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                                                                                                  Department of the Treasury
                                                                                                  Internal Revenue Service
Instructions for Forms 

1099-MISC and 1099-NEC

(Rev. January 2024)
Miscellaneous Information and Nonemployee Compensation

Section references are to the Internal Revenue Code unless       Online fillable copies.   To ease statement furnishing 
otherwise noted.                                                 requirements, Copies B, 1, and 2 have been made fillable 
                                                                 online in a PDF format available at IRS.gov/Form1099MISC 
Future Developments                                              and IRS.gov/Form1099NEC. You can complete these copies 
For the latest information about developments related to         online for furnishing statements to recipients and for retaining 
Forms 1099-MISC and 1099-NEC and their instructions,             in your own files.
such as legislation enacted after they were published, go to 
IRS.gov/Form1099MISC or IRS.gov/Form1099NEC.                     Filing dates.  Section 6071(c) requires you to file Form 
                                                                 1099-NEC on or before January 31, using either paper or 
What’s New                                                       electronic filing procedures. File Form 1099-MISC by 
                                                                 February 28, if you file on paper, or March 31, if you file 
E-filing returns. The Taxpayer First Act of 2019 authorized      electronically.
the Department of the Treasury and the IRS to issue 
regulations that reduce the 250-return e-file threshold. TD 
9972, published February 23, 2023, lowered the e-file            Specific Instructions for Form 
threshold to 10 (calculated by aggregating all information       1099-MISC
returns), effective for information returns required to be filed 
                                                                 File Form 1099-MISC, Miscellaneous Information, for each 
on or after January 1, 2024. Go to IRS.gov/InfoReturn for        person in the course of your business to whom you have paid 
e-file options.                                                  the following during the year.
Reminders                                                        • At least $10 in royalties (see the instructions for box 2) or 
                                                                 broker payments in lieu of dividends or tax-exempt interest 
General instructions.   In addition to these specific            (see the instructions for box 8).
instructions, you should also use the current year General       • At least $600 in:
Instructions for Certain Information Returns. Those general        1. Rents (box 1);
instructions include information about the following topics.
• Who must file.                                                   2. Prizes and awards (box 3);
• When and where to file.                                          3. Other income payments (box 3);
• Electronic reporting.                                            4. Generally, the cash paid from a notional principal 
• Corrected and void returns.                                    contract to an individual, partnership, or estate (box 3);
• Statements to recipients.                                        5. Any fishing boat proceeds (box 5);
• Taxpayer identification numbers (TINs).
• Backup withholding.                                              6. Medical and health care payments (box 6);
• Penalties.                                                       7. Crop insurance proceeds (box 9);
• The definitions of terms applicable for the purposes of          8. Gross proceeds paid to an attorney (box 10) (see 
chapter 4 of the Internal Revenue Code that are referenced in    Payments to attorneys, later);
these instructions.
• Other general topics.                                            9. Section 409A deferrals (box 12); or
  You can get the general instructions from General                10.  Nonqualified deferred compensation (box 15).
Instructions for Certain Information Returns at IRS.gov/           You may either file Form 1099-MISC (box 7) or Form 
1099GeneralInstructions or go to IRS.gov/Form1099MISC or         1099-NEC (box 2) to report sales totaling $5,000 or more of 
IRS.gov/Form1099NEC.                                             consumer products to a person on a buy-sell, a 
Continuous-use form and instructions.       Form 1099-MISC,      deposit-commission, or other commission basis for resale.
Form 1099-NEC, and these instructions are continuous use.                If you use Form 1099-NEC to report sales totaling 
Both the forms and instructions will be updated as needed.         !     $5,000 or more, then you are required to file Form 
For the most recent version, go to IRS.gov/Form1099MISC or       CAUTION 1099-NEC with the IRS by January 31.
IRS.gov/Form1099NEC.
Form 1099-NEC, box 1.   Box 1 will not be used for reporting       You must also file Form 1099-MISC for each person from 
under section 6050R, regarding cash payments for the             whom you have withheld any federal income tax (report in 
purchase of fish for resale purposes.                            box 4) under the backup withholding rules regardless of the 
                                                                 amount of the payment.
Form 1099-NEC, box 2.   Payers may use either box 2 on 
Form 1099-NEC or box 7 on Form 1099-MISC to report any                   Be sure to report each payment in the proper box 
sales totaling $5,000 or more of consumer products for             !     because the IRS uses this information to determine 
resale, on a buy-sell, a deposit-commission, or any other        CAUTION whether the recipient has properly reported the 
basis. For further information, see the instructions, later, for payment.
box 2 (Form 1099-NEC) or box 7 (Form 1099-MISC).

