W9 Vs. 1099 Tax Forms: What's The Difference? (2024)

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Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that include estates, probate, finance, business, bankruptcy and more. Her website is www.BretteSember.com.

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Table of Contents

  • What Is a W-9?
  • What Is a 1099?
  • 1099 vs. W-9: Key Differences
  • 1099-NEC vs. 1099-MISC
  • Frequently Asked Questions (FAQs)

Show more

There are various tax forms needed when working as an independent contractor. Two of the most commonly used documents include the W-9 and 1099 forms. Although these tax documents are two very different forms, they are both related to the same process and work hand in hand when reporting earnings to the IRS. In this article, you will learn the differences between a W9 and 1099 tax form, when to use them and how they work together.

What Is a W-9?

A W-9 form is a basic tax form used in the United States for tax filing purposes. As a freelancer or independent contractor, this form is used to collect important tax information including your taxpayer identification number (TIN) or Social Security number, entity structure, name and address. If you are an independent contractor or vendor, you will be asked by the company that uses your services to fill out a W-9 form. This form provides the information needed to issue you a 1099 income form at the end of the year.

What Is a 1099?

The IRS considers the 1099 form a type of “information return.” Independent contractors receive 1099 forms rather than W-2s as a record of income earned. You will be issued a 1099 form at the end of the year with the information that was provided on your W-9 form. The 1099 form tells the IRS the total income you have earned from the individual or company that hired and paid you. You should receive a 1099 form for anything over $600 in income but may still receive a 1099 even if you collect under $600.

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1099 vs. W-9: Key Differences

1099 forms and W-9 forms are both considered important tax documents. A W-9 form is used by independent contractors and freelancers to document identifying information. The 1099 forms are prepared by the business that hires the contractor when they work together and sent to the contractor at the end of the calendar year.

W-91099

Form Type

Tax document/contractor information

Tax document/contractor total earnings

Used By

Independent contractors/freelancers to give to employers/business

Employers/businesses to send to independent contractor/freelancer

File To IRS

No

Yes

Tax Deadline

Submit before first payment or the latest by end of calendar year

Feb. 1 deadline to provide 1099 forms to the recipient

When To Use a W-9

Any individual or business paying an independent contractor for services over $600 is responsible for collecting a W-9 form and an informational return must be submitted to the IRS to disclose payments. The independent contractor is responsible for filling out important information on the W-9 form and returning it to the business they receive compensation from.

Some examples of independent contractors include:

  • Writers
  • Actors
  • Accountants
  • Consultants
  • Auto mechanic
  • Carpenter

When To Use a 1099

If you work as an independent contractor, you will receive one for contract work over $600. You do not need to include the form itself when you do your taxes, but you must include the income from your 1099s when you report your income to the IRS.

Any entities that pay you for your services are responsible for sending you a 1099. As an independent contractor, you may be servicing many different companies, so it’s important to make sure you collect 1099s from each business. You could also be an employee for one company and simultaneously work as an independent contractor elsewhere in which case you would get a 1099 for the contract work.

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1099-NEC vs. 1099-MISC

There are 21 types of 1099 tax forms but if you’re an independent contractor the two most common 1099 forms used are 1099-NEC and 1099-MISC.

What Is a 1099-NEC Tax Form?

NEC stands for nonemployee compensation. If you are a limited liability company (LLC) or sole proprietor of your own business and you provide a service to clients, you will receive a 1099-NEC from each client served. Before 2020, revenue was previously reported on a 1099-MISC form but now it is to be reported on a 1099-NEC form. It is mandatory that clients send contractors form 1099-NEC by January 31. The 1099-NEC form is generally used to report business payments―not personal ones. Form 1099-NEC is NOT used for:

  • Payments made to C corporation (C-corp) or S corporation (S corp)
  • Nonbusiness expenses or payments not reported through 1099 form
  • Medical and healthcare payments
  • Rent, dividends, proceeds and more

What Is a 1099-MISC Tax Form?

1099-MISC stands for “miscellaneous” reporting. You will file a 1099-MISC form to anyone you have paid during the year that included:

  • At least $10 in royalties or broker payments in lieu of dividends or tax-exempt interest
  • At least $600 in rents, prizes and awards, other income payments, medical and health payments, payments to an attorney and more.

The 1099-MISC Form is also used to report direct sales of at least $5,000 of consumer products to a buyer for resale anywhere other than a permanent retail establishment.

Bottom Line

Unlike an employee―who receives a W-2 form―it’s important to remember that an independent contractor is responsible for self-employment tax. Contractors are required to withhold and pay their own taxes. Both the independent contractor and the client are responsible for gathering, reporting and tracking earnings on each end. The W-9 and 1099 forms are essential in reporting accurate earnings and paying taxes at the end of each calendar year.

Frequently Asked Questions (FAQs)

Where can I find a W9 and 1099 form?

You can download and print both the W9 and 1099 forms directly from the IRS website at IRS.gov. On the website you will see a search bar, here you will type in W-9 form or, for instant access, you can click here. You can also view instructions regarding 1099-NEC and 1099-MISC forms and or for direct access: 1099-MISC form and 1099-NEC form.

What happens if a contractor does not provide a W9?

You will still need to file a 1099-NEC but, according to the IRS, you will not be able to file electronically with incomplete information. You are required to submit the 1099 form by paper and in the box labeled TIN or Social Security number you will write “refuse.”

