1099-MISC, 1099-NEC, or 1099-K: What’s the Difference?
1099-MISC, 1099-NEC, or 1099-K: What’s the Difference?

1099-MISC, 1099-NEC, or 1099-K: What’s the Difference?

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Self-employment comes with many perks – being your own boss, making your own hours, and even taking advantage of deserved business expense deductions. Did you drive during the course of the work you performed? You can take a mileage deduction. Did you buy a computer or office supplies to use for consulting? Then you may be able to deduct your office supplies or office equipment.

But what forms should you expect when filing your taxes? If you were self-employed, or worked on a contract basis with no taxes withheld, your income may be reported to you on different tax forms: a 1099-NEC (Formerly reported on Form 1099-MISC) or Form 1099-K if you were paid by a third party payment service like PayPal or Venmo. 

Under the American Rescue Plan, the change was to take effect beginning tax year 2022 but on December 23, 2022 the IRS announced a delay in reporting thresholds for third-party settlement organizations(TPSOs). As a result of this delay, TPSOs will not be required to report tax year 2022 transactions on a Form 1099-K to the IRS or the payee for the lower, $600 threshold amount enacted as part of the American Rescue Plan of 2021. Per the IRS, this means that for tax year 2022 the existing 1099-K reporting threshold of $20,000 in payments from over 200 transactions will remain in effect. This change could impact people working in the gig economy, online sellers, independent contractors, and other self-employed business owners.

Note, if you are not in business for yourself selling goods and services, but receive payments from friends and family through a third party payment provider, be sure to have them note that the payment is for personal purposes to help the third party provider not classify your payment as income that should be reported on Form 1099-K.

Starting from tax year 2020, freelancers, consultants, and those working in the on-demand economy, like Uber and Lyft who make $600 or more can expect to receive a 1099-NEC. Prior to tax year 2020, self-employed individuals received a 1099-Misc instead of a Form 1099-NEC. Those working in the on-demand economy or who are paid by a third party provider like PayPal may also receive a 1099-K, while the 1099-MISC is reserved for any other miscellaneous income.

Tax Forms for Self-Employed Individuals

Don’t worry about knowing all of these different tax forms. TurboTax Self-Employed will ask you if you received the individual forms and will accurately fill out the correct tax forms based on your entries. You can also jump start your taxes by snapping a photo of your 1099-NEC, and the information will accurately transfer to your tax return.

TurboTax Self-Employed easily walks you through filing your taxes, and we are here to break down which tax form your income will be reported on and which 1099 form you may receive.

Who Qualifies as Self-Employed/Contractor?

To make it plain and simple, being an independent contractor is one way to be self-employed. Being a self-employed individual implies that you generate personal income and you do not work as an employee for anyone else.

According to the IRS, “an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.”

An independent contractor can be anyone who makes income by providing services to the general public and does not work under a traditional employer-employee partnership. Some examples include:

  • Doctors working in a private practice
  • Uber, Lyft, and other rideshare drivers in most states
  • Lawyers 
  • Bookkeepers, accountants
  • IT, web designers, programmers
  • Online freelancers

What is Form 1099-NEC? Who receives Form 1099-NEC?

Starting in tax year 2020, 1099-NEC (non-employee compensation) will be issued to self-employed individuals, like independent contractors, freelancers, or side-giggers who have been paid $600 or more. Wages might not trigger a 1099-NEC if they are under $600, but you are still responsible for reporting all income whether a 1099-NEC was received or not. As a self-employed person, you are required to report your self-employment income if your net earnings from self-employment are $400 or more.

In this situation, the process of filing your taxes is a little different than a taxpayer who only receives regular employment income reported on a W-2. When you receive a 1099-NEC reporting your income, you can claim deductions against that income on a Schedule C, lowering your taxable income from self-employment. 

Luckily, you don’t have to know about form Schedule C: TurboTax Self-Employed will ask you simple questions about you and your business, and fill it out for you based on your answers so that it is effortless!

