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1099 and W2 Deadline Changes

Tax season and its many deadlines are right around the corner.  The first deadline is the information-reporting forms, and beginning in 2017, there are important deadline changes.  In prior years, both forms W2 and 1099 were due to the recipient on January 31, but not due to the IRS until March 31.  Congress has enacted new legislation closing this gap; both Forms 1099 and W2 will be due to the recipient and the IRS on January 31, 2017.

The filing penalties remain largely unchanged, and can be up to $250 for each late filing both to the recipient and to the IRS.  However, the IRS's ability to assess these penalties will significantly improve in 2017.  In previous years, barring audit, a 1099 filer was unlikely to receive a penalty as long as both recipient and IRS filings were completed by March 31—regardless of when the recipient actually received the 1099.  With these deadline changes, the IRS will have the ability to assess failure to file penalties both with the recipient and with the IRS after January 31.  This penalty could be as high as $500 per 1099 whether missed, incorrect, or late.

Given the stringent requirements this year, it is important to get a head start.  Looking at your prior year filings can be a great place to start.  Additionally, let's go over the basic process for 1099s.  First, look for payments of $600 or greater made for services (not goods) throughout the tax year that were done in connection with your trade or business.  Second, determine whether the business is incorporated.  Many corporations will include the acronym ‘Inc.’ in their title if they are incorporated.  You are not typically required to send a 1099 to corporations, however, there are two major exceptions to keep in mind. Payments for attorney or medical services must be sent a 1099 regardless of corporate status.  Third, if the business is not a corporation or cannot be determined, send the business a Form W9.

For further information on the information-reporting requirements, consult your tax advisor.

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