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Do LLCs Get 1099s?

Anyone can relate that filing taxes isn't exactly fun. And, if you're a sole proprietor operating an LLC, things grow even more complicated with questions like, “Do LLCs get 1099s? or which LLCs get 1099?”. Whether you work as a self-employed individual or own a small business, here is all you need to learn about the IRS 1099-MISC form, including when to file it and send it to a contractor.

All About LLCs and Form 1099-NEC

Keeping track of your organization's deductible expenses and submitting the appropriate tax forms for any workers, vendors, or contractors that provided goods or services to your company during the year are just two examples of the many moving parts of preparing tax returns. When paying suppliers, independent contractors, and subcontractors, businesses often use Form 1099, but what if these are LLCs? Do they get 1099? Here is all you need to know about LLCs and Form 1099.

LLCs and Form 1099-NEC

If you are wondering which LLCs get 1099, then you aren’t alone. Getting a 1099 can depend on your LLC’s tax status, which can vary significantly based on how you structure your LLC. Only LLCs that are taxed as partnerships or as single-member LLCs will get Form 1099-NEC; your LLC will not receive 1099 if it’s taxed as an S corporation.

Issuing Form 1099-NEC as a Business Owner

As a business owner, you may find yourself on both ends of the Form 1099 transaction: issuing and receiving. 

If you rent or buy services or goods from a vendor worth at least $600 for your business, you might need to file one. But when? The answer is when it's a sole proprietorship, a partnership, or a single membership.

It's important to note that determining whether or not a vendor is taxed as an S corporation is often a challenge when trying to issue a 1099-NEC to that vendor. Their company name consists solely of the letters "LLC." That’s why when requesting a Form W-9, you must inquire if they are taxed as an S corporation. If they are, IRS indicates that you do not need to file anything for them.

LLCs and Form 1099-MISC

Freelancers and small business owners use the 1099 MISC or 1099 tax form. Form 1099 was previously used to report income from sources other than employment, such as rent, where the payment amount was more than $600.

Now, the question is, “Should an LLC receive 1099?” Yes, if an LLC is a single-member LLC or partnership, it will receive Form 1099 if it receives an income of more than $600, but, as it has been pointed out earlier, if the LLC is taxed S corporation, it won’t receive a Form 1099. 

What Happens if You Don't File 1099 With the IRS

Imagine you are struggling to find an answer to your question, “Do LLCs get 1099s?” What happens if you forget to file a 1099-MISC or 1099-NEC while issuing a 1099 to a limited liability company or partnership? The IRS keeps a check on the tax you owe, so even if you made a genuine error, you should expect to be audited or sent a notice. This also applies if the amounts reported on your Forms 1099-MISC and 1099-NEC don't square with your records.

If your earnings were under-reported on your 1099, or you were unaware that you were required to submit a 1099-MISC, you will need to file a 1099 amendment on your personal tax return to account for this income.

What an LLC Means for Self-Employed Individuals

When it comes to what an LLC means for self-employed individuals and which LLCs get 1099, the answer is if an LLC is not taxed as an S company, it will receive a 1099-MISC form. In addition, LLC profits are liable to self-employment tax. Remember, if you register an LLC just for tax benefits, it may not be the right choice; the main advantage of an LLC is reduced legal liability. 

Finding every possible write-off is crucial whether you choose to maintain a sole proprietorship or pursue the legal protection of an LLC. It's the best approach to handle self-employment tax while keeping your spending in check.


When must my LLC file a Form 1099-NEC?

Each year, by January 31, you must create and file a 1099-NEC for the prior tax year.

What is the penalty for issuing a 1099 to a contractor who doesn't need one?

The IRS won't hold you accountable if you give a 1099 to a contractor or independent contractor who is not required to file one. This form is regarded as an "extra" by the IRS; therefore, it shouldn't impact your company's filings. A 1099 that is submitted after the deadline will incur a fine.

Is a limited liability company exempt from receiving a 1099?

If the other entity is taxed as a corporation, you are exempt from the requirement to submit a 1099-MISC to an LLC. Some businesses may issue 1099s to all of their independent contractors regardless of whether they are required to do so. If you've recruited and paid more than one or two LLCs in a given year, this might become a significant amount of extra labor. It is best to ask contractors directly and provide them with a W-9 to fill out. 

Ines Zemelman, EA
Founder of TFX