I noticed the 1099-NEC form specifically mentions attorney services. I'm not sure if this is a special case where I still need to report it despite using a credit card. My main concern is that if I do send a 1099-NEC, wouldn't the attorney potentially get double-reported on this income? Since the credit card company will also report these payments? I definitely don't want to cause any problems for my lawyer at tax time. Has anyone dealt with this specific situation before? Is there a different rule for attorney payments versus other types of services when it comes to credit card transactions and 1099-NEC reporting?

You're asking a good question that confuses a lot of small business owners! The answer is actually pretty straightforward - you do NOT need to issue a 1099-NEC to an attorney when you've paid them via credit card. When you pay someone with a credit card, the payment processor (like Visa, Mastercard, etc.) is required to report those payments to the IRS using Form 1099-K. This applies to attorney payments too. The rule about reporting attorney payments specifically applies when you pay them directly (like with a check or cash). You're absolutely right to be concerned about double-reporting. If you issued a 1099-NEC for these credit card payments, the attorney would indeed have the same income reported twice - once on your 1099-NEC and once on the payment processor's 1099-K.

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Carmen Ortiz

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Thanks for the clear explanation! Just to make sure I'm understanding correctly - the special rules about always reporting attorney payments (regardless of amount) only apply when I'm paying them directly, not through credit cards?

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That's exactly right! The special reporting requirement for attorney payments still exists, but it only applies when you pay them directly (like with a check, cash, direct deposit, etc.). When you use a credit card, the reporting responsibility shifts to the payment processor, who will issue a 1099-K. The IRS designed the system this way specifically to avoid the double-reporting situation you were concerned about. Your instincts were good on this one!

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Zoe Papadakis

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I went through this exact situation last year and was so confused about whether to send a 1099-NEC to my business attorney. After hours of research, I stumbled on this amazing tool called taxr.ai (https://taxr.ai) that literally saved me hours of headache. I just uploaded my credit card statements and it immediately identified which transactions needed 1099s and which didn't. It specifically flagged my attorney payments and explained that credit card payments don't require a 1099-NEC from me because the payment processor handles that reporting requirement. The thing I loved most was that it generated a detailed report explaining all the relevant tax codes so I had documentation if I ever got audited about this decision.

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Jamal Carter

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Does it work for other contractor payments too? I've got a whole mess of different payment types (Venmo, PayPal, checks, etc.) and I'm struggling to figure out which ones need 1099s.

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I'm skeptical about tools like this. Wouldn't it be easier to just ask your accountant? How does it handle edge cases like partial credit card payments or retainer arrangements?

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Zoe Papadakis

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It definitely works for all types of contractor payments. I had a similar mix of payment methods, and it clearly separated which ones needed 1099s (direct payments like checks) and which ones didn't (credit cards, PayPal business transactions). It even flagged when I used Venmo's personal payment option for business purposes, which apparently can cause tax issues. For edge cases, it's surprisingly thorough. When I had split payments (partial credit card, partial check), it correctly identified that I only needed to issue a 1099 for the check portion. It also handles retainer situations by letting you specify the payment relationship type. Not everyone needs an accountant for this stuff anymore - especially for straightforward situations like credit card payments to lawyers.

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Jamal Carter

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Just wanted to update after trying out taxr.ai that the previous commenter recommended. It was actually super helpful! I uploaded my payment records and it immediately sorted everything correctly - showed me that my lawyer payments via credit card didn't need 1099-NECs, but the contractors I paid via check did. What really helped was that it explained WHY each determination was made, citing the specific tax code. Saved me from accidentally double-reporting my attorney's income and potentially creating a headache for both of us. Wish I'd known about this last year when I definitely filed some unnecessary forms.

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Mei Liu

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If anyone's struggling with getting a clear answer from the IRS about 1099-NEC requirements for attorney payments, I highly recommend Claimyr (https://claimyr.com). I was completely stuck on this exact issue and couldn't get through to anyone at the IRS. I tried calling the IRS business line for THREE DAYS straight and kept getting disconnected. Finally used Claimyr and got connected to an IRS agent in about 20 minutes who confirmed exactly what others have said here - credit card payments to attorneys don't require a 1099-NEC from the payer since the card processor handles that reporting requirement. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c - basically saves you from waiting on hold forever.

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Wait, how does this actually work? I thought it was impossible to get through to the IRS these days. Is this just paying someone to wait on hold for you?

