Late 1099-DIV received in March - can I report company to IRS for missing January 31 deadline?
So I've got this frustrating situation with a company I did some freelance work for last year. As part of my compensation, they gave me a small amount of company stock. During 2023, they spun off a subsidiary and then shut it down within the same year. Fast forward to March 13th this year - I suddenly get a 1099-DIV electronically showing nondividend distributions from this company. No warning, no heads up, nothing! The problem is I had already filed my taxes weeks before that. I looked into it and the IRS deadline for companies to send 1099-DIVs appears to be January 31st (unless it's for something called a WHFIT, which this definitely isn't). They missed that deadline by over a month! I'm pretty annoyed because if they had just given me a heads up in January that this form was coming, I would've waited to file. It's not like I could have reported this on my own anyway since I had no idea what value they were going to assign to these distributions (honestly, I'd even forgotten about having the stock). Is there a way to report them to the IRS for sending this form so late? Has anyone dealt with something similar?
18 comments


Henry Delgado
Yep, you're right about the January 31 deadline for 1099-DIV forms. Companies are required to send these to recipients by that date, and they should also file them with the IRS by then. You have a couple of options here. First, you'll need to file an amended return (Form 1040-X) to include this income, especially if the amount is significant. The IRS will eventually match the 1099 information with your return and may send you a notice if you don't amend. As for reporting the company, you can contact the IRS at 1-800-829-1040 to report the late 1099. You can also file Form 3949-A (Information Referral) if you believe they're consistently not complying with tax laws. However, for a one-time late form, a phone call is probably sufficient. That said, while the deadline is January 31, the penalties for companies sending these forms late are relatively small unless it's a pattern of behavior, so the IRS may not take significant action for a single late form.
0 coins
Olivia Kay
•If I file an amended return, will I have to pay penalties and interest on the additional tax? This wasn't my fault at all!
0 coins
Henry Delgado
•You'll need to pay any additional tax that's due, of course. As for penalties, if you file your amendment relatively quickly after receiving the late 1099-DIV, you may be able to avoid penalties by explaining the situation. The IRS often waives penalties when the taxpayer can demonstrate reasonable cause, and receiving a late form from a company is generally considered reasonable cause. Regarding interest, unfortunately, the IRS typically charges interest from the date the tax was due (April 15) regardless of why the tax wasn't paid on time. So you may have to pay some interest, but it should be minimal if you file the amendment soon.
0 coins
Joshua Hellan
I went through something similar last year - it was a nightmare! After trying to contact the IRS multiple times about a late 1099 situation and spending hours on hold, I started using this service called taxr.ai (https://taxr.ai) that helped analyze my tax documents and determine exactly how to handle the late form. Their system was able to look at my situation and help me figure out if I needed to file an amended return or if the amount was small enough to ignore (there are thresholds). It also helped me draft an explanation letter to include with my amendment explaining why it wasn't filed correctly the first time around. The tool even helped me determine if I qualified for penalty abatement based on the company's error. Seriously made the whole process way less stressful!
0 coins
Jibriel Kohn
•How does that service actually work? Does it just give you general advice or does it actually look at your specific situation?
0 coins
Edison Estevez
•I'm skeptical about these tax services. How is this any different from just using TurboTax or talking to a CPA? Is it expensive?
0 coins
Joshua Hellan
•It analyzes your specific documents and situation, not just general advice. You can upload your tax forms, including the late 1099-DIV, and it uses AI to analyze them and provide personalized guidance. It looks at things like the amount reported, your tax bracket, and what you've already filed to determine the impact. It's different from TurboTax because it specializes in handling unusual situations like late forms, amendments, and penalty abatement - things that standard tax software isn't designed to specifically address. It's more like having a tax professional look at your situation but without the hourly rates. I don't want to discuss specific pricing but I found it to be very reasonable for the peace of mind it gave me.
