Nonemployee Compensation
E-file 1099-NEC for contractors and non-employees paid $2,000 or more during the 2026 tax year. TaxFormHero offers bulk import from Excel, secure IRS transmission, and a filing deadline of February 1, 2027. E-filing starts from $1.99 a form with no signup fee or ongoing subscription requirements.
Tax year 2026 changes
Paying someone for services they performed for your business? 1099‑NEC. Rent, prizes, royalties, or gross proceeds paid to an attorney? 1099‑MISC. Either way the 1099‑NEC is due to the IRS and to the recipient by February 1, 2027. The full rules are in the IRS instructions for Form 1099‑NEC.
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Kept for 4 years| Payments made in | General Form 1099-NEC threshold | E-file deadline |
|---|---|---|
| 2026 | $2,000 or more | February 1, 2027 First year of the OBBBA threshold |
| 2025 | $600 or more | February 2, 2026 The $600 rule, unchanged since 1954 |
| 2024 and earlier | Generally $600 or more | Check the deadline for that tax year Filing late or amending an older year |
Form 1099-NEC is generally due January 31. When January 31 falls on a Saturday, Sunday, or applicable legal holiday, the deadline moves to the next business day. That's why the 2026 and 2025 filing deadlines above are February 1, 2027, and February 2, 2026, respectively.
Source: IRS, Instructions for Forms 1099-MISC and 1099-NEC (2026)
Form 1099-NEC reports what a business paid a nonemployee for work they performed, and the form tells both the recipient and the IRS the same figure at the same time. A nonemployee is not only a person: freelancers, independent contractors, consultants and self-employed workers of every description belong here, and so do partnerships and estates, and in some cases corporations.
It is a report of payments made, not a bill and not a tax return. Nothing is calculated on it and no tax is paid with it. The recipient uses it to check their own records; the IRS uses it to match what a business says it paid against what the recipient says they earned.
What it does NOT cover is the part that catches people out. It is not for employees, who get a W-2. It is not for goods, freight, storage or merchandise. It is not for rent, prizes, royalties or gross proceeds paid to an attorney, which belong on Form 1099-MISC. And it is generally not for payments to corporations, with legal fees the notable exception.
A business generally must file Form 1099-NEC when, in the course of its trade or business, it pays a nonemployee $2,000 or more for services during the 2026 calendar year. This can include payments for services to individuals, partnerships, estates, and, in some cases, corporations.
Payments to corporations are generally exempt from Form 1099-NEC reporting. One important exception is legal services: attorneys' fees of $2,000 or more paid in the course of your trade or business are reported in Box 1a of Form 1099-NEC even when the law firm is incorporated.
Gross proceeds paid to an attorney are different from fees paid for the attorney's services. For example, settlement proceeds paid through an attorney are reported under the separate Form 1099-MISC rules rather than as nonemployee compensation on Form 1099-NEC. For 2026, consult the current Form 1099-MISC instructions for the applicable Box 10 reporting requirements.
Contractors must report all taxable business income, even if they do not receive a Form 1099-NEC.
Box 1 has four fields for tax year 2026: 1a for total nonemployee compensation, 1b for cash tips, 1c for the Treasury Tipped Occupation Code, and 1d for qualified overtime compensation. Box 1a still carries the whole amount. Cash tips and qualified overtime are included in that 1a total and then identified again in 1b and 1d, so those amounts are reported twice rather than taken out of 1a. A lump sum in 1a on its own is no longer a complete return for a payee who received either.
Box 1c is the one to watch, because it is the only field in the group that does not take money. It holds a code identifying the occupation the tips were earned in, up to two of them. A common error to avoid is entering a dollar amount in Box 1c, which requires an occupation code.
Box 2 is a checkbox rather than an amount: tick it for direct sales of $5,000 or more of consumer products for resale. Box 3 now carries excess golden parachute payments, which used to sit on the 1099-MISC. Box 4 is federal income tax withheld, and if it is not zero the form must be filed however small the payment was. Boxes 5 through 7 are state information.
Every one of these has to be right before the return goes anywhere. A return the IRS accepts with the wrong name or number still produces a notice months later.
The dividing line is simple once stated: the 1099-NEC is for services performed for your business by someone who is not an employee. Most of what used to share the old combined form is on the 1099-MISC.
