The Sun-Herald.com reports that Greatland, one of the country’s leading providers of W-2 and 1099 products for business, has released its top W-2 and 1099 filing “pitfalls” to watch out for this tax season:
Paper filing
While many businesses are electing to e-file their W-2 and 1099 forms with the Social Security Administration (SSA) and / or the Internal Revenue Service (IRS), the majority of businesses still rely on filing paper forms via mail. There are two common missteps businesses or tax preparers make when filing paper W-2 or 1099 forms:
1. Seeing red - the 1099 red ink form requirement: businesses must file Copy A of form 1099 (the file that is sent to the IRS) on a pre-printed red ink form(1). Only Copy A must comply with this requirement. All other copies of the forms can be printed with black ink.
2. Perfecting perforation on W-2s and 1099s – similar to the red ink form requirement, the IRS and SSA have a perforation requirement that specifies all paper forms contain no horizontal perforations separating forms on Copy A. However, all other copies must be perforated between the individual forms, and according to the IRS, the use of scissors to separate copies is not an acceptable method. It is important to verify with your tax form provider that all pre-printed paper forms comply with IRS and SSA requirements. Failure to comply with these requirements can result in substantial penalties.
If you file by mail, make sure you send the forms certified mail, return receipt requested in case your forms get lost in the black hole we civilized humans call bureacracy.
Electronic filing or “e-filing”
Both the SSA and the IRS encourage e-filing of W-2 and 1099 forms, no matter how few forms need to be filed. However, if the number of forms of each type totals more than 250 (e.g. 250 1099-DIV 300 1099-INT, 250 W-2), the IRS and SSA require the forms to be filed electronically.
The benefits of filing electronically are:
- The deadline for filing forms with the IRS and SSA is extended by one month, compared to paper filing
- Paper handling and mailing is reduced, resulting in possible cost savings
- Reduced environmental impact
- None of the federal copy paper form requirements (red ink, perforation, etc.)
- The submission status of your filing is provided (e.g. “Received”, “Not Yet Processed”, “Complete”, etc.)
Filing Deadlines
- The deadline for W-2 and 1099 forms to be provided to recipients is Feb. 1, 2010.
- This year’s deadline for W-2 and 1099 filing with the IRS is March 1, 2010 (paper) or March 31, 2010 (electronic).
- You may request an automatic 30-day filing extension by completing form 8809.
- New for 2009: the due date for furnishing statements to recipients for forms 1099-B, 1099-S, and 1099-MISC (if amounts are reported in boxes 8 or 14) has been extended to February 16, 2010.
47 responses so far ↓
1 Keith // Jan 25, 2010 at 11:13 am
What is the penalty for a company if they don’t send out a 1099 on time (such as 2 months late)?
2 Peter // Jan 25, 2010 at 12:20 pm
Keith,
The basic late filing penalty is $50 per 1099, per month. But try to get them out on time because the recipients need the forms to do their tax returns which are due April 15th.
3 Josh // Feb 1, 2010 at 9:25 pm
What if you do not get your W-2 by the 1st of February? What are the responsibilities of the tax payer in this case?
4 Peter // Feb 1, 2010 at 11:21 pm
Josh,
Thanks for visiting.
You don’t have to file your tax return until April15th, but if you are expecting a refund you’ll probably want to file sooner.
You should call your employer or former employer and find out whether they’ve sent the W-2′s out or not.
5 Tifini // Feb 2, 2010 at 6:06 pm
I have the red copy of the 1099 misc. Am I understanding correctly that I can fill this out and then just make copies of it for the recipient?
6 rosemary // Feb 5, 2010 at 4:10 pm
what about if you received a 1099 form today, february 5th, 2010? i didn’t include it in my taxes, done online already… the amount is slightly over 2300.00 —??
7 Peter // Feb 5, 2010 at 7:20 pm
Rosemary,
You should file a form 1040-X to add the additional 1099 income (assuming it’s taxable).
8 Kay // Feb 16, 2010 at 2:38 pm
As a recepient, must the 1099 be filed the same year it is received? Can it be held off until a future year to be filed?
9 Peter // Feb 17, 2010 at 1:26 pm
The 1099 must be issued to the recipient by January 30th and filed with the IRS by February 28th of the year following the year of payment.
10 Kevin // Feb 24, 2010 at 5:12 pm
What are the penalties to an employer for not mailing out W-2 forms by the deadline?
11 claire // Mar 20, 2010 at 12:36 pm
I have rent my house to a couple last year. They used it as a business (against our lease agreement), they want to issue a 1099 today March 20 2010, but I have already filed without it. What era my options today?
12 Peter // Mar 20, 2010 at 1:01 pm
Claire,
You must report the rental income regardless of whether you received a 1099 from the tenant or not. You need to file an Amended Tax Return on Form 1040x to correct the problem.