What is Form 1099-K? Who receives a 1099-K?

Form 1099-K, also called Payment Card and Third Party Network Transactions, is used by credit card companies and third-party processors like PayPal and Amazon to report the payment transactions they process for retailers or other third parties. You’ll receive a 1099-K if you accepted credit cards, debit cards or prepaid cards and had over $20,000 in sales and more than 200 individual transactions through a third party processor. It reports the gross amount of the transactions, which means if you’re a Uber or Lyft driver, your fees, commissions, safe rider fees or phone rental payments are not deducted. You can deduct those as part of your business expenses along with the mileage you drove.

Your ride-share operator, or other on-demand economy partner, should provide you with a tax summary you can use to translate the 1099-K information into some of the income and expenses to report when you file your self-employment taxes. 

Under the American Rescue Plan, changes were made to Form 1099-K reporting requirements for third-party payment networks like Venmo and Cash App that process credit/debit card payments or electronic payment transfers. The change was to take effect with transactions starting tax year 2022 but on December 23, 2022 the IRS announced a delay in reporting thresholds for third-party settlement organizations. Beginning January 1, 2023, a TPSO is required to report third-party network transactions paid in 2022 with any participating payee that exceed a minimum threshold of $600 in aggregate payments, regardless of the number of transactions. TPSOs report these transactions by providing individual payee’s an IRS Form 1099-K, Payment Card and Third-Party Network Transactions.

The transition period announced delays the reporting of transactions in excess of $600 to transactions that occur after calendar year 2022 and the IRS will issue Form 1099-K to taxpayers who have more than $20,000 in payments from over 200 transactions processed in tax year 2022(the taxes you file in 2023). The transition period is intended to facilitate an orderly transition for TPSO tax compliance, as well as individual payee compliance with income tax reporting. A participating payee, in the case of a third-party network transaction, is any person who accepts payment from a third-party settlement organization for a business transaction.

What is Form 1099-MISC? Who receives a 1099-MISC?

The Form 1099-MISC was replaced by Form 1099-NEC for self-employed. So while you may have been accustomed to receiving a 1099-MISC for your freelance, side gig, or self employment income in previous years, the 1099-NEC will be replacing many of its uses. However, you still may receive a 1099-MISC for any other miscellaneous income you earned. Here are the other types of income that will be reported on Form 1099-MISC:

  • $10 or more in royalties or broker payments in lieu of dividends or tax-exempt interest.
  • $600 or more in:
    • Rents.
    • Prizes and awards.
    • Other income payments.
    • Medical and health care payments.
    • Crop insurance proceeds.
    • Cash payments for fish (or other aquatic life) you purchase from anyone engaged in the trade or business of catching fish.
    • Generally, the cash paid from a notional principal contract to an individual, partnership, or estate.
    • Payments to an attorney.
    • Any fishing boat proceeds.
    • $5,000 or more of direct sales of consumer products for resale anywhere other than a permanent retail establishment.

TurboTax Self-Employed Has You Covered

Again, the great thing is, you don’t need to worry about knowing these tax rules or how to fill out forms. TurboTax Self-Employed will ask you simple questions about you and your business or side-gig and will search industry specific deductions you are eligible for based on your answers, saving you your hard earned dollars so you can keep more money for your business. 

You can also get help along the way or fully hand your taxes off to a TurboTax Live Self-Employed tax expert available in English and Spanish.

Lisa Greene-Lewis

Lisa has over 20 years of experience in tax preparation. Her success is attributed to being able to interpret tax laws and help clients better understand them. She has held positions as a public auditor, controller, and operations manager. Lisa has appeared on the Steve Harvey Show, the Ellen Show, and major news broadcast to break down tax laws and help taxpayers understand what tax laws mean to them. For Lisa, getting timely and accurate information out to taxpayers to help them keep more of their money is paramount. More from Lisa Greene-Lewis

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