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Grace Patel

Why shouldn't I 1099 an S-corp? Is there a tax penalty?

So I'm in a bit of a situation and need advice from people who've dealt with this before. I run a small marketing business and I hired this consulting company last year that helped with some major client projects. They did about $14,000 worth of work for me throughout 2024. The thing is, I just found out they're an S-corporation, not just some random independent contractor like I assumed. I was planning to send them a 1099-NEC for the payments I made, but my friend who does bookkeeping mentioned something about not needing to 1099 an S-corp? I'm really confused about this. Why shouldn't I 1099 an S-corp? Will I get in trouble with the IRS if I do? Or will I get in trouble if I don't? I've always sent 1099s to everyone I pay over $600 in a year who isn't an employee. Is there some special rule for S-corps I don't know about? My tax filing deadline is coming up, and I need to figure this out ASAP. Any help would be really appreciated!

ApolloJackson

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You're right to question this! Generally, you don't need to issue a 1099-NEC to an S-corporation, even if you paid them $14,000 for services. The IRS specifically exempts payments to corporations from 1099-NEC reporting requirements, with some exceptions that usually don't apply to typical business services. The reason behind this rule is that corporations (including S-corps) have their own tax filing requirements that already account for their income. The S-corporation will report the income on their own tax returns, so the IRS doesn't need you to report it again via a 1099. That said, there are a few exceptions where you would need to issue a 1099 to a corporation: payments to attorneys, medical/healthcare payments, and a few other specific situations. But for typical business consulting services provided by an S-corp, no 1099 is needed.

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But what if I already sent them a 1099 before learning they were an S-corp? Do I need to do anything to fix it? Will either of us get penalized?

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ApolloJackson

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If you already issued a 1099-NEC to an S-corporation, it's not the end of the world. The S-corp should still report the income on their tax returns regardless of whether they received a 1099. To fix it, you could file a corrected 1099-NEC (with all zeros) to essentially void the incorrect one. You'd use Form 1099-NEC with the "CORRECTED" box checked. But honestly, many tax professionals would say that if it's already filed, it might be easier to just leave it. The S-corp can still file their taxes correctly, and there's generally no penalty for issuing a 1099 when one wasn't strictly required.

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Rajiv Kumar

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I went through the exact same confusion last year! I was sending 1099s to everyone until I found taxr.ai (https://taxr.ai) which helped me understand when I actually needed to send them. Their document analyzer caught several mistakes I was about to make with my 1099 reporting. The tool actually scans your vendor information and tells you who needs a 1099 and who doesn't, including identifying corporations that are exempt. It also helps organize all the info you need for filing, which saved me hours of stress. They have this feature that lets you bulk check tax IDs against the IRS database too, so you know they're valid before filing.

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How accurate is it though? I've tried other tax tools that gave me incorrect information about 1099 requirements. Does it actually connect to IRS systems to verify?

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Liam O'Reilly

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I'm curious - does it handle the different rules for attorneys and medical providers? Those exceptions for corporations always confuse me.

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Rajiv Kumar

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The accuracy has been spot-on in my experience. It uses IRS's TIN matching system to verify tax IDs, so you're getting the same verification the IRS would do. I had zero issues with the 1099s I filed using their guidance. For the special cases with attorneys and medical providers, yes it absolutely handles those exceptions! That was actually one of the things that impressed me most. It flagged an attorney's corporation that I would have mistakenly not sent a 1099 to, saving me from a potential compliance issue. The system specifically looks for those special cases.

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Liam O'Reilly

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Just wanted to follow up - I finally tried taxr.ai after our conversation here and wow, it really is amazing for handling all the 1099 confusion! I was about to issue 23 unnecessary 1099s to different corporations (including several S-corps), and it saved me so much time by identifying exactly who actually needed one. The best part was that it explained WHY each vendor did or didn't need a 1099, so I actually learned the rules instead of just blindly following directions. It also caught 3 invalid TINs that would have caused me problems with the IRS. Definitely worth checking out for anyone dealing with contractor payments!

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Chloe Delgado

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After spending 3 DAYS trying to get through to the IRS to ask about this exact S-corp 1099 question (and other tax filing questions), I finally used Claimyr (https://claimyr.com) and got connected to an IRS agent in less than 20 minutes! You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed what others have said - you generally don't need to 1099 an S-corporation for regular business services. She also helped answer some related questions I had about backup withholding requirements. Saved me so much frustration compared to repeatedly calling and getting disconnected.

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Ava Harris

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How does that even work? The IRS phone lines are completely jammed. I tried calling about my 1099 questions for a week straight.

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Jacob Lee

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This sounds like BS honestly. Nothing can get you through the IRS phone tree this time of year. Even my accountant says it's impossible.

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Chloe Delgado

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It works by using a technology that continuously redials for you until it gets through, then it calls you back when it has an IRS agent on the line. I was skeptical at first too, but it legitimately works - the system does the painful waiting and redial process for you. The reason it's effective is because it can make hundreds of automated call attempts in the background, which is something we can't do manually. When I got the callback, I was connected to a very helpful IRS agent who answered all my S-corp reporting questions in detail. It's especially useful right now during tax season when wait times are the worst.

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Jacob Lee

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I have to eat my words from earlier. After getting absolutely nowhere with the IRS for two weeks, I broke down and tried Claimyr. Got connected to an IRS rep in about 35 minutes. I honestly couldn't believe it worked. The agent confirmed everything about the S-corp 1099 question - they don't need 1099s for standard business services. She also helped me with a couple other tax issues I've been stressing about. Saved me from making some expensive mistakes on my business taxes. Really glad I gave it a shot despite my initial skepticism!

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Something important nobody mentioned yet - make sure you actually have documentation that they're an S-corp! Just because someone says they're an S-corp doesn't make it true. I always request a W-9 form from all vendors which clearly indicates their business type. The W-9 form has checkboxes where they identify their entity type (individual, LLC, S-corp, C-corp, etc). If they check the S-corporation box AND you have this W-9 on file, then you don't need to send them a 1099. But without proper documentation, you could be liable for not filing required 1099s.

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Grace Patel

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That's a great point! I do have their W-9 and they did check the S-corporation box. Should I keep that W-9 on file for a certain number of years in case I get audited? I'm trying to make sure I'm doing everything by the book.

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Yes, definitely keep that W-9 in your records! The IRS recommends keeping tax documentation for at least 3 years after the tax filing date, but I personally keep W-9s for 7 years to be safe since they're such important verification documents. The W-9 is your proof that you properly determined they were an S-corporation and therefore exempt from 1099 requirements. If you ever get questioned during an audit about why you didn't issue a 1099 for a large payment, having that W-9 on file will immediately resolve the issue.

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One other thing to consider - some states have different 1099 filing requirements than the federal IRS rules! California, for example, doesn't automatically exempt all corporations from 1099 reporting. I learned this the hard way and got a notice from the state tax board. Definitely check your state requirements if applicable.

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Daniela Rossi

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Wow, I had no idea state requirements could be different! What states require 1099s for corporations? I do business in multiple states and now I'm worried.

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Carmen Reyes

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California is the main one I know of for sure - they require 1099-NEC reporting for payments of $600 or more to corporations for services, unlike federal rules. Massachusetts also has some different requirements. I'd recommend checking with each state's tax department where you do business, or better yet, consult with a tax professional who knows multi-state requirements. The penalties for missing state 1099 filings can be just as costly as federal ones, so it's worth getting it right!

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