Video by The Resourceful CEO provides details on what leads to penalties related to 1099s including penalties for not filing, late filing and filing incorrect 1099s. Includes background and due dates.
2. Introduction
Companies must file 1099s by deadlines.
Penalties for nonfiling or late filings can be harsh.
Harsher for deliberate nonfiling.
Harsher for larger corporations than small businesses.
However, due to size, penalties have high impact on small
companies.
Best way to avoid penalties? File correct Form1099s by due dates.
http://www.Cash4Impact.com/1099-guide
4. Filing Dates
Companies must mail out nearly all 1099s by
January 31.
Includes Form 1099-MISC.
Lone exception: Form 1099-C. Mailing
date for this form: February 15.
Companies must file 1099s with the IRS:
By February 28 if filing by paper.
By March 31 if e-filing.
http://www.Cash4Impact.com/1099-guide
5. Errors / Omissions That Lead to Penalties
The IRS levies penalties for various 1099 infractions:
Late filing
Failure to include required information
Providing incorrect information
Neglecting to report a TIN
Filing an incorrect TIN
Paper forms not machine readable
http://www.Cash4Impact.com/1099-guide
6. Penalty - Amounts
IRS penalty assessment amount based on filing date of correct
1099.
File within 30 days of due
date:
Penalty is $30 per incorrect / missing
1099.
Maximum penalty for small
businesses - $75,000 per year.
File after 30 days but by
August 1:
Penalty is $60 per incorrect / missing
1099.
Maximum penalty for small
businesses - $200,000 per year.
File after August 1 or never
file:
• Penalty is $100 per incorrect /
missing1099.
• Maximum penalty for small
businesses - $500,000 per year.
http://www.Cash4Impact.com/1099-guide
7. Classification and Minor Errors
IRS small business classification:
Business generated <=$5 million in
average annual sales over the prior
three tax years.
In general, the IRS can process minor errors and
omissions.
Minor errors and omissions do not count as a failure.
IRS perspective: If your business operates responsibly
and acts to comply, your firm can claim it acted in good
faith.
Avoid penalties.
http://www.Cash4Impact.com/1099-guide
8. Exception to Failure to
File Penalties
Don’t sweat it! You
still have options!
Cannot demonstrate reasonable
cause?
IRS may exempt the greater of ten
1099s or 1/2 percent of the total
1099s you must file.
Must have filed the 1099s but omitted all
the required information or had incorrect
information.
Must file corrections by August 1.
http://www.Cash4Impact.com/1099-guide
9. Unintentional Mistake Treatment/Example
Unintentional Mistakes
No penalty if you
demonstrate that error or
omission was due to a
reasonable cause, not
intentional neglect.
Simple forgetfulness - not
a good reason.
Must show omission was
due to unforeseen events /
mitigating factors.
Must provide an
explanation or supporting
documentation.
Example
When you realize you
forgot a 1099, send it
ASAP.
If missed paper filing
deadline, file electronically.
You mistakenly thought a
company was a
corporation and therefore
not 1099 eligible.
Document this reason.
You thought you paid a
contractor $500 but paid
$700, document this.
http://www.Cash4Impact.com/1099-guide
10. References
For more information and additional videos,
visit Cash for Impact:
http://www.Cash4Impact.com/1099-guide
IRS: General Instructions for Certain Information
Returns [http://www.irs.gov/pub/irs-pdf/i1099gi.pdf]