Sep 15, 2023                                             Cat. No. 74614G



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Trade or business reporting only.    Report on Form                   Payments to corporations for legal services.       The 
1099-MISC only when payments are made in the course of              exemption from reporting payments made to corporations 
your trade or business. Personal payments are not                   does not apply to payments for legal services. Therefore, you 
reportable. You are engaged in a trade or business if you           must report attorneys' fees (in box 1 of Form 1099-NEC) or 
operate for gain or profit. However, nonprofit organizations        gross proceeds (in box 10 of Form 1099-MISC), as described 
are considered to be engaged in a trade or business and are         earlier, to corporations that provide legal services.
subject to these reporting requirements. Other organizations          Taxpayer identification numbers (TINs). To report 
subject to these reporting requirements include trusts of           payments to an attorney on Form 1099-MISC, you must 
qualified pension or profit-sharing plans of employers, certain     obtain the attorney's TIN. You may use Form W-9 to obtain 
organizations exempt from tax under section 501(c) or (d),          the attorney's TIN. An attorney is required to promptly supply 
farmers' cooperatives that are exempt from tax under section        its TIN whether it is a corporation or other entity, but the 
521, and widely held fixed investment trusts. Payments by           attorney is not required to certify its TIN. If the attorney fails to 
federal, state, or local government agencies are also               provide its TIN, the attorney may be subject to a penalty 
reportable.                                                         under section 6723 and its regulations, and you must backup 
                                                                    withhold on the reportable payments.
Reportable payments to corporations.     The following 
payments made to corporations must generally be reported            Deceased employee's wages.      When an employee dies 
on Form 1099-MISC.                                                  during the year, you must report the accrued wages, vacation 
•  Cash payments for the purchase of fish for resale reported       pay, and other compensation paid after the date of death. If 
in box 11.                                                          you made the payment in the same year the employee died, 
•  Medical and health care payments reported in box 6.              you must withhold social security and Medicare taxes on the 
•  Substitute payments in lieu of dividends or tax-exempt           payment and report them only as social security and 
interest reported in box 8.                                         Medicare wages on the employee's Form W-2 to ensure that 
•  Gross proceeds paid to an attorney reported in box 10.           proper social security and Medicare credit is received. On the 
                                                                    Form W-2, show the payment as social security wages 
Payments to attorneys.    The term “attorney” includes a law        (box 3) and Medicare wages and tips (box 5) and the social 
firm or other provider of legal services. Attorneys' fees of        security and Medicare taxes withheld in boxes 4 and 6; do 
$600 or more paid in the course of your trade or business are       not show the payment in box 1 of Form W-2.
reportable in box 1 of Form 1099-NEC, under section 
6041A(a)(1).                                                          If you made the payment after the year of death, do not 
                                                                    report it on Form W-2 and do not withhold social security and 
  Gross proceeds paid to attorneys.     Under section 
                                                                    Medicare taxes.
6045(f), report in box 10 payments that:
•  Are made to an attorney in the course of your trade or             Whether the payment is made in the year of death or after 
business in connection with legal services, but not for the         the year of death, you must also report the payment to the 
attorney’s services, for example, as in a settlement                estate or beneficiary on Form 1099-MISC. Report the 
agreement;                                                          payment in box 3 (rather than as nonemployee 
•  Total $600 or more; and                                          compensation). See the Example that follows. Enter the 
•  Are not reportable by you in box 1 of Form 1099-NEC.             name and TIN of the payment recipient on Form 1099-MISC. 
                                                                    For example, if the recipient is an individual beneficiary, enter 
   Generally, you are not required to report the claimant's 
                                                                    the name and social security number of the individual; if the 
attorney's fees. For example, an insurance company pays a 
                                                                    recipient is the estate, enter the name and employer 
claimant's attorney $100,000 to settle a claim. The insurance 
                                                                    identification number of the estate. The general backup 
company reports the payment as gross proceeds of 
                                                                    withholding rules apply to this payment.
$100,000 in box 10. However, the insurance company does 
not have a reporting requirement for the claimant's attorney's        Death benefits from nonqualified deferred compensation 
fees subsequently paid from these funds.                            plans or section 457 plans paid to the estate or beneficiary of 
                                                                    a deceased employee are reportable on Form 1099-MISC. 
   These rules apply whether or not:
                                                                    Do not report these death benefits on Form 1099-R. 
•  The legal services are provided to the payer;
                                                                    However, if the benefits are from a qualified plan, report them 
•  The attorney is the exclusive payee (for example, the 
                                                                    on Form 1099-R. See the Instructions for Forms 1099-R and 
attorney's and claimant's names are on one check); or
•  Other information returns are required for some or all of a      5498.
payment under another section of the Code, such as section            Example.    Before Bailey's death on June 15, 2022, Bailey 
6041.                                                               was employed and Bailey received $10,000 in wages on 
   For example, a person who, in the course of a trade or           which federal income tax of $1,500 was withheld. When 
business, pays $600 of taxable damages to a claimant by             Bailey died, Bailey’s employer owed Bailey $2,000 in wages 
paying that amount to a claimant's attorney is required to:         and $1,000 in accrued vacation pay. The total of $3,000 (less 
•  Furnish Form 1099-MISC to the claimant, reporting                the social security and Medicare taxes withheld) was paid to 
damages pursuant to section 6041, generally in box 3; and           Bailey's estate on July 20, 2022. Because Bailey’s employer 
•  Furnish Form 1099-MISC to the claimant’s attorney,               made the payment during the year of death, Bailey’s 
reporting gross proceeds paid pursuant to section 6045(f) in        employer must withhold social security and Medicare taxes 
box 10.                                                             on the $3,000 payment and must complete Form W-2 as 
                                                                    follows.
   For more examples and exceptions relating to payments to         • Box 1—10000.00 (does not include the $3,000 accrued 
attorneys, see Regulations section 1.6045-5.                        wages and vacation pay).
   However, these rules do not apply to wages paid to               • Box 2—1500.00.
attorneys that are reportable on Form W-2, Wage and Tax             • Box 3—13000.00 (includes the $3,000 accrued wages and 
Statement, or to profits distributed by a partnership to its        vacation pay).
partners that are reportable on Schedule K-1 (Form 1065).           • Box 4—806.00 (social security tax withheld).

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• Box 5—13000.00 (includes the $3,000 accrued wages and             • Wages paid to employees (report on Form W-2).
vacation pay).                                                      • Military differential wage payments made to employees 
• Box 6—188.50 (Medicare tax withheld).                             while they are on active duty in the U.S. Armed Forces or 
  Bailey’s employer must also complete Form 1099-MISC as            other uniformed services (report on Form W-2).
follows.                                                            • Business travel allowances paid to employees (may be 
• Boxes for recipient's name, address, and TIN—The                  reportable on Form W-2).
estate’s or beneficiary's name, address, and TIN.                   • Cost of current life insurance protection (report on Form 
• Box 3—3000.00 (Even though amounts were withheld for              W-2 or Form 1099-R).
social security and Medicare taxes, the gross amount is             • Payments to a tax-exempt organization including 
reported here.)                                                     tax-exempt trusts (IRAs, HSAs, Archer MSAs, Coverdell 
                                                                    ESAs, and ABLE (529A) accounts), the United States, a 
  If Bailey’s employer made the payment after the year of           state, the District of Columbia, a U.S. territory, or a foreign 
death, the $3,000 would not be subject to social security and       government.
Medicare taxes and would not be shown on Form W-2.                    Payments made to or for homeowners from the HFA 
                                                                    •
However, Bailey’employer would still file Form 1099-MISC.           Hardest Hit Fund or similar state program (report on Form 
Payments made on behalf of another person.          For             1098-MA).
payments reportable under section 6041, if you make a               • Compensation for injuries or sickness by the Department 
payment on behalf of another person who is the source of the        of Justice as a public safety officer (PSO) disability or 
funds, you may be responsible for filing Form 1099-MISC.            survivor's benefit, or under a state program that provides 
You are the payor for information reporting purposes if you         benefits for surviving dependents of a PSO who has died as 
perform management or oversight functions in connection             the direct and proximate result of a personal injury sustained 
with the payment, or have a significant economic interest in        in the line of duty.
the payment (such as a lien). For example, a bank that              • Compensation for wrongful incarceration for any criminal 
provides financing to a real estate developer for a                 offense for which there was a conviction under federal or 
construction project maintains an account from which it             state law. See section 139F, Certain amounts received by 
makes payments for services in connection with the project.         wrongfully incarcerated individuals.
The bank performs management and oversight functions                Form 1099-K.  Payments made with a credit card or payment 
over the payments and is responsible for filing information         card and certain other types of payments, including 
returns for payments of $600 or more paid to contractors. For       third-party network transactions, must be reported on Form 
more information, see Regulations section 1.6041-1(e).              1099-K by the payment settlement entity under section 
Indian gaming profits, payments to tribal members.        If        6050W and are not subject to reporting on Form 1099-MISC. 
you make payments to members of Indian tribes from the net          See the separate Instructions for Form 1099-K.
revenues of class II or class III gaming activities conducted or    Fees paid to informers. A payment to an informer as an 
licensed by the tribes, you must withhold federal income tax        award, fee, or reward for information about criminal activity 
on such payments. File Form 1099-MISC to report the                 does not have to be reported if the payment is made by a 
payments and withholding to tribal members. Report the              federal, state, or local government agency, or by a nonprofit 
payments in box 3 and the federal income tax withheld in            organization exempt from tax under section 501(c)(3) that 
box 4. Pub. 15-A contains the necessary Tables for                  makes the payment to further the charitable purpose of 
Withholding on Distributions of Indian Gaming Profits to Tribal     lessening the burdens of government. For more information, 
Members.                                                            see Regulations section 1.6041-3(l).
State or local sales taxes.   If state or local sales taxes are     Scholarships. Do not use Form 1099-MISC to report 
imposed on the service provider and you (as the buyer) pay          scholarship or fellowship grants. Scholarship or fellowship 
them to the service provider, report them on Form                   grants that are taxable to the recipient because they are paid 
1099-MISC as part of the reportable payment. However, if            for teaching, research, or other services as a condition for 
sales taxes are imposed on you (as the buyer) and collected         receiving the grant are considered wages and must be 
from you by the service provider, do not report the sales           reported on Form W-2. Other taxable scholarship or 
taxes on Form 1099-MISC.                                            fellowship payments (to a degree or nondegree candidate) 
                                                                    do not have to be reported to the IRS on any form, unless 
Exceptions
                                                                    section 6050S requires reporting of such amounts by an 
Some payments do not have to be reported on Form                    educational institution on Form 1098-T. See section 117(b)–
1099-MISC, although they may be taxable to the recipient.           (d) and Regulations section 1.6041-3(n) for more information.
Payments for which a Form 1099-MISC is not required 
include all of the following.                                       Canceled debt.      A canceled debt is not reportable on Form 
• Generally, payments to a corporation (including a limited         1099-MISC. Canceled debts reportable under section 6050P 
liability company (LLC) that is treated as a C or S                 must be reported on Form 1099-C. See the Instructions for 
corporation). However, see Reportable payments to                   Forms 1099-A and 1099-C.
corporations, earlier.                                              Employee business expense reimbursements.            Do not 
• Payments for merchandise, telegrams, telephone, freight,          use Form 1099-MISC to report employee business expense 
storage, and similar items.                                         reimbursements. Report payments made to employees under 
• Payments of rent to real estate agents or property                a nonaccountable plan as wages on Form W-2. Generally, 
managers. However, the real estate agent or property                payments made to employees under an accountable plan are 
manager must use Form 1099-MISC to report the rent paid             not reportable on Form W-2, except in certain cases when 
over to the property owner. See Regulations section                 you pay a per diem or mileage allowance. For more 
1.6041-3(d); Regulations section 1.6041-1(e)(5), Example 5;         information, see the General Instructions for Forms W-2 and 
and the instructions for box 1.                                     W-3, and Pub. 463. For information on reporting employee 

Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)           -3-



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moving expense reimbursements on Form W-2, see the                  Recipient's TIN
General Instructions for Forms W-2 and W-3.                         Enter the recipient's TIN using hyphens in the proper format. 
Widely held fixed investment trusts (WHFITs).     Trustees          SSNs, ITINs, and ATINs should be in the XXX-XX-XXXX 
and middlemen of WHFITs must report items of gross income           format. EINs should be in the XX-XXXXXXX format.
attributable to a trust income holder (TIH) on the appropriate              You should make every effort to ensure that you have 
Form 1099. A tax information statement that includes the              !     the correct type of number reported in the correct 
information provided to the IRS on Forms 1099, as well as           CAUTION format.
additional information identified in Regulations section 
1.671-5(e), must be furnished to TIHs. For details, see the 
current year General Instructions for Certain Information           Account Number
Returns.                                                            The account number is required if you have multiple accounts 
                                                                    for a recipient for whom you are filing more than one Form 
Statements to Recipients                                            1099-MISC. The account number is also required if you 
If you are required to file Form 1099-MISC, you must furnish a      check the “FATCA filing requirement” box. See Box 13, later. 
statement to the recipient. For more information about the          Additionally, the IRS encourages you to designate an account 
requirement to furnish a statement to each recipient, and           number for all Forms 1099-MISC that you file. See part L in 
truncation, see part M in the current year General Instructions     the current year General Instructions for Certain Information 
for Certain Information Returns.                                    Returns.

  You can furnish each recipient with a single payee                Box 1. Rents
statement reporting all Form 1099-MISC payment types. You 
are required to furnish the payee statements by January 31          Enter amounts of $600 or more for all types of rents, such as 
and file with the IRS by February 28 (March 31, if filing           any of the following.
electronically).                                                    • Real estate rentals paid for office space. However, you do 
                                                                    not have to report these payments on Form 1099-MISC if you 
Truncating recipient’s TIN on payee statements.                     paid them to a real estate agent or property manager. But the 
Pursuant to Regulations section 301.6109-4, all filers of this      real estate agent or property manager must use Form 
form may truncate a recipient’s TIN (social security number         1099-MISC to report the rent paid over to the property owner. 
(SSN), individual taxpayer identification number (ITIN),            See Regulations section 1.6041-3(d) and Regulations 
adoption taxpayer identification number (ATIN), or employer         section 1.6041-1(e)(5), Example 5.
identification number (EIN)) on payee statements. Truncation        • Machine rentals (for example, renting a bulldozer to level 
is not allowed on any documents the filer files with the IRS. A     your parking lot). If the machine rental is part of a contract 
payer's TIN may not be truncated on any form. See part J in         that includes both the use of the machine and the operator, 
the current year General Instructions for Certain Information       prorate the rental between the rent of the machine (report 
Returns.                                                            that in box 1) and the operator's charge (report that on Form 
                                                                    1099-NEC in box 1).
2nd TIN Not.                                                        • Pasture rentals (for example, farmers paying for the use of 
You may enter an “X” in this box if you were notified by the        grazing land).
IRS twice within 3 calendar years that the payee provided an 
incorrect TIN. If you mark this box, the IRS will not send you        Public housing agencies must report in box 1 rental 
any further notices about this account.                             assistance payments made to owners of housing projects. 
  However, if you received both IRS notices in the same             See Rev. Rul. 88-53, 1988-1 C.B. 384.
year, or if you received them in different years but they both        Coin-operated amusements. If an arrangement between 
related to information returns filed for the same year, do not      an owner of coin-operated amusements and an owner of a 
check the box at this time. For purposes of the                     business establishment where the amusements are placed is 
two-notices-in-3-years rule, you are considered to have             a lease of the amusements or the amusement space, the 
received one notice and you are not required to send a              owner of the amusements or the owner of the space, 
second “B” notice to the taxpayer on receipt of the second          whoever makes the payments, must report the lease 
notice. See part N in the current year General Instructions for     payments in box 1 of Form 1099-MISC if the payments total 
Certain Information Returns for more information.                   at least $600. However, if the arrangement is a joint venture, 
                                                                    the joint venture must file a Form 1065, U.S. Return of 
        For information on the TIN Matching System offered          Partnership Income, and provide each partner with the 
TIP     by the IRS, see the current year General Instructions       information necessary to report the partner's share of the 
        for Certain Information Returns.                            taxable income. Coin-operated amusements include video 
                                                                    games, pinball machines, jukeboxes, pool tables, slot 
Corrections to Form 1099-MISC                                       machines, and other machines and gaming devices operated 
If you need to correct a Form 1099-MISC that you have               by coins or tokens inserted into the machines by individual 
already sent to the IRS:                                            users. For more information, see Rev. Rul. 92-49, 1992-1 
• For paper forms, see part H in the current year General           C.B. 433.
Instructions for Certain Information Returns; or
• For electronic corrections, see Pub. 1220.                        Box 2. Royalties
                                                                    Enter gross royalty payments (or similar amounts) of $10 or 
        If you are filing a correction on a paper form, do not      more. Report royalties from oil, gas, or other mineral 
  !     check the VOID box on the form. A checked VOID              properties before reduction for severance and other taxes 
CAUTION box alerts IRS scanning equipment to ignore the form 
                                                                    that may have been withheld and paid. Do not include 
and proceed to the next one. Your correction will not be            surface royalties. They should be reported in box 1. Do not 
entered into IRS records if you check the VOID box.                 report oil or gas payments for a working interest in box 2; 

