< Back to IRS

Connor Murphy

What happens if I don't issue 1099s to my contractors? Legal consequences?

So I'm running a small photography business and hired a few people throughout the year for different jobs - website design, some editing work, and even someone who helped with building a small set for studio shots. I paid them all as independent contractors, but I'm really dreading the paperwork headache of filing all these 1099-NEC forms (and one international contractor who might need a 1042-S). I was thinking... what if I just don't issue any 1099s? I'd still record all my expenses properly in my books and claim the proper business deductions when I file my taxes. The contractors got paid what they were owed. Would the IRS even know or care? Are there any serious downsides to skipping this step? It would save me a ton of time and stress right now. Just wondering if anyone has experience with this or knows what actually happens if you "forget" to issue 1099s.

Yara Haddad

•

This is definitely not something you should skip! The IRS takes 1099 reporting very seriously because it's how they track income that contractors receive. Here's what could happen: First, you could face penalties for not filing. The penalty amounts vary based on how late you file and whether it appears intentional, but they can range from $50 to $280 per form for 2025 filings, with a maximum penalty of $3,532,500 for small businesses ($1,177,500 if your business qualifies as small). If the IRS determines it was intentional disregard, the penalty jumps to $570 per form with no maximum. Beyond penalties, not issuing 1099s could trigger an audit. When the IRS sees business expenses claimed without corresponding 1099s being issued, it raises red flags. During an audit, you'd need to prove those payments were legitimate business expenses without the documentation that 1099s provide.

0 coins

So what if my contractors are just small gigs - like I paid one person maybe $800 for fixing my website? Do I still need to send them a 1099? I thought there was some minimum threshold.

0 coins

Yara Haddad

•

You're right to ask about thresholds. You only need to issue a 1099-NEC if you paid a contractor $600 or more during the tax year. So in your example of paying someone $800, yes, you would need to issue them a 1099-NEC. For foreign contractors who aren't U.S. citizens or residents, the reporting requirements involve different forms (like the 1042-S mentioned in the original post), and those may have different thresholds depending on tax treaties with their country.

0 coins

Paolo Conti

•

After dealing with this exact issue last year, I found an amazing service called taxr.ai (https://taxr.ai) that completely simplified the 1099 process for me. I was in the same boat - small business, multiple contractors, dreading the paperwork. It analyzes your payment records, helps identify which contractors need 1099s, and walks you through the whole filing process. What I found most helpful was that it flagged payments that crossed the $600 threshold that I hadn't even realized needed reporting. Saved me from potential penalties, and the guided process made it way less stressful than I expected.

0 coins

Amina Sow

•

Does it work with QuickBooks data or do I need to input everything manually? I've got about 15 contractors to potentially file for.

0 coins

GalaxyGazer

•

How secure is this? I'm always nervous about giving access to my financial data to yet another online service. Has anyone had issues with that?

0 coins

Paolo Conti

•

It does work with QuickBooks! You can import your data directly, which saves a ton of time. I had 8 contractors last year and it pulled everything in smoothly, identified which ones needed 1099s, and which were under the threshold. Regarding security, I had the same concerns initially. They use bank-level encryption and don't store your financial passwords. You're basically granting read-only access for the import, and then it processes everything locally. I haven't had any security issues at all in the year I've been using it.

0 coins

Amina Sow

•

Wanted to follow up about taxr.ai since I ended up trying it after my earlier question. Honestly, it was a game-changer for me. Imported all my QuickBooks data in minutes, and it automatically flagged the 9 contractors that needed 1099s out of my 15 total. The system even caught one person who I'd paid through multiple payment methods that added up to over $600 - would have completely missed that on my own! Just finished filing all my 1099s in under an hour instead of the full weekend I spent on it last year.

0 coins

Oliver Wagner

•

If you're getting frustrated with trying to reach the IRS for questions about 1099 requirements, I found this service called Claimyr (https://claimyr.com) that actually gets you through to a real IRS person. I spent DAYS trying to get through about a specific 1099 situation last month, and was ready to just give up and risk penalties. Claimyr basically holds your place in the IRS phone queue and calls you back when an actual agent is on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The IRS agent I spoke with cleared up my confusion about contractor vs. employee classification and probably saved me from making a big mistake with my 1099 reporting.

0 coins

Wait, how does this even work? The IRS phone system is horrible - I tried calling 8 times last week and gave up. Is this actually legit?

0 coins

Sounds like BS to me. Nobody can get through to the IRS. If it were that easy, everyone would be doing it. I bet they just connect you to some fake "IRS agent" who's part of their service.

0 coins

Oliver Wagner

•

It works by using technology that navigates the IRS phone system and waits in the queue for you. They use the same phone line everyone else does, but their system handles the wait time instead of you having to stay on hold. When an actual IRS agent picks up, they bridge the call to your phone. I completely understand the skepticism - I felt the same way! But it's definitely connecting to the real IRS. You can tell because the agent has access to your tax records once you verify your identity with them, just like when you call directly. It's the same process, just without the 2+ hour hold time. They're just solving the hold time problem, not replacing the IRS agent part.

0 coins

I have to eat my words about Claimyr from my previous comment. After rage-quitting on hold with the IRS for the 10th time (no exaggeration), I decided to try it out of desperation. I was 100% certain it was going to be a scam, but figured what's one more disappointment in tax season? Shockingly, it actually worked. Got a call back in about 45 minutes, and there was a real live IRS agent on the line. I was so surprised I hardly knew what to ask at first! Got my specific questions about 1099s for international contractors answered directly from the source. The agent even sent me follow-up info on reporting requirements for my situation. I've never been able to get that kind of clarity before.