It’s important to note, the best way to retrieve a W-9 form is during the hiring process―this helps to avoid incomplete filing. If the contractor refuses to provide a TIN or Social Security number after three attempts, you will need to start backup withholding. Backup withholding requires that 24 percent tax be taken from any future payments to ensure the IRS receives all tax due on income made.

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W9 Vs. 1099 Tax Forms: What's The Difference? (2024)

FAQs

W9 Vs. 1099 Tax Forms: What's The Difference? ›

The main differences between W-9 and 1099 tax forms are that a W-9 is filled out by the supplier or independent contractor to provide their tax and payment information to the payer, whereas 1099 forms are provided by the payer to document the supplier or contractor's gross earnings after business has been done, which ...

Is w9 and 1099 the same thing? ›

The difference between 1099 vs W-9 is a straightforward one: the contractor fills out the W-9 form to provide information to the business they work for, and that business later reports the contractor's yearly earnings on the 1099 form.

Does w9 mean self-employed? ›

Is a W-9 Used for Self-Employed Individuals? Yes, a W-9 is most often used for individuals who are self-employed. If a worker is an independent contractor, freelancer, or self-employed, Form W-9 must be provided to those whom you have earned over $600 from without having been hired as an official employee.

What is a w9 form used for? ›

Form W-9 is an IRS document that businesses use to collect an tax identification number (TIN). Independent contractors who were paid at least $600 during the year need to fill out a W-9. Internal Revenue Service.

What is a 1099 form used for? ›

The IRS 1099 Forms are a group of tax forms that document payments made by an individual or a business that typically isn't your employer. The business that pays the money fills out the form with the appropriate details and sends copies to you and the IRS. The form reports payments made during the tax year.

Does a W9 mean I have to pay taxes? ›

Form W-9 can also be used to report other types of payments to the IRS, such as IRA contributions or mortgage interest. A W-9 doesn't include any tax withholding information because independent contractors are responsible for filing and paying their taxes unless they are subject to backup withholding.

Do I need a W9 if I have a 1099? ›

As an independent contractor, vendor, freelancer or other individual receiving nonemployee compensation, you typically do not work for the person or business as an employee. If you don't work as an employee, you'll typically have your earnings reported on a Form 1099-NEC and will need to prepare a W-9.

How much taxes will I pay on a w9? ›

Payments earned by a contractor who completes a W-9 form aren't subject to IRS withholding, meaning it's the payee's responsibility to report the income and pay the self-employment taxes, which is calculated at a rate of 15.3 percent as of 2022.

Can I give someone a 1099 if I paid them cash? ›

Cash payments of $600 or more to an independent contractor should be reported on a 1099 form, regardless of the payment method. Neglecting to issue the appropriate tax forms for cash payments can lead to tax implications and penalties.

Who needs a 1099? ›

The 1099 form is used to report non-employment income to the Internal Revenue Service (IRS). Businesses are typically required to issue a 1099 form to a taxpayer (other than a corporation) who has received at least $600 or more in non-employment income during the tax year.

Who should fill out a W9? ›

You will need to fill out a W-9 form if you:
  • Classify yourself as an independent contractor or “freelancer.”
  • Are not a full-time employee of the business.
  • Will be paid more than $600 for work provided to the business.

Why would a company want a W9? ›

The Importance of W9 Vendor Forms

Trades or businesses need to get W9 Forms from U.S. vendors to prepare information returns like Form 1099-NEC and 1099-MISC required by the IRS to report calendar year amounts paid to them of $600 or more or amounts of backup withholding of federal income taxes.

What is a 1099 for dummies? ›

A 1099 form is an IRS tax information return for reporting business-related nonemployee compensation paid, certain other payments, including royalties, miscellaneous information including any backup withholding, and interest and dividends.

Who is exempt from a 1099? ›

Exemptions from 1099 Requirement

Absent any exception (e.g., medical or substitute payments), the IRS doesn't require you to send a 1099 to: S-corporations. C-corporations. LLCs that elected S-corp tax status.

Does 1099 A affect my taxes? ›

If you receive Form 1099-A, you will need to report it on Schedule D of your tax return that year. Form 1099-A can help you determine if you have any capital gain or loss from the foreclosure of your property. Capital gains from foreclosure are treated the same as capital gains from a traditional sale.

Who gets a w9 and who gets a 1099? ›

In plain language, if your business hires contractors, freelancers, or vendors, you must collect a W-9 from them at the beginning of their employment period. If you're one of those contractors, you can expect to receive a 1099 form to report your income at the end of the tax year.

Who gets a 1099 based on w9? ›

Independent contractors, like freelancers and real estate agents, in the U.S. (citizens or non-resident aliens) filing a Form W-9 and other business service providers not on the payroll (receiving Form W-2) should expect to receive Form 1099-NEC from each client for payments exceeding the $600 or more reporting ...

Who needs to fill out a 1099? ›

The 1099 form is used to report non-employment income to the Internal Revenue Service (IRS). Businesses are typically required to issue a 1099 form to a taxpayer (other than a corporation) who has received at least $600 or more in non-employment income during the tax year.

Who fills out a 1099? ›

A 1099 form is a record that an entity or person other than your employer gave or paid you money. The payer fills out the 1099 and sends copies to you and the IRS.

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