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report payments for working interests in box 1 of Form             b. The payments are received after termination of the 
1099-NEC. Do not report timber royalties made under a              salesperson's agreement to perform services for the 
pay-as-cut contract; report these timber royalties on Form         company.
1099-S.                                                            c. The salesperson did not perform any services for the 
  Use box 2 to report royalty payments from intangible             company after termination and before the end of the year.
property such as patents, copyrights, trade names, and             d. The salesperson enters into a covenant not to 
trademarks. Report the gross royalties (before reduction for       compete against the company for at least 1 year after the 
fees, commissions, or expenses) paid by a publisher directly       date of termination.
to an author or literary agent, unless the agent is a              e. The amount of the payments depends primarily on 
corporation. The literary agent (whether or not a corporation)     policies sold by the salesperson or credited to the 
that receives the royalty payment on behalf of the author          salesperson's account during the last year of the service 
must report the gross amount of royalty payments to the            agreement or to the extent those policies remain in force for 
author on Form 1099-MISC whether or not the publisher              some period after termination, or both.
reported the payment to the agent on its Form 1099-MISC.           f.  The amount of the payments does not depend at all on 
                                                                   length of service or overall earnings from the company 
Box 3. Other Income
                                                                   (regardless of whether eligibility for payment depends on 
Enter other income of $600 or more required to be reported         length of service).
on Form 1099-MISC that is not reportable in one of the other 
boxes on the form.                                                 If the termination payments do not meet all these 
                                                                   requirements, report them in box 1 of Form 1099-NEC.
  Also enter in box 3 prizes and awards that are not for           5. Generally, all punitive damages, any damages for 
services performed. Include the fair market value (FMV) of         nonphysical injuries or sickness, and any other taxable 
merchandise won on game shows. Also include amounts                damages. Report punitive damages even if they relate to 
paid to a winner of a sweepstakes not involving a wager. If a      physical injury or physical sickness. Generally, report all 
wager is made, report the winnings on Form W-2G.                   compensatory damages for nonphysical injuries or sickness, 
     If, not later than 60 days after the winner becomes           such as employment discrimination or defamation. However, 
TIP  entitled to the prize, the winner can choose the option       do not report damages (other than punitive damages):
     of a lump sum or an annuity payable over at least 10          a. Received on account of personal physical injuries or 
years, the payment of winnings is considered made when             physical sickness;
actually paid. If the winner chooses an annuity, file Form 
                                                                   b. That do not exceed the amount paid for medical care 
1099-MISC each year to report the annuity paid during that 
                                                                   for emotional distress;
year.
                                                                   c. Received on account of nonphysical injuries (for 
  Do not include wages, any bonuses, prizes, and awards            example, emotional distress) under a written binding 
paid to your employees. Report these on Form W-2. Do not           agreement, court decree, or mediation award in effect on or 
include in box 3 prizes and awards for services performed by       issued by September 13, 1995; or
nonemployees, such as an award for the top commission              d. That are for a replacement of capital, such as 
salesperson. Report them in box 1 of Form 1099-NEC.                damages paid to a buyer by a contractor who failed to 
                                                                   complete construction of a building.
  Prizes and awards received in recognition of past 
accomplishments in religious, charitable, scientific, artistic,    Damages received on account of emotional distress, 
educational, literary, or civic fields are not reportable if:      including physical symptoms such as insomnia, headaches, 
• The winners are chosen without action on their part,             and stomach disorders, are not considered received for a 
• The winners are not expected to perform future services,         physical injury or physical sickness and are reportable unless 
and                                                                described in item 5b or 5c above. However, damages 
• The payer transfers the prize or award to a charitable           received on account of emotional distress due to physical 
organization or governmental unit under a designation made         injuries or physical sickness are not reportable.
by the recipient. See Rev. Proc. 87-54, 1987-2 C.B. 669.           Also report liquidated damages received under the Age 
                                                                   Discrimination in Employment Act of 1967.
  Other items required to be reported in box 3 include the 
following.                                                                Taxable back pay damages may be wages and 
                                                                          reportable on Form W-2. See Pub. 957.
  1. Payments as explained earlier under Deceased                  TIP
employee's wages.
  2. Payments as explained earlier under Indian gaming             Foreign agricultural workers. Report in box 3 
profits, payments to tribal members.                               compensation of $600 or more paid in a calendar year to an 
  3. A payment or series of payments made to individuals           H-2A visa agricultural worker who did not give you a valid 
for participating in a medical research study or studies.          TIN. You must also withhold federal income tax under the 
                                                                   backup withholding rules. For more information, go to 
  4. Termination payments to former self-employed                  IRS.gov and enter “foreign agricultural workers” in the search 
insurance salespeople. These payments are not subject to           box.
self-employment tax and are reportable in box 3 (rather than 
box 1 of Form 1099-NEC) if all the following apply.                Account reported under FATCA.       If you are an foreign 
                                                                   financial institution (FFI) reporting pursuant to an election 
  a. The payments are received from an insurance                   described in Regulations section 1.1471-4(d)(5)(i)(A) a U.S. 
company because of services performed as an insurance              account required to be reported under chapter 4 to which 
salesperson for the company.                                       during the year you made no payments reportable on an 

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applicable Form 1099, enter zero in box 3. In addition, if you                Generally, payments made under a flexible spending 
are an FFI described in the preceding sentence and, during            !       arrangement (as defined in section 106(c)(2)) or a 
the year, you made payments to the account required to be             CAUTION health reimbursement arrangement, which is treated 
reported under chapter 4, but those payments are not                  as employer-provided coverage under an accident or health 
reportable on an applicable Form 1099 (for example,                   plan for purposes of section 106 are exempt from the 
because the payment is under the applicable reporting                 reporting requirements of section 6041.
threshold), you must report the account on this Form 
1099-MISC and enter zero in box 3.                                    Box 7. Payer Made Direct Sales Totaling $5,000 
Box 4. Federal Income Tax Withheld                                    or More
Enter backup withholding. For example, persons who have               Enter an “X” in the checkbox for sales by you totaling $5,000 
not furnished their TINs to you are subject to withholding on         or more of consumer products to a person on a buy-sell, 
payments required to be reported in boxes 1, 2 (net of                deposit-commission, or other commission basis for resale (by 
severance taxes), 3, 5 (only with respect to cash payments to         the buyer or any other person) anywhere other than in a 
crew members for their share of proceeds from the catch), 6,          permanent retail establishment. Do not enter a dollar amount 
8, 9, and 10. For more information on backup withholding,             in this box.
including the rate, see part N in the current year General            You may either use box 7 on Form 1099-MISC or box 2 on 
Instructions for Certain Information Returns.                         Form 1099-NEC to report the direct sales totaling $5,000 or 
Also enter any income tax withheld from payments to                   more. If you use Form 1099-NEC to report these sales, then 
members of Indian tribes from the net revenues of class II or         you are required to file the Form 1099-NEC with the IRS by 
class III gaming activities conducted or licensed by the tribes.      January 31.
                                                                              Report these sales on only one form.
Box 5. Fishing Boat Proceeds
If you are the operator of a fishing boat, enter the individual's     CAUTION!
share of all proceeds from the sale of a catch or the FMV of a 
distribution in kind to each crew member of fishing boats with        The report you must give to the recipient for these direct 
normally fewer than 10 crew members. A fishing boat has               sales need not be made on the official form. It may be in the 
normally fewer than 10 crew members if the average size of            form of a letter showing this information along with 
the operating crew was fewer than 10 on trips during the              commissions, prizes, awards, etc.
preceding 4 calendar quarters.
                                                                      Box 8. Substitute Payments in Lieu of Dividends 
In addition, report cash payments of up to $100 per trip              or Interest
that are contingent on a minimum catch and are paid solely            Enter aggregate payments of at least $10 of substitute 
for additional duties (such as mate, engineer, or cook) for           payments received by a broker for a customer in lieu of 
which additional cash payments are traditional in the industry.       dividends or tax-exempt interest as a result of a loan of a 
However, do not report on Form 1099-MISC any wages                    customer's securities. Substitute payment means a payment 
reportable on Form W-2.                                               in lieu of:
Box 6. Medical and Health Care Payments                               1. A dividend, or
Enter payments of $600 or more made in the course of your             2. Tax-exempt interest to the extent that interest 
trade or business to each physician or other supplier or              (including original issue discount) has accrued while the 
provider of medical or health care services. Include payments         securities were on a loan.
made by medical and health care insurers under health,                For this purpose, a customer includes an individual, trust, 
accident, and sickness insurance programs. If payment is              estate, partnership, association, company, or corporation. 
made to a corporation, list the corporation as the recipient          See Notice 2003-67, which is on page 752 of Internal 
rather than the individual providing the services. Payments to        Revenue Bulletin 2003-40 at IRS.gov/irb/
persons providing health care services often include charges          2003-40_IRB#NOT-2003-67. It does not include a tax-exempt 
for injections, drugs, dentures, and similar items. In these          organization, the United States, any state, the District of 
cases, the entire payment is subject to information reporting.        Columbia, a U.S. territory, or a foreign government. File Form 
You are not required to report payments to pharmacies for             1099-MISC with the IRS and furnish a copy to the customer 
prescription drugs.                                                   for whom you received the substitute payment.
The exemption from issuing Form 1099-MISC to a 
corporation does not apply to payments for medical or health          Box 9. Crop Insurance Proceeds
care services provided by corporations, including                     Enter crop insurance proceeds of $600 or more paid to 
professional corporations. However, you are not required to           farmers by insurance companies unless the farmer has 
report payments made to a tax-exempt hospital or extended             informed the insurance company that expenses have been 
care facility or to a hospital or extended care facility owned        capitalized under section 278, 263A, or 447.
and operated by the United States (or its territories), a state, 
the District of Columbia, or any of their political subdivisions,     Box 10. Gross Proceeds Paid to an Attorney
agencies, or instrumentalities.                                       Enter gross proceeds of $600 or more paid to an attorney in 
                                                                      connection with legal services (regardless of whether the 
                                                                      services are performed for the payer). See Payments to 
                                                                      attorneys, earlier.