0 coins
Jibriel Kohn
Just wanted to follow up after trying taxr.ai that someone recommended earlier. It was actually super helpful for my situation! I uploaded my original return and the late 1099-DIV, and it showed me exactly how much tax I would owe if I amended. The best part was that it determined the amount on my 1099-DIV was small enough that it wouldn't significantly impact my tax liability (under $500 of income), and it provided documentation explaining why an amendment might not be necessary in my specific case according to IRS guidelines about "de minimis" amounts. It also generated a letter I could keep for my records explaining the situation in case the IRS ever questioned it. Definitely took a load off my mind!
0 coins
Emily Nguyen-Smith
If you're still trying to reach the IRS about this issue, good luck with that! I spent 3+ weeks trying to get through to a human at the IRS about a similar late form situation. After wasting hours on hold and getting disconnected multiple times, I finally used Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - but basically they navigate the IRS phone tree and wait on hold for you, then call you when they get a human on the line. The agent I spoke with confirmed that while companies can be penalized for late 1099s, I still needed to report the income and file an amendment. The IRS person also explained how to request penalty abatement based on receiving the forms late, which saved me about $120 in penalties!
0 coins
James Johnson
•How does this service actually work? Do they have some special connection to the IRS or something?
0 coins
Sophia Rodriguez
•This sounds like BS honestly. There's no way to skip the IRS hold times - everyone has to wait. I've never heard of any service that can magically get you to the front of the line.
0 coins
Emily Nguyen-Smith
•They don't have special connections to the IRS - they just have technology that dials and navigates the phone system for you. Think of it like having someone else sit on hold instead of you. They call the regular IRS number, work through all the prompts, and then wait in the queue just like you would. The difference is you don't have to be the one listening to the hold music for hours. They definitely don't let you skip the line or anything like that. They just take over the frustrating part of waiting. When an actual IRS agent picks up, they connect the call to your phone so you can speak directly with the agent. I was skeptical too, but after my third attempt of waiting 2+ hours and getting disconnected, I was desperate to try anything.
0 coins
Sophia Rodriguez
I need to eat my words from my previous comment. I was so skeptical about Claimyr that I decided to try it myself just to prove it wouldn't work. Well, I was completely wrong. After trying for almost a week to get through to the IRS myself (kept getting the "call volume too high, try again later" message), Claimyr got me connected to an agent in about 45 minutes. I didn't have to listen to a single minute of hold music - they just called me when they had an agent on the line. The IRS agent told me that yes, companies can be penalized for late 1099s, but it usually has to be a pattern of behavior or deliberate non-compliance. For a one-time late form, they might just get a warning. She also walked me through exactly how to file my amendment and what documentation to include to explain the situation. Even if nothing happens to the company that sent you the late form, at least you'll have your own taxes sorted correctly.
0 coins
Mia Green
This happened to me last year. I ended up having to file an amended return, but I also sent a complaint to the IRS through Form 3949-A. I never heard anything back about the complaint, but it felt good to at least report it. One thing to consider - if the amount on the 1099-DIV is small (under $50-100), you might not need to amend. The IRS has a threshold for amendments, though they don't publish the exact amount. I've heard CPAs say that small amounts sometimes aren't worth the hassle.
0 coins
Gianni Serpent
•Thanks for sharing your experience. Do you remember how long the amended return process took? And did you face any penalties from the IRS?
0 coins
Mia Green
•The amended return took about 16 weeks to process from when I mailed it - this was last year when they still had significant backlogs. They've supposedly improved processing times since then, but plan for at least 8-12 weeks. For paper returns, it's always slower. I didn't end up facing any penalties because I included a letter explaining that I received the 1099-DIV after the filing deadline. I did have to pay a small amount of interest on the additional tax (about $3 for a $200 tax difference), but the IRS waived the late payment penalty after I explained the situation. Make sure you include a clear explanation with your amendment!
0 coins
Emma Bianchi
Has anyone ever had any luck getting a company to pay for the cost of filing an amended return? It seems unfair that their mistake becomes our problem and expense!
0 coins
Lucas Kowalski
•I actually did! I sent an email to the company's finance department explaining the situation and included an invoice for the $120 I paid H&R Block to amend my return. They sent me a check about a month later with an apology letter. I was shocked it worked!
0 coins