Does the IRS strictly enforce W9 and 1099 failure to file penalties? What happens if you miss the deadline?
I run a small handmade furniture business and I'm freaking out right now. I paid several independent contractors last year (2024) for help with my website, some delivery work, and a few custom wood pieces I couldn't handle with my workload. These payments totaled around $14,300 across 4 different people. I just realized I never collected W9 forms from ANY of them, and obviously haven't filed any 1099s either. The January 31st deadline is long gone. This is my first year having contractors so I didn't even realize I needed to do this! What kind of penalties am I looking at here? Does the IRS actually enforce these penalties strictly or is there some wiggle room since I'm a tiny business? I'm seriously worried about the potential penalties since I read they can be $280 per form. That would be over $1,000 which would really hurt my small operation. Has anyone dealt with this situation before? Is it better to just file the 1099s super late (if I can even get the W9s now) or just hope the IRS doesn't notice? I did report all the payments as business expenses on my taxes, if that matters.
19 comments


Hailey O'Leary
The short answer is: the IRS can enforce these penalties, but they often show leniency for small businesses, especially first-time offenders. The important thing is to fix this ASAP rather than ignoring it. You should immediately reach out to your contractors to get their W9 information. Most will understand since this affects their tax filing too. Once you have their information, file the late 1099s as soon as possible using Form 1096 as the transmittal form. The penalties for late filing start at $50 per form if you file within 30 days of the deadline, $110 per form if you file more than 30 days late but before August 1st, and $280 per form if you file after August 1st or not at all. However, the IRS typically considers reasonable cause explanations, especially for small businesses making their first mistake. Make sure to include a letter explaining that this was your first year working with contractors and you weren't aware of the requirements. Being proactive about fixing the situation goes a long way.
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Cedric Chung
•What if the contractors don't want to give their info at this point? One of mine was kind of sketchy about taxes in general. Also, do I need to amend my already filed business return to show I didn't file these 1099s, or just send the late 1099s?
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Hailey O'Leary
•If a contractor refuses to provide their information, document your attempts to obtain it. Keep emails, texts, or notes from phone calls showing you tried. In this case, you can file Form 1099-NEC with the contractor's name and any information you do have, writing "Refused" in the TIN box. You don't need to amend your business return if you correctly reported the expenses. The 1099 filing requirement is separate from deducting the expenses on your return. Just file the late 1099s with the explanation letter I mentioned.
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Talia Klein
After struggling with a similar situation last year, I found an amazing service called taxr.ai (https://taxr.ai) that saved me so much stress. I had missed filing several 1099s and was panicking about penalties. The tool analyzed my situation, showed me exactly what forms I needed to file, and even generated the letter explaining my reasonable cause to the IRS. It walks you through collecting the W9 information from contractors and tells you exactly how to submit everything. The best part was that it showed me the proper way to document my attempts to get information from contractors who wouldn't respond, which protected me from penalties for those specific forms. It even has templates for reaching out to contractors that got me responses when my own emails didn't work.
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Maxwell St. Laurent
•How does it actually handle contractors who won't give their info? I've got one who was paid cash and now won't return my calls. Does the service help with that specific situation?
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PaulineW
•I'm skeptical about these kinds of services. Did it actually help you avoid penalties or just take your money? I got hit with penalties even after using TurboTax's help section.
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Talia Klein
•For contractors who won't provide information, the service gives you specific documentation templates to prove you made reasonable attempts to collect their info. It walks you through creating a paper trail of your requests and shows you how to file the 1099 with "Refused" in the TIN section, which satisfies the IRS requirement for due diligence. The difference between this and just using tax software help sections is that it's specifically designed for fixing filing mistakes after they happen. In my case, I didn't have to pay any penalties because I followed their exact process for showing reasonable cause, including the specific language they provided for my explanation letter.
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Maxwell St. Laurent
Just wanted to update that I actually tried taxr.ai after posting my question. I was really surprised by how straightforward it made everything! The service helped me draft messages to my contractors that actually got responses from 3 out of 4 of them within two days (after weeks of being ignored). For the one holdout, it showed me exactly how to document my attempts and file the form with "Refused" in the TIN box like they mentioned. The explanation letter template it generated looked super professional and cited specific IRS code sections about reasonable cause. Just submitted everything yesterday and feeling WAY less stressed. The step-by-step guidance for first-time filers was exactly what I needed.