                                                                  -6- Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)



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Box 11. Fish Purchased for Resale                                    for purposes of section 409A. For additional information, see 
If you are in the trade or business of purchasing fish for           Regulations sections 1.409A-1 through 1.409A-6; Notice 
resale, you must report total cash payments of $600 or more          2008-113, available at IRS.gov/irb/
paid during the year to any person who is engaged in the             2008-51_IRB#NOT-2008-113 Notice 2008-115;         ; Notice 
trade or business of catching fish. You are required to keep         2010-6, available at IRS.gov/irb/2010-03_IRB#NOT-2010-6; 
records showing the date and amount of each cash payment             and Notice 2010-80, available at IRS.gov/irb/
made during the year, but you must report only the total             2010-51_IRB#NOT-2010-80.
amount paid for the year on Form 1099-MISC.
                                                                     Boxes 16–18. State Information
"Fish" means all fish and other forms of aquatic life. "Cash"        These boxes may be used by payers who participate in the 
means U.S. and foreign coin and currency and a cashier's             Combined Federal/State Filing Program and/or who are 
check, bank draft, traveler's check, or money order. Cash            required to file paper copies of this form with a state tax 
does not include a check drawn on your personal or business          department. See Pub. 1220 for more information regarding 
account.                                                             the Combined Federal/State Filing Program. They are 
                                                                     provided for your convenience only and need not be 
Box 12. Section 409A Deferrals                                       completed for the IRS. Use the state information boxes to 
You do not have to complete this box. For details, see Notice        report payments for up to two states. Keep the information for 
2008-115, available at IRS.gov/irb/                                  each state separated by the dash line. If you withheld state 
2008-52_IRB#NOT-2008-115.                                            income tax on this payment, you may enter it in box 16. In 
If you complete this box, enter the total amount deferred            box 17, enter the abbreviated name of the state and the 
during the year of at least $600 for the nonemployee under all       payer's state identification number. The state number is the 
nonqualified plans. The deferrals during the year include            payer's identification number assigned by the individual state. 
earnings on the current year and prior year deferrals. For           In box 18, you may enter the amount of the state payment.
additional information, see Regulations sections 1.409A-1              If a state tax department requires that you send them a 
through 1.409A-6. See the instructions for box 15, later.            paper copy of this form, use Copy 1 to provide information to 
For deferrals and earnings under nonqualified deferred               the state tax department. Give Copy 2 to the recipient for use 
compensation (NQDC) plans for employees, see the General             in filing the recipient's state income tax return.
Instructions for Forms W-2 and W-3.
                                                                     Specific Instructions for Form 
Box 13. FATCA Filing Requirement Checkbox
Check this box if you are a U.S. payer that is reporting on          1099-NEC
Form(s) 1099 (including reporting payments on this Form              File Form 1099-NEC, Nonemployee Compensation, for each 
1099-MISC) as part of satisfying your requirement to report          person in the course of your business to whom you have paid 
with respect to a U.S. account for the purposes of chapter 4         the following during the year.
of the Internal Revenue Code, as described in Regulations            • At least $600 in:
section 1.1471-4(d)(2)(iii)(A). In addition, check the box if you      1. Services performed by someone who is not your 
are an FFI reporting payments to a U.S. account pursuant to          employee (including parts and materials) (box 1); or
an election described in Regulations section 1.1471-4(d)(5)            2. Payments to an attorney (box 1). (See Payments to 
(i)(A). Finally, check the box if you are an FFI making the          attorneys, later.)
election described in Regulations section 1.1471-4(d)(5)(i)
(A) and are reporting a U.S. account for chapter 4 purposes            File Form 1099-NEC or Form 1099-MISC to report sales 
to which you made no payments during the year that are               totaling $5,000 or more of consumer products to a person on 
reportable on any applicable Form 1099 (or are reporting a           a buy-sell, a deposit-commission, or other commission basis 
U.S. account to which you made payments during the year              for resale.
that do not reach the applicable reporting threshold for any                  If you use Form 1099-NEC to report sales totaling 
applicable Form 1099).                                                 !      $5,000 or more, then you are required to file Form 
                                                                     CAUTION  1099-NEC with the IRS by January 31.
Box 14. Excess Golden Parachute Payments
Enter any excess golden parachute payments. An excess                  You must also file Form 1099-NEC for each person from 
parachute payment is the amount over the base amount (the            whom you have withheld any federal income tax (report in 
average annual compensation for services includible in the           box 4) under the backup withholding rules regardless of the 
individual's gross income over the most recent 5 tax years).         amount of the payment.
See Q/A-38 through Q/A-44 of Regulations section 1.280G-1 
for how to compute the excess amount.                                         Be sure to report each payment in the proper box 
                                                                              because the IRS uses this information to determine 
See Golden parachute payments, later, for more                       CAUTION! whether the recipient has properly reported the 
information.                                                         payment.

Box 15. Nonqualified Deferred Compensation                           Trade or business reporting only.  Report on Form 
Enter all amounts deferred (including earnings on amounts            1099-NEC only when payments are made in the course of 
deferred) that are includible in income under section 409A           your trade or business. Personal payments are not 
because the NQDC plan fails to satisfy the requirements of           reportable. You are engaged in a trade or business if you 
section 409A. Do not include amounts properly reported on a          operate for gain or profit. However, nonprofit organizations 
Form 1099-MISC, corrected Form 1099-MISC, Form W-2, or               are considered to be engaged in a trade or business and are 
Form W-2c for a prior year. Also, do not include amounts that        subject to these reporting requirements. Other organizations 
are considered to be subject to a substantial risk of forfeiture     subject to these reporting requirements include trusts of 

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qualified pension or profit-sharing plans of employers, certain          excludable from the independent contractor's gross income 
organizations exempt from tax under section 501(c) or                    and are not reportable on Form 1099-NEC if their value in any 
501(d), farmers' cooperatives that are exempt from tax under             month is $21 or less. However, if the value of a pass provided 
section 521, and widely held fixed investment trusts.                    in a month is greater than $21, the full value is part of the 
Payments by federal, state, or local government agencies are             gross income and must be reported on Form 1099-NEC. The 
also reportable.                                                         value of parking may be excludable from an independent 
                                                                         contractor's gross income, and, therefore, not reportable on 
Reportable payments to corporations. The following 
                                                                         Form 1099-NEC if certain requirements are met. See 
payments made to corporations must generally be reported 
                                                                         Regulations section 1.132-9(b), Q/A-24.
on Form 1099-NEC.
• Attorneys' fees reported in box 1.                                     Directors' fees. You must report directors' fees and other 
• Payments by a federal executive agency for services                    remuneration, including payments made after retirement, on 
(vendors) reported in box 1.                                             Form 1099-NEC in the year paid. Report them in box 1.
         Federal executive agencies may also have to file                Commissions paid to lottery ticket sales agents.      A state 
  !      Form 8596, Information Return for Federal Contracts,            that has control over and responsibility for online and instant 
CAUTION  and Form 8596-A, Quarterly Transmittal of                       lottery games must file Form 1099-NEC to report 
Information Returns for Federal Contracts, if a contracted               commissions paid, whether directly or indirectly, to licensed 
amount for personal services is more than $25,000. See Rev.              sales agents. For example, State X retains control over and 
Rul. 2003-66, which is on page 1115 of Internal Revenue                  liability for online and instant lottery games. For online ticket 
Bulletin 2003-26 at IRS.gov/pub/irs-irbs/irb03-26.pdf for                sales, State X pays commissions by allowing an agent to 
details.                                                                 retain 5% of the ticket proceeds the agent remits to State X. 
                                                                         For instant ticket sales, State X pays commissions by 
Payments to attorneys.   The term “attorney” includes a law              providing tickets to the agent for 5% less than the proceeds 
firm or other provider of legal services. Attorneys' fees of             to be obtained by the agent from the sale of those tickets. If 
$600 or more paid in the course of your trade or business are            the commissions for the year total $600 or more, they must 
reportable in box 1 of Form 1099-NEC, under section                      be reported in box 1 of Form 1099-NEC. See Rev. Rul. 92-96, 
6041A(a)(1).                                                             1992-2 C.B. 281.
  Gross proceeds paid to attorneys.  Gross proceeds are                  Payments made on behalf of another person.          For 
not reportable by you in box 1 of Form 1099-NEC. See the                 payments reportable under section 6041, if you make a 
Form 1099-MISC, box 10, instructions, earlier.                           payment on behalf of another person who is the source of the 
  Payments to corporations for legal services.       The                 funds, you may be responsible for filing Form 1099-NEC. You 
exemption from reporting payments made to corporations                   are the payor for information reporting purposes if you 
does not apply to payments for legal services. Therefore, you            perform management or oversight functions in connection 
must report attorneys' fees (in box 1 of Form 1099-NEC) or               with the payment, or have a significant economic interest in 
gross proceeds (in box 10 of Form 1099-MISC) as described                the payment (such as a lien). For example, a bank that 
earlier to corporations that provide legal services.                     provides financing to a real estate developer for a 
  Taxpayer identification numbers (TINs).   To report                    construction project maintains an account from which it 
payments to an attorney on Form 1099-NEC, you must obtain                makes payments for services in connection with the project. 
the attorney's TIN. You may use Form W-9 to obtain the                   The bank performs management and oversight functions 
attorney's TIN. An attorney is required to promptly supply its           over the payments and is responsible for filing information 
TIN whether it is a corporation or other entity, but the attorney        returns for payments of $600 or more paid to contractors. For 
is not required to certify its TIN. If the attorney fails to provide     more information, see Regulations section 1.6041-1(e).
its TIN, the attorney may be subject to a penalty under 
section 6723 and its regulations, and you must backup                    Exceptions
withhold on the reportable payments.                                     Some payments do not have to be reported on Form 
Independent contractor or employee.  Generally, you                      1099-NEC, although they may be taxable to the recipient. 
must report payments to independent contractors on Form                  Payments for which a Form 1099-NEC is not required include 
1099-NEC in box 1. See the instructions for box 1.                       all of the following.
         Section 530 of the Revenue Act of 1978, as extended             • Generally, payments to a corporation (including a limited 
                                                                         liability company (LLC) that is treated as a C or S 
TIP      by section 269(c) of P.L. 97-248, deals with the 
                                                                         corporation). However, see Reportable payments to 
         employment tax status of independent contractors 
                                                                         corporations, earlier.
and employees. To qualify for relief under section 530, 
employers must file Form 1099-NEC. Additional requirements               • Payments for merchandise, telegrams, telephone, freight, 
                                                                         storage, and similar items.
for relief are discussed in Rev. Proc. 85-18, 1985-1 C.B. 518. 
Also see Pub. 15-A for special rules that may apply to                   • Payments of rent to real estate agents or property 
                                                                         managers. However, the real estate agent or property 
technical service specialists and test proctors and room 
                                                                         manager must use Form 1099-MISC to report the rent paid 
supervisors.
                                                                         over to the property owner. See Regulations section 
Transit passes and parking for independent contrac-                      1.6041-3(d); Regulations section 1.6041-1(e)(5), Example 5; 
tors. Although you cannot provide qualified transportation               and the instructions for box 1.
fringes to independent contractors, the working condition and            • Wages, any bonuses, prizes, and awards paid to 
de minimis fringe rules for transit passes and parking apply to          employees (report these on Form W-2).
independent contractors. Tokens or farecards that enable an              • Military differential wage payments made to employees 
independent contractor to commute on a public transit                    while they are on active duty in the U.S. Armed Forces or 
system (not including privately operated van pools) are                  other uniformed services (report on Form W-2).

                                                                     -8-   Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)



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• Business travel allowances paid to employees (may be              2014-4_IRB#NOT-2014-7; and Medicaid waiver payments 
reportable on Form W-2).                                            frequently asked questions (FAQs), available at IRS.gov/
• Cost of current life insurance protection (report on Form         Individuals/Certain-Medicaid-Payments-May-Be-Excludable-
W-2 or Form 1099-R).                                                From-Income.
• Payments to a tax-exempt organization including 
                                                                    Canceled debt. A canceled debt is not reportable on Form 
tax-exempt trusts (IRAs, HSAs, Archer MSAs, Coverdell 
                                                                    1099-NEC. Canceled debts reportable under section 6050P 
ESAs, and ABLE (529A) accounts), the United States, a 
                                                                    must be reported on Form 1099-C. See the Instructions for 
state, the District of Columbia, a U.S. territory, or a foreign 
                                                                    Forms 1099-A and 1099-C.
government.
• Payments made to or for homeowners from the HFA                   Employee business expense reimbursements.            Do not 
Hardest Hit Fund or similar state program (report on Form           use Form 1099-NEC to report employee business expense 
1098-MA).                                                           reimbursements. Report payments made to employees under 
• Compensation for injuries or sickness by the Department           a nonaccountable plan as wages on Form W-2. Generally, 
of Justice as a PSO disability or survivor's benefit, or under a    payments made to employees under an accountable plan are 
state program that provides benefits for surviving dependents       not reportable on Form W-2, except in certain cases when 
of a PSO who has died as the direct and proximate result of a       you pay a per diem or mileage allowance. For more 
personal injury sustained in the line of duty.                      information, see the General Instructions for Forms W-2 and 
• Compensation for wrongful incarceration for any criminal          W-3, and Pub. 463. For information on reporting employee 
offense for which there was a conviction under federal or           moving expense reimbursements on Form W-2, see the 
state law. See section 139F, Certain amounts received by            General Instructions for Forms W-2 and W-3.
wrongfully incarcerated individuals.
                                                                    Statements to Recipients
State or local sales taxes. If state or local sales taxes are 
imposed on the service provider and you (as the buyer) pay          If you are required to file Form 1099-NEC, you must furnish a 
them to the service provider, report them on Form 1099-NEC          statement to the recipient. For more information about the 
as part of the reportable payment. However, if sales taxes are      requirement to furnish a statement to each recipient, and 
imposed on you (as the buyer) and collected from you by the         truncation, see part M in the current year General Instructions 
service provider, do not report the sales taxes on Form             for Certain Information Returns.
1099-NEC.                                                           You can furnish each recipient with a single payee 
Form 1099-K.  Payments made with a credit card or payment           statement reporting all Form 1099-NEC payment types. You 
card and certain other types of payments, including                 are required to furnish the payee statements and file with the 
third-party network transactions, must be reported on Form          IRS by January 31.
1099-K by the payment settlement entity under section               Truncating recipient’s TIN on payee statements. 
6050W and are not subject to reporting on Form 1099-NEC.            Pursuant to Regulations section 301.6109-4, all filers of this 
See the separate Instructions for Form 1099-K.                      form may truncate a recipient’s TIN (social security number 
Fees paid to informers.  A payment to an informer as an             (SSN), individual taxpayer identification number (ITIN), 
award, fee, or reward for information about criminal activity       adoption taxpayer identification number (ATIN), or employer 
does not have to be reported if the payment is made by a            identification number (EIN)) on payee statements. Truncation 
federal, state, or local government agency, or by a nonprofit       is not allowed on any documents the filer files with the IRS. A 
organization exempt from tax under section 501(c)(3) that           payer's TIN may not be truncated on any form. See part J in 
makes the payment to further the charitable purpose of              the current year General Instructions for Certain Information 
lessening the burdens of government. For more information,          Returns.
see Regulations section 1.6041-3(l).
                                                                    2nd TIN Not.
Scholarships. Do not use Form 1099-NEC to report 
scholarship or fellowship grants. Scholarship or fellowship         You may enter an “X” in this box if you were notified by the 
grants that are taxable to the recipient because they are paid      IRS twice within 3 calendar years that the payee provided an 
for teaching, research, or other services as a condition for        incorrect TIN. If you mark this box, the IRS will not send you 
receiving the grant are considered wages and must be                any further notices about this account.
reported on Form W-2. Other taxable scholarship or 
                                                                    However, if you received both IRS notices in the same 
fellowship payments (to a degree or nondegree candidate) 
                                                                    year, or if you received them in different years but they both 
do not have to be reported to the IRS on any form, unless 
                                                                    related to information returns filed for the same year, do not 
section 6050S requires reporting of such amounts by an 
                                                                    check the box at this time. For purposes of the 
educational institution on Form 1098-T. See section 117(b)–
                                                                    two-notices-in-3-years rule, you are considered to have 
(d) and Regulations section 1.6041-3(n) for more information.
                                                                    received one notice and you are not required to send a 
Difficulty-of-care payments. Do not use Form 1099-NEC               second “B” notice to the taxpayer on receipt of the second 
to report difficulty-of-care payments that are excludable from      notice. See part N in the current year General Instructions for 
the recipient's gross income. Difficulty-of-care payments to        Certain Information Returns for more information.
foster care providers are not reportable if paid for fewer than 
                                                                        For information on the TIN Matching System offered 
11 children under age 19 and fewer than six individuals age 
                                                                    TIP by the IRS, see the current year General Instructions 
19 or older. See section 131(c). Amounts paid for more than 
                                                                        for Certain Information Returns.
10 children or more than five other individuals are reportable 
on Form 1099-NEC.
  Certain Medicaid waiver payments may be excludable                Corrections to Form 1099-NEC
from income as difficulty-of-care payments. For more                If you need to correct a Form 1099-NEC that you have 
information, see Notice 2014-7, available at IRS.gov/irb/           already sent to the IRS:

Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)           -9-



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• For paper forms, see part H in the current year General       •   Payment for services, including payment for parts or 
Instructions for Certain Information Returns; or                materials used to perform the services if supplying the parts 
• For electronic corrections, see Pub. 1220.                    or materials was incidental to providing the service. For 
                                                                example, report the total insurance company payments to an 
        If you are filing a correction on a paper form, do not 
                                                                auto repair shop under a repair contract showing an amount 
  !     check the VOID box on the form. A checked VOID          for labor and another amount for parts, if furnishing parts was 
CAUTION box alerts IRS scanning equipment to ignore the form 
                                                                incidental to repairing the auto.
and proceed to the next one. Your correction will not be 
entered into IRS records if you check the VOID box.             •   Commissions paid to nonemployee salespersons that are 
                                                                subject to repayment but not repaid during the calendar year.
                                                                •   A fee paid to a nonemployee, including an independent 
Recipient's TIN                                                 contractor, or travel reimbursement for which the 
Enter the recipient's TIN using hyphens in the proper format.   nonemployee did not account to the payer, if the fee and 
SSNs, ITINs, and ATINs should be in the XXX-XX-XXXX             reimbursement total at least $600. To help you determine 
format. EINs should be in the XX-XXXXXXX format.                whether someone is an independent contractor or an 
                                                                employee, see Pub. 15-A.
        You should make every effort to ensure that you have 
                                                                •   Payments to nonemployee entertainers for services. Use 
  !     the correct type of number reported in the correct      Form 1042-S, Foreign Person's U.S. Source Income Subject 
CAUTION format.
                                                                to Withholding, for payments to nonresident aliens.
                                                                •   Exchanges of services between individuals in the course 
Account Number                                                  of their trades or businesses. For example, an attorney 
The account number is required if you have multiple accounts    represents a painter for nonpayment of business debts in 
for a recipient for whom you are filing more than one Form      exchange for the painting of the attorney's law offices. The 
1099-NEC. See part L in the current year General                amount reportable by each on Form 1099-NEC is the FMV of 
Instructions for Certain Information Returns.                   their own services performed. However, if the attorney 
                                                                represents the painter in a divorce proceeding, this is an 
Box 1. Nonemployee Compensation                                 activity that is unrelated to the painter's trade or business. 
Enter nonemployee compensation (NEC) of $600 or more.           The attorney must report on Form 1099-NEC the value of 
Include fees, commissions, prizes and awards for services       their services. But the painter need not report on Form 
performed as a nonemployee, and other forms of                  1099-NEC the value of painting the law offices because the 
compensation for services performed for your trade or           work is in exchange for legal services that are separate from 
business by an individual who is not your employee. Include     the painter's business.
oil and gas payments for a working interest, whether or not     •   Taxable fringe benefits for nonemployees. For information 
services are performed. Also include expenses incurred for      on the valuation of fringe benefits, see Pub. 15-B.
the use of an entertainment facility that you treat as          •   Gross oil and gas payments for a working interest.
compensation to a nonemployee. Federal executive agencies       •   Payments to an insurance salesperson who is not your 
that make payments to vendors for services, including           common law or statutory employee. See Pub. 15-A for the 
payments to corporations, must report the payments in this      definition of employee. However, for termination payments to 
box. See Rev. Rul. 2003-66.                                     former insurance salespeople, see the instructions for box 3 
                                                                of Form 1099-MISC.
What is NEC?    If the following four conditions are met, you   •   Directors' fees as explained under Directors' fees, earlier.
must generally report a payment as NEC.                         •   Commissions paid to licensed lottery ticket sales agents 
• You made the payment to someone who is not your               as explained under Commissions paid to lottery ticket sales 
employee.                                                       agents, earlier. 
• You made the payment for services in the course of your       •   Payments to section 530 (of the Revenue Act of 1978) 
trade or business (including government agencies and            workers. See the TIP under Independent contractor or 
nonprofit organizations).                                       employee, earlier.
• You made the payment to an individual, partnership, 
estate, or, in some cases, a corporation.                       Golden parachute payments.       A parachute payment is any 
• You made payments to the payee of at least $600 during        payment that meets all of the following conditions.
the year.                                                           1. The payment is in the nature of compensation.
Self-employment tax.     Generally, amounts paid to                 2. The payment is to, or for the benefit of, a disqualified 
individuals that are reportable in box 1 are subject to         individual. A disqualified individual is one who at any time 
self-employment tax. If payments to individuals are not         during the 12-month period prior to and ending on the date of 
subject to this tax, report the payments in box 3 of Form       the change in ownership or control of the corporation (the 
1099-MISC. However, report section 530 (of the Revenue Act      disqualified individual determination period) was an 
of 1978) worker payments in box 1 of Form 1099-NEC.             employee or independent contractor and was, in regard to 
  Examples.   The following are some examples of payments       that corporation, a shareholder, an officer, or a highly 
to be reported in box 1.                                        compensated individual.
• Professional service fees, such as fees to attorneys              3. The payment is contingent on a change in the 
(including corporations), accountants, architects, contractors, ownership of a corporation, the effective control of a 
engineers, etc.                                                 corporation, or the ownership of a substantial portion of the 
• Fees paid by one professional to another, such as             assets of a corporation (a change in ownership or control).
fee-splitting or referral fees.                                     4. The payment has (together with other payments 
• Payments by attorneys to witnesses or experts in legal        described in (1), (2), and (3), above, made to the same 
adjudication.                                                   individual) an aggregate present value of at least three times 
                                                                the individual's base amount.