0 coins

Emma Thompson

•

My CPA always warns me about skipping 1099s. She said one of her clients got hit with over $5k in penalties for missing just 7 forms. The IRS has been ramping up enforcement on this specifically. Not worth the risk.

0 coins

Malik Davis

•

Is this a recent crackdown thing? I've been in business 6 years and I'm pretty sure I've missed filing some 1099s in the past with no consequences...

0 coins

Emma Thompson

•

Yes, it's definitely been increasing over the past few years. The IRS has been given additional funding specifically to increase compliance enforcement, particularly in areas like 1099 reporting. It's one of the easier things for them to catch too - they have matching programs that flag discrepancies between business expense deductions and reported contractor payments. Those "no consequences" years you experienced were likely just luck of the draw. The IRS typically has a 3-year window to audit returns, so some of those past oversights might still be within their review window. The enforcement algorithms keep improving too, so what flew under the radar before is more likely to get caught now.

0 coins

Ughhh why is the tax system so complicated?!? I paid a guy $750 to help design some marketing materials last year and had no idea I was supposed to send him a 1099 until reading this thread. Am I going to jail or something? 😱

0 coins

StarStrider

•

You're definitely not going to jail! The IRS doesn't typically pursue criminal charges for missed 1099s, especially if it was just an oversight rather than deliberate evasion. The good news is you can still file it now, even though it's late. You'll probably face a small penalty for filing late, but that's way better than the penalties for not filing at all. Get a Form 1099-NEC filled out ASAP and submit it along with Form 1096 (the transmittal form).

0 coins

This is a really important topic that hits close to home for a lot of small business owners! I went through this exact same dilemma a couple years ago and almost made the same mistake of skipping the 1099s. Here's the reality: the IRS has automated systems that cross-reference your business expense deductions with issued 1099s. If you claim $5,000 in contractor expenses but don't issue any 1099s, that creates a data mismatch that can trigger an audit flag. The algorithms are getting smarter every year. Beyond the penalties others have mentioned, there's another angle to consider - your contractors might actually need those 1099s for their own tax filing. Some of them might be counting on receiving them to properly report their income, especially if they're working with multiple clients. The paperwork really isn't as bad as it seems once you get organized. I use a simple spreadsheet to track contractor payments throughout the year, and it makes the 1099 process much smoother in January. Just columns for contractor name, address, SSN/EIN, total payments, and whether they hit the $600 threshold. Trust me, the stress of potential IRS penalties and audits is way worse than spending a weekend getting the 1099s done properly. Your future self will thank you for handling this the right way!

0 coins

This is such great advice! I'm actually in a similar situation right now - first year running my own consulting business and I've been putting off dealing with 1099s because it seemed so overwhelming. Your spreadsheet idea is genius - I wish I had started tracking this stuff from day one instead of scrambling now to recreate everything from bank statements and invoices. Quick question though - for the SSN/EIN collection, when exactly should you be getting that info from contractors? I have a few people I paid over $600 but I never asked for their tax ID numbers upfront. Is it too late to request that now, or is there a proper way to handle this situation?

0 coins

Zoe Stavros

•

@Anastasia Fedorov It s'definitely not too late to request their tax ID information! You should reach out to them as soon as possible though, since you ll'need it to file the 1099s properly. The best practice is to collect this info upfront using Form W-9, which requests their name, address, and taxpayer identification number. But since you didn t'do that initially, just contact each contractor directly and explain that you need their SSN or EIN for tax reporting purposes. Most contractors are familiar with this requirement and will provide it without issue. If a contractor refuses to provide their tax ID or you can t'reach them, you can still file the 1099 with REFUSED "or" UNAVAILABLE "in" the TIN field, but you might face backup withholding requirements for future payments to them. The IRS has specific procedures for this situation. For next year, definitely get that W-9 before you make the first payment to any contractor. It saves so much headache later! You can download the form directly from the IRS website.

0 coins

Ellie Simpson

•

I'll add my perspective as someone who learned this lesson the hard way. A few years back, I had a similar mindset - figured I'd just skip the 1099s since I was tracking everything properly in my books anyway. Big mistake! What I didn't realize is that the IRS has gotten really sophisticated with their matching systems. When they see significant contractor expenses on your Schedule C but no corresponding 1099-NEC forms in their system, it creates what they call an "information document matching" discrepancy. This basically puts your return on a list for potential review. I ended up getting a CP2000 notice (basically a soft audit) about 18 months later. Had to provide bank statements, contracts, and invoices to prove all my contractor payments were legitimate business expenses. Even though everything was legal and properly documented, it was still a huge headache and cost me money in accounting fees to respond properly. The worst part? The penalties for not filing the 1099s ended up being more than what it would have cost me to just hire someone to handle the paperwork in the first place. Now I always tell other small business owners - just bite the bullet and file them. It's way less stressful than dealing with IRS notices later. For your international contractor situation, definitely look into the 1042-S requirements. Those have different rules and the penalties can be even steeper if you mess them up.

0 coins

Thanks for sharing your real experience with this - it's exactly the kind of wake-up call I needed! The CP2000 notice sounds like a nightmare. Can I ask roughly how much you ended up paying in penalties and accounting fees? I'm trying to weigh the cost of just getting help with the 1099s now versus potentially dealing with something like that later. Also, when you mention hiring someone to handle the paperwork, did you end up going with a CPA or one of those online services? I'm a total newbie at this and honestly don't even know where to start looking for help.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today