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Amara Adebayo

Sent a 1099 to a S-Corp contractor and they're furious - did I mess up their taxes?

So I'm dealing with this contractor who operates as an S-Corp, and I just sent them a 1099 form. They completely lost it when they received it, telling me I'm going to "mess up their taxes" and that I need to "google the tax law." The thing is, I'm pretty sure they're right and I did send it in error, but I'm not completely certain about what to do next. Do I just need to tell them to disregard the 1099? This particular contractor has been nothing but difficult since day one. Their W9 raised some red flags for me - it's literally an e-card company that's "doing business as" a video production company. The whole setup seemed sketchy to me from the start, which is partly why I was being extra cautious with the tax documentation. Now I'm dealing with this blowback and just want to handle it correctly.

Yes, you did make a mistake by sending a 1099 to an S-Corporation. S-Corps should receive payment without tax forms because they're responsible for their own tax reporting. When you pay an S-Corp for services, you generally don't issue a 1099 unless you're paying them for legal services or a few other specific exceptions. You should issue a corrected 1099 (1099-X) showing $0 paid to the vendor, and inform them that you've corrected the error. It's important to file this correction with the IRS so they don't expect tax payments based on the incorrect form. The contractor is concerned because your mistake could potentially trigger a tax notice or audit for them when the IRS sees the 1099 income that doesn't match their corporate return.

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But if they presented themselves as an e-card company doing business as a video company, couldn't that cause confusion about their actual business structure? I'm curious if the OP had clear documentation that they were definitely dealing with an S-Corp rather than a sole proprietor?

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You're asking a good question. The business name on the W9 can sometimes be confusing, but what matters legally is the tax classification box that's checked on the W9 form. If the "S-Corporation" box was checked, then regardless of the business name, they should not receive a 1099. The DBA (doing business as) arrangement is actually fairly common and doesn't change their tax status. What matters is their actual legal classification as indicated on the W9. If the contractor checked "S-Corporation" on their W9, then sending a 1099 was incorrect regardless of how sketchy their name arrangement seemed.

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Dylan Evans

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Does taxr.ai help with figuring out which business types need 1099s in the first place? I'm always confused about who needs one and who doesn't.

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I own an S-Corp and receive incorrect 1099s all the time. It's super annoying but not the end of the world. Yes, you should file a corrected 1099 showing $0, but also, this contractor is being overly dramatic. We just note the error on our corporate returns and move on. The "freaking out" seems unprofessional, especially since it's a common mistake. Many clients don't understand S-Corp taxation.

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Amara Adebayo

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Thanks for that perspective. Is there a deadline for when I need to get the corrected 1099 filed? The contractor is making it sound like this needs to be done ASAP or there will be serious consequences.

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You should file the correction as soon as reasonably possible, but there's no strict deadline specifically for corrections. The original 1099s are due January 31st each year, but corrections can be submitted after that. Your contractor is definitely overreacting. While it's annoying for them, it's not going to destroy their business. We just include a note with our tax filing that explains the discrepancy. If anything does come up, the S-Corp has documentation (their W9 showing their status) to easily resolve it. I'd still get the correction done within the next month to be professional, but the panic is unwarranted.

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Has anyone mentioned the whole DBA situation? If his W9 is for an e-card company "doing business as" a video company, are you sure you're even paying the right entity? This sounds super sketchy, and I'd want to verify that the EIN on the W9 actually belongs to a legitimate S-Corp before worrying about the 1099 issue.

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LunarEclipse

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This is an excellent point. You can verify business information through your state's Secretary of State business entity search. Check if the S-Corp is properly registered and if the names match up with what's on the W9. DBAs should be formally registered too.

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