                                                               -10- Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)



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  For more details, see Regulations section 1.280G-1. Also,       You may either use box 2 on Form 1099-NEC or box 7 on 
see Rev. Proc. 2003-68, which is on page 398 of Internal          Form 1099-MISC to report the direct sales totaling $5,000 or 
Revenue Bulletin 2003-34 at IRS.gov/irb/                          more. If you use Form 1099-NEC to report these sales, then 
2003-34_IRB#RP-2003-68     , concerning the valuation of stock    you are required to file the Form 1099-NEC with the IRS by 
options for purposes of golden parachute payment rules. For       January 31.
the treatment of unvested shares of restricted stock, see Rev. 
                                                                          Report these sales on only one form.
Rul. 2005-39, available at IRS.gov/irb/
2005-27_IRB#RR-2005-39.                                           CAUTION!
  Independent contractor.   Enter in box 1 the total 
compensation, including any golden parachute payment. For         The report you must give to the recipient for these direct 
excess golden parachute payments, see the instructions for        sales need not be made on the official form. It may be in the 
box 14 of Form 1099-MISC.                                         form of a letter showing this information along with 
  For employee reporting of these payments, see Pub. 15-A.        commissions, prizes, awards, etc.

Payments not reported in box 1. Do not report in box 1:           Box 4. Federal Income Tax Withheld
• Expense reimbursements paid to volunteers of nonprofit          Enter backup withholding. For example, persons who have 
organizations;                                                    not furnished their TINs to you are subject to withholding on 
• Deceased employee wages paid in the year after death            payments required to be reported in box 1. For more 
(report in box 3 of Form 1099-MISC) (see Deceased                 information on backup withholding, including the rate, see 
employee's wages, earlier);                                       part N in the current year General Instructions for Certain 
• Payments more appropriately described as rent (report in        Information Returns.
box 1 of Form 1099-MISC), royalties (report in box 2 of Form 
1099-MISC), other income not subject to self-employment           Boxes 5–7. State Information
tax (report in box 3 of Form 1099-MISC), and interest (use 
Form 1099-INT);                                                   These boxes are provided for your convenience only and 
• The cost of current life insurance protection (report on        need not be completed for the IRS. Use the state information 
Form W-2 or Form 1099-R);                                         boxes to report payments for up to two states. Keep the 
• An employee's wages, travel or auto allowance, or               information for each state separated by the dash line. If you 
bonuses and prizes (report on Form W-2); and                      withheld state income tax on this payment, you may enter it in 
• The cost of group-term life insurance paid on behalf of a       box 5. In box 6, enter the abbreviated name of the state and 
former employee (report on Form W-2).                             the payer's state identification number. In box 7, you may 
                                                                  enter the amount of the state payment.
Box 2. Payer Made Direct Sales Totaling $5,000                    If a state tax department requires that you send them a 
or More                                                           paper copy of this form, use Copy 1 to provide information to 
Enter an "X" in the checkbox for sales by you totaling $5,000     the state tax department. Give Copy 2 to the recipient for use 
or more of consumer products to a person on a buy-sell,           in filing the recipient's state income tax return.
deposit-commission, or other commission basis for resale (by 
the buyer or any other person) anywhere other than in a 
permanent retail establishment. Do not enter a dollar amount 
in this box.

Instr. for Forms 1099-MISC and 1099-NEC (Rev. 01-2024)        -11-



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Index
 
                                                    Fish purchases for resale 7
A                                                   Fishing boat proceeds 6                    O
Agricultural workers, foreign     5                 Foreign agricultural workers 5             Other income    5
Armed Forces         3 8,                           Form 1099-K 3 9, 
Attorneys' fees and gross                           Form W-9 2 8,                              P
  proceeds   2 6 8 10,  ,  ,                        Former insurance salesperson, 
                                                      termination payments  5 6 10 11,  , ,    Parking, value of    8
                                                                                               Payment card transactions        3 6 8 11,  ,  , 
B                                                                                              Prizes and awards     5
                                                    G
Backup withholding         2 6 8 11,  ,  ,                                                     Punitive damages      5
Broker transactions        1 6,                     Golden parachute payments    10
                                                    Gross proceeds, attorneys 2 6 8 10,  ,  ,  R
C                                                                                              Rents 1 4, 
                                                    H
Canceled debt        3 9,                                                                      Resale of fishes 7
Coin-operated amusements          4                 Health care services, payments   1 6,  ,   Royalties  1 4, 
Commissions          8 10,                            9
Construction project, escrow                                                                   S
  agent 3 8,                                        I
                                                                                               Sale of fish to reseller by fishing boat 
Consumer products totaling $5,000,                  Independent contractor payments     8,      operator  1
  indicator for      1                                10
                                                                                               Scholarships    3 9, 
Corporations, payments to         2 8 10,  ,        Indian gaming profits 3
                                                                                               Section 409A deferrals      7
Corrections  4 9,                                   Informants, fees 3 9, 
                                                                                               Section 409A income        7
Crop insurance proceeds         1 6, 
                                                    L                                          Section 530 worker         8 10, 
                                                                                               Self-employment tax        10
D                                                   Lottery ticket agents, commissions      8, State and local sales taxes      9
Damages  5                                            10                                       State Information    7 11, 
Deceased employee's wages            2 6 11,  ,                                                Substitute payments in lieu of 
Difficulty-of-care payments       9                 M                                           dividends or tax-exempt interest      1, 
Direct sales of consumer products for               Medical payments 9                          6
  resale 1                                          Medical research payments  5
Direct Sales totaling $5,000      11                Medical services payments  6               T
Directors' fees      8 10,                          Military differential payments 3 8,        Taxpayer identification number    2 8, 
                                                    Miscellaneous information 1                Termination payments, insurance 
E                                                                                               salespeople     5 10, 
Excess golden parachute payments                  7 N                                          Trade or business     2 7, 
Exchange of services         10                     Nonemployee compensation     7             Transit passes  8
                                                    Nonemployee compensation 
F                                                     (NEC) 10                                 W
FATCA filing requirements         4 5 7 10,  ,  ,   Nonqualified deferred                      Withholding:
Fees 1 3 7 10,  ,  -                                  compensation   7                          Backup    2 6 8 11,  ,  , 
Fish purchases for cash         6                                                               Indian gaming   3 6 11,  , 

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