13 claire // Mar 21, 2010 at 12:45 pm
Thanks.
14 Rob // Mar 22, 2010 at 11:37 am
As of today, we still have not received our W-2′s. I don’t want to “blow the whistle” on my company, but I don’t see any other recourse to pressure someone to get my W-2. What can I do?
15 Peter // Mar 22, 2010 at 11:49 am
Rob,
If you have your last paystub it should contain your year to date earnings and tax withholdings and you can use that to prepare your tax return.
16 Lewis // Mar 26, 2010 at 5:28 am
I’m thinking of claiming 9 dependents for a couple of months to get some extra money, though I actually do not have any dependents. I know this is fraud, and federal time, but i feel comfortable that i will not get caught. What I want to know is when i file my return next year i will not mention this, is there any way they will catch it?
17 Peter // Mar 26, 2010 at 9:04 am
Lewis,
When did the qualude kick in?
18 Pearl // Apr 4, 2010 at 3:56 am
I got paid about 175usd by an agency for a service I rendered in 2009. I asked for a 1099 but wasn’t given by the said agency bcoz accordingly, I didn’t earned more than 600usd. If that is right what will I used to report the 175usd in filing income tax? I am going to file taxes jointly with my husband. Thanks!
19 Peter // Apr 4, 2010 at 10:29 am
Pearl,
It is right and you don’t need a 1099 to file your tax return. Since you already know the amount you were paid, just include it it in the appropriate place on your return.
20 Pearl // Apr 4, 2010 at 8:28 pm
Thanks!
21 Will // Apr 7, 2010 at 10:46 am
I do contract work and send in estimated taxes. Thru 2009 I made $X dollars and I use the date that I receive the check for the tax issue. While my 1099 is dated 12-30-09, I did not receive pay until the 4th of January. Their check was dated Jan 1 and I am told that is just the day it was processed and to use the 1099 date. Fact: income not received until 2010 — do I pay taxes for 2009 on this 2010 income??
22 Edward Reid // Jun 13, 2010 at 11:20 pm
Will,
Your choice. This has happened to me many times, often intentionally. The company pays on Dec 30, so it’s an expense in that year for them. You don’t receive it until Jan 3, so it’s income the next year for you. This is completely legal as long as both use the cash method for accounting — in fact, if the check is in the mail over New Year’s, this is technically the only correct way to report it. In any case, note that the 1099 is advisory.
23 1099Misc for 2010 (PDF, Download) | ResumeBiz.com // Jan 21, 2011 at 1:02 pm
[...] 1099 Pitfalls, Tips & Deadlines [...]
24 Kari // Feb 7, 2011 at 10:38 pm
I’m a notary mortgage closer and did not receive my 1099 from one of the main title companies I contract with. When I called to ask about it, they told me the deadline is Feb 28th and they will not send them out until that time. I’ve got all my taxes done except for the info for this one 1099, so I’m a little frustrated. Is this correct?
25 Peter // Feb 11, 2011 at 7:57 pm
din,
I need more facts. The nature of your relationship with your employer determines whether or not you are an independent contractor or employee.
26 din // Feb 12, 2011 at 12:10 am
i am an employee,a caregiver but i dont want to file w2 this year 2011,i want 1099 like i filed last 2009,is it ok to file 1099 for 2011.
27 Peter // Feb 12, 2011 at 9:46 am
din:
Still don’t have enough information and it’s irrelevant that you don’t “want” to file a w-2.
But I do like your name because it reminds me of one of my favorite Rudyard Kipling poems:
Din! Din! Din!
You Lazarushian-leather Gunga Din!
Tho’ I’ve belted you an’ flayed you,
By the livin’ Gawd that made you,
You’re a better man than I am, Gunga Din!
28 Billy // Feb 16, 2011 at 12:52 am
I got a w-2 from my employer and i also got a 1099-misc and don’t know why. When i file, do i have to include the 1099-misc? I will loose over half of my return if I do.
29 Peter // Feb 17, 2011 at 11:25 am
If the 1099 is incorrect, call your employer and tell them to issue a corrected one. You don’t have to report what you didn’t get.
30 Christopher // Feb 24, 2011 at 7:48 pm
My wife worked for a woman who preferred to pay “under the table” but is now wanting to send her a 1099 form. She got a check from her for $1200. If she has no information about my wife other than an address, can she actually send her this form, and does my wife have any other options here?
31 Courtney // Feb 25, 2011 at 10:42 am
I’m waiting on a 1099 for my mutual fund and I still haven’t received it. I’ve contacted my advisor but seem to be getting the run-around. When is the deadline for the company (a big-name bank) to have it available?