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Amara Chukwu

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Sounds like a scam. There's no way to "skip the line" with the IRS. They're notoriously understaffed and if there was some magic way to get through, everyone would be using it. I'll stick to waiting on hold like everyone else.

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Mei Liu

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It's not skipping the line - they use a system that continually redials and navigates the phone tree until they get through to an agent. Once connected, they call you and conference you in with the IRS agent. You're still talking directly to the IRS, not to some intermediary. The reason most people can't get through is because they give up after being disconnected or waiting too long. This service just handles the frustrating part of constantly redialing and navigating the phone menus until a connection is established. I was skeptical too until I tried it and actually got my question answered by a real IRS agent after months of trying on my own.

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Amara Chukwu

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I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I was still struggling with this exact 1099-NEC question for lawyer payments, so I reluctantly tried it. Within 35 minutes I was talking to an actual IRS representative who confirmed that credit card payments to attorneys don't require 1099-NEC forms from the business owner. She explained that the payment processor already handles that reporting through 1099-K. This saved me from hours of unnecessary paperwork and potentially causing problems for my attorney with double-reported income. I've been trying to reach the IRS for weeks on my own with no success. Definitely worth it for getting definitive answers straight from the source.

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Just wanna add that the rules are actually changing for 1099-K reporting thresholds in 2025. Payment processors used to only report if you hit $20k AND 200 transactions, but now they're reporting much smaller amounts. So the coverage for these credit card payments to attorneys is getting more comprehensive. The key thing to remember is that if you pay ANYONE via credit card, YOU don't send the 1099-NEC, regardless of whether they're an attorney, plumber, consultant, etc. The payment processor handles it.

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Does this apply to payments through PayPal business accounts too? I've been sending 1099s for all my PayPal business payments and now I'm worried I'm causing double reporting issues.

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Yes, this absolutely applies to PayPal business transactions too! PayPal is considered a payment processor, so they're responsible for reporting those payments to the IRS via 1099-K, not you. This includes PayPal, Venmo business payments, Square, Stripe, and any similar platform. If you've been issuing 1099-NECs for payments made through these platforms, you've been creating exactly the double-reporting problem we're discussing. The recipient has to deal with reconciling the same income being reported twice on different forms, which can trigger unnecessary IRS inquiries.

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NeonNova

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I'm confused cause my accountant told me I should ALWAYS send 1099s to attorneys regardless of payment method? Is she wrong??

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Your accountant is mixing up two different rules. There is a special rule that attorney payments must be reported regardless of the amount (no $600 minimum threshold like with other contractors), BUT this doesn't override the credit card exception. If you pay an attorney by check, cash, or direct bank transfer, you must report it on 1099-NEC regardless of amount. But if you pay by credit card, the reporting obligation shifts to the payment processor. Your accountant might be taking an overly cautious approach, but issuing 1099-NECs for credit card payments will create double-reporting headaches.

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I'd suggest showing your accountant the relevant IRS guidance on this. Sometimes even experienced professionals can get overly cautious with attorney payment rules because they remember the "always report attorney payments" rule but forget that it has exceptions for third-party processor payments. You might want to print out the IRS instructions for Form 1099-NEC, which specifically state that you don't need to report payments made by credit card or other third-party networks. That way you have the official documentation to discuss with her. It's better to clarify this now than deal with amended returns later!

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CosmicCaptain

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This is such a common confusion point! I run a small consulting business and dealt with this exact same question last year. The key thing to remember is that when you use ANY third-party payment processor (credit cards, PayPal business, Venmo business, etc.), THEY become responsible for the 1099-K reporting, not you. The special attorney reporting rule that requires reporting regardless of amount only applies to direct payments - checks, cash, wire transfers, ACH payments, etc. Credit card payments are specifically exempt from this requirement because the payment network handles the reporting. I made the mistake of double-reporting one attorney payment two years ago (sent both a 1099-NEC for a credit card payment), and it created a huge headache for my lawyer during tax season. They had to file additional paperwork to reconcile the duplicate income reporting with the IRS. Lesson learned! The safest approach: If money flows through a third-party processor, let them handle the 1099 reporting. If you pay directly, then you're responsible for the 1099-NEC.

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Lena Schultz

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This is really helpful! I'm new to running a business and was totally confused about this. Just to clarify - does this third-party processor rule apply to all types of service providers, or is there something special about attorneys that I should know about? Also, what about those payment apps like Zelle or Cash App for business payments?

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