A designer, a contractor, a consultant or a freelance writer is a 1099-NEC. Rent paid to a landlord, prizes and awards, royalties, medical and health care payments, and gross proceeds paid to an attorney are 1099-MISC. Attorneys are the case worth remembering: fees for legal services go on the NEC, while gross proceeds from a settlement go on the MISC, and the same firm can generate both in one year.
The deadlines differ too, which is the practical reason to get this right rather than the theoretical one. The 1099-NEC is due to the IRS and to the recipient on the same early date; the 1099-MISC gives you until the end of March to e-file.
A business that files 10 or more information returns in aggregate must file them electronically. The count is every information return type added together rather than per form, so six 1099-NECs and five 1099-MISCs put you over the line even though neither form reaches ten on its own. The rule applies to returns required to be filed on or after January 1, 2024.
Everything else that changed this year - the higher reporting threshold, the new Box 1a through 1d fields, and excess golden parachute payments moving to Box 3 - is summarised at the top of this page and set out in full on our tax year 2026 changes page.
Corrections come in two shapes and the IRS treats them differently. A wrong amount, a wrong box, or a return filed that should not have been, is a Type 1: file one corrected return carrying the right figures with the CORRECTED box ticked.
A wrong taxpayer identification number or a wrong payee name is a Type 2, and it takes two returns rather than one. The first voids the original by repeating the wrong identifying information with zero amounts; the second files the return as it should have been. Doing only half of that leaves the original standing.
Correct as soon as you find the error. The penalty tiers below are measured from the original due date, so a correction filed within 30 days costs a fraction of the same correction filed in September.
Two separate penalties apply, and both can be charged on the same form: one for filing late or wrong with the IRS, one for getting the recipient copy late or wrong. The amounts below are those for returns required to be filed in 2026. They are adjusted for inflation each year by revenue procedure, so a 2027 filing will carry slightly higher figures.
| Box | What goes in it | Most common error |
|---|---|---|
| 1a | Total nonemployee compensation — a dollar amount, including anything also shown in 1b and 1d | Tips or qualified overtime left out of the 1a total |
| 1b | Cash tips included in box 1a — a dollar amount | Left blank when tips were paid |
| 1c | Treasury Tipped Occupation Code — a code, not an amount. Up to two | A dollar figure entered where a code belongs |
| 1d | Qualified overtime compensation included in box 1a — a dollar amount | Left blank when overtime was paid |
| 2 | Direct sales of $5,000 or more for resale — a checkbox | An amount entered instead of a tick |
| 3 | Excess golden parachute payments | Still reported on the 1099-MISC |
| 4 | Federal income tax withheld (backup withholding) | Form not filed because the payment was under the threshold — if box 4 is not zero, file regardless |
| 5–7 | State tax withheld, state identification number, state income | State number omitted, which is what most state rejections are |
Box 1 was a single figure until tax year 2026. A lump sum in 1a is no longer a complete return for anyone who received tips or overtime. Read the full box-by-box walkthrough.
| You paid for… | Form |
|---|---|
| Services from a contractor, freelancer or consultant | 1099-NEC |
| Fees for legal services | 1099-NEC |
| Rent | 1099-MISC |
| Prizes and awards | 1099-MISC |
| Royalties | 1099-MISC |
| Medical and health care payments | 1099-MISC |
| Gross proceeds paid to an attorney from a settlement | 1099-MISC |
| Goods, freight, storage or merchandise | Neither — not reportable |
| Wages to an employee | Neither — Form W-2 |
Attorneys are the case worth remembering: fees for legal services go on the NEC, gross proceeds from a settlement go on the MISC, and one firm can generate both in a year. The deadlines differ as well — the 1099‑NEC is due to the IRS and the recipient on the same early date, while the 1099‑MISC gives you until the end of March to e-file.
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1099, 1098, W-2G, 5498 forms share this tier table. Volume tiers are counted per form type within a filing, so a large batch of 1099-NEC reaches the cheapest band on its own.
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Filing 10 or more information returns in aggregate means e-filing is required, so the e-file date is the one that applies to most filers.
Reviewed by Nazrul Huda, MSA, IRS PTIN Holder · last reviewed
Sources: IRS, Instructions for Forms 1099-MISC and 1099-NEC (Rev. 12/2026) · IRS, General Instructions for Certain Information Returns
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