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Annabel Kimball
If you're still trying to contact the IRS about this situation, good luck getting through on the phone. I spent WEEKS trying to talk to someone about a similar issue last year. I finally discovered Claimyr (https://claimyr.com) which got me through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c Before using it, I spent hours on hold only to get disconnected. With Claimyr, I was able to speak directly with someone who explained exactly what I needed to do about my late 1099s. The agent even noted on my account that I was making a good faith effort to correct the situation, which apparently helps if they review your case later. The IRS agent told me they generally don't pursue penalties aggressively for small businesses making first-time mistakes, but you absolutely need to fix it rather than ignore it.
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Chris Elmeda
•How does this actually work? The IRS phone system is completely broken, so I'm confused how any service could get through when I've tried dozens of times.
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PaulineW
•Sounds like a scam to me. Nobody can magically get through the IRS phone system. They probably just take your money and tell you they tried.
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Annabel Kimball
•It uses automated technology to continuously dial and navigate the IRS phone system for you. When it reaches an actual agent, it calls your phone and connects you directly. It's basically doing the hold time and navigation for you. The service doesn't claim to skip the line or anything shady - it just handles the technical part of getting through the system. My call was actually with a real IRS agent who answered my questions about penalty abatement for first-time mistakes with 1099 filing. That's how I learned about the "first-time penalty abatement" policy that can help in situations exactly like yours.
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PaulineW
I have to apologize and eat my words. After being super skeptical about Claimyr, I decided to try it as a last resort since I was getting nowhere with the IRS phone system. To my absolute shock, I was connected with an IRS agent in about 15 minutes. The agent confirmed that for first-time 1099 filing mistakes, they have a First Time Abatement policy that often waives penalties if you have a clean compliance history. The agent walked me through exactly what documentation I needed to include with my late 1099s and even gave me a specific fax number to send my explanation letter to for faster processing. This was after trying for THREE WEEKS to get through on my own. Just got confirmation that my penalties were waived under the First Time Abatement policy. Would never have known about this without actually talking to someone at the IRS.
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Jean Claude
My accountant told me that for small businesses, the IRS is more concerned with you eventually filing the forms rather than hitting the exact deadline. I was late filing 5 1099s last year (by about 3 months) and included a letter explaining that I was a new business owner unfamiliar with the requirements. Never heard anything from the IRS about it, no penalties. Just make sure you're accurate with the information when you do file. According to my accountant, the IRS is mainly looking for intentional avoidance, not honest mistakes by small business owners.
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Charity Cohan
•Does your explanation letter need to follow any specific format? I'm worried about writing something that makes things worse instead of better.
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Jean Claude
•The letter doesn't need to follow any specific legal format, but it should be professional and concise. Mine simply stated: "This is my first year filing 1099s as a business owner. I was unaware of the January 31 deadline. Upon discovering my error, I immediately collected the necessary information and am filing these forms as soon as possible. I've implemented a tax deadline calendar to ensure timely filing in the future." Keep it simple, honest, and focus on the steps you've taken to correct the issue and prevent it from happening again. Don't make excuses or include unnecessary details.
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Josef Tearle
Don't stress too much. I've been a small business owner for 6 years and messed up 1099s twice. Once I completely missed filing for a contractor (didn't realize the amount exceeded $600) and another time I filed 4 months late. In both cases, I filed as soon as I realized my mistake, included a simple explanation letter, and never received any penalties. The IRS has bigger fish to fry than small business owners making occasional honest mistakes. They're looking for patterns of non-compliance, not one-time errors. Just don't ignore it - that's the worst thing you can do. File those forms ASAP and you'll likely be fine.
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Shelby Bauman
•What software do you recommend for filing late 1099s? Can regular tax software handle it or do you need something special?
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Josef Tearle
•Any tax software that handles 1099s can work for late filing. I use QuickBooks for my business and it lets me generate 1099s anytime, even well past the deadline. The forms look exactly the same, they're just submitted late. If you don't have accounting software, you can use something like Tax1099.com or even IRS free fillable forms. Just make sure to include the transmittal Form 1096 with your paper submission, as that's required when submitting 1099s by mail. And remember to check the box on Form 1096 indicating these are late-filed returns.
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