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

When are 1099s due in 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

Small business owners or employers need to prepare and file the applicable 1099s to the IRS before the 1099 deadlines otherwise heavy penalties for late submissions or incorrect 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.


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, 1099-INT, 1099-S, 1099-R, and 1099-DIV.

Penalties for Late Filing

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

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 file 1099s with ease and accuracy.  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.