32 collen // Feb 25, 2011 at 2:16 pm
i am an independant contractor — recieving the last few months of my edd in california. i did some work in the last quarter of 2010 but didn’t fill out the 1099 till 2011, but then the client paid me 2011 and sent the 1099 for 2010 — but by this time i had already NOT reported the income to the edd because i didn’t know when i was going to be paid and i figured it would be reported as 2011 income.
what should i do? contact the edd?
33 Coreen // Mar 13, 2011 at 12:16 pm
Hi, I was a tech support contractor for a brief period in which my services rendered were done in 2009, but I was paid in Jan 2010. When I got my check I was waiting for my 1099, but I never received it. As a result, I filed my taxes as self employment income based off of the check I received. Now I just received a 1099 in 2011. Do I need to file again?
34 Toni // Mar 15, 2011 at 3:32 pm
Let’s say I am between jobs and just recently filed my w-2. This was the first time I filed my own taxes. After I filed my w-2, I received my 1099 from withdrawing from my 401 k. Never a good idea (i know) but time were tough and necessary to do so. Would I be able to file my 1099 after the fact still? Is it normal to ask for an extension for filing my 1099 after I already filed my w-2? Please advise..I hope this makes sense.
35 Peter // Mar 15, 2011 at 4:33 pm
Toni,
I assume you are referring to your tax return when you say you filed your W-2.
If you already filed, you need to prepare and file a form 1040X – Amended Tax Return – to include the 1099 income you failed to report.
36 Peter // Mar 15, 2011 at 4:37 pm
Coreen,
If there is a material difference between what you reported on your return and the amount on the 1099, you should consider filing an amended return on form 1040 X.
If you already reported and paid tax the income shown on the 2011 1099, you should include the 2011 1099 information on your 2011 return and show an offset for the portion of that 1099 that was reported in a prior year.
It’s a little tricky so you might want to hire someone to do your return for you.
37 sweetpea65 // Apr 11, 2011 at 9:29 am
We have a garage/used car lot and my husband is just “getting around” to filing our business/personal taxes. He is saying the CPA (a close friend) says we won’t get a return this year because we didn’t file the 1099 in time this year. We have gotten good returns in the past-we have morgtage and two kids so we have plenty of deductions plus business was NOT good this year. Difference is he promised the return to me for a vacation so I’m worried that his information isn’t correct!! PLEASE HELP!!
38 JP // Apr 21, 2011 at 1:27 am
Hi! So aggravated… a company is sending me a 1099 NOW… April 20th… for 2010. Of course I already filed. And I reported the income, though I didn’t have a 1099 for it. What now? Do I still have to file an amended return and pay my accountant to handle it? Is that even legal for them to send me a 1099 now??
39 Peter // Apr 21, 2011 at 9:06 am
You have to report the income you earned regardless of whether you get a 1099 or not.
It seems you did that so you have nothing to worry about assuming, of course, that the amount you reported is the same as what is shown on the 1099.
If the 1099 has a different amount and it’s accurate, you should file an amended return to correct it. If the 1099 is inaccurate you need to contact your employer and see if they will issue an amended 1099.
Good luck.
40 Fred Jackson // Nov 18, 2011 at 6:53 am
I need to know if I have to file my tax returns without getting my W2 form. Thanks in advance for any help.
41 Peter // Nov 21, 2011 at 10:43 am
Fred,
Yes, if you know how much you made and how much was withheld. I would attach a statement to the return explaining why you have not attached the W-2s.
42 Concerned New Employer // Jan 16, 2012 at 2:30 pm
Peter, looked through your site and it is very informative – Thanks! The TX software consulting company I started in 2003 converted it’s 2 sub-contractors into employees Jan 2010 (Billing cycle Jan-Dec) and kept paid them as employees throughout 2010. The company withheld taxes and remitted them to the government via EFTPS. However we failed miserably at meeting the filing deadlines for sending our 2010 W2 information to the IRS and have yet to do so as I write this. How do I send them now?
Thanks!
43 Sarah // Jan 16, 2012 at 4:15 pm
I work for a catering company 3 or 4 days a month. They issue 1099 for the taxes. I was just told to expect it some time between now and April 15th. They were serious. IS this legal? What is the deadline to receive this form for 2012 tax filing? What are my options? I need to file immediately for the expected return and college apps.
44 Peter // Jan 16, 2012 at 9:53 pm
The deadline is January 30th. You don’t need the form to do your taxes if you know how much money they paid you.
45 Tim // Jan 31, 2012 at 10:13 pm
My former employer has not sent my 1099, again, mid February to mid March seems to be his speed, or the time he needs to doctor his books. Who do I report this deadbeat to?
46 Peter // Jan 31, 2012 at 10:54 pm
Tim,
Check out the IRS website at IRS.org. It should tell you what to do.
47 Terri Jackson // Feb 7, 2012 at 1:25 pm
I have a client that has a 1099 for 2007, 2008, 2009, 2010. She has not files her taