1099 Deadlines, Penalties & State Filing Requirements for 2022/2023

January 31, 2023, is the 1099 deadline applicable for Form 1099-NEC (Non-Employee Compensation). Copy A and B should be furnished to the IRS and contractors by January 31. The filing due date for other Forms 1099 & 1096 is February 28, 2023, if filed by paper, and March 31, 2023, if filed electronically.

As the year 2023 approaches, the 1099 deadlines will loom closer. Being a responsible employer, it’s important to prepare and issue 1099s to the recipients, and file them to IRS responsibly without any delay.

1099 Deadlines for 2022

Form 1099 Due Date to Recipients Filing to IRS By Mail E-Filing to IRS
1099 NEC January 31, 2023 January 31, 2023 January 31, 2023
1099-MISC
(No Data in Boxes 8 or 10)
January 31, 2023 February 28, 2023 March 31, 2023
1099-MISC
(With Data in Boxes 8 or 10)
February 15, 2023 February 28, 2023 March 31, 2023
1099-B & 1099-S February 15, 2023 February 28, 2023 March 31, 2023
1099-INT January 31, 2023 February 28, 2023 March 31, 2023
1099-DIV January 31, 2023 February 28, 2023 March 31, 2023
1099-R January 31, 2023 February 28, 2023 March 31, 2023

What is a 1099 Tax Form?

1099 tax form, referred to as “Information Returns” by IRS, should be sent by the company to the independent contractors if it paid more than $600 to them in the year 2022. Since there are many types of 1099 forms, the common forms are 1099-MISC, 1099-NEC (Newly Introduced) 1099-INT, 1099-S, 1099-R, and 1099-DIV.

It’s important for small business owners or employers to prepare and file the appropriate 1099s to the IRS before the 1099 deadlines otherwise heavy penalties for late submissions or wrong information will be imposed. The following table will help you to remember all the 1099 due dates for 2022 for sending tax forms to the contractors and for paper filing or e-filing them with the IRS.

Penalties for Late Filing

The penalties range from $50 – $580 per missed 1099 tax form, depending on how late the forms were submitted.

Penalty per Form Length of Delay
$50 Up to 30 days late
$110 More than 30 days late but before August 1st, 2023
$290 Filing on or after August 1st, 2023
$580 Intentionally neglecting to file

The maximum penalty is a total of $1,177,500* for small businesses. In all cases, the IRS considers you to be a small business if you’ve earned an average of $5 million or less in annual revenue for the past three tax years. Learn more here.

New State Filing Requirements

Combined State/Federal Program for 1099-series

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, South Carolina, Vermont, Virginia, Wisconsin.

States with no 1099-MISC filing requirement:

Alaska, Florida, Illinois, Nevada, New Hampshire, North Carolina, New York, South Dakota, Tennessee, Texas, Washington, Wyoming

States that require 1099-MISC filing, if you withheld:

Kentucky, Rhode Island, Utah, West Virginia

States that require a separate 1099-MISC filing or are unclear on their filing requirements:

Iowa, Massachusetts, Oklahoma, Oregon, Pennsylvania, Washington DC

We hope you will be feeling prepared, informed, and ready to file your 1099s. CheckMark’s 1099 tax software will help you in filing 1099s just like a breeze.  You can have either the 1099 Print or the 1099 E-file version depending on your requirement i.e. if you are filing 250 or more information returns for the calendar year, then e-fling is a must. Else, you can paper file to IRS for less than 250 information returns.

If you have any questions about the 1099 filing, you can reach us at any time. We’d be happy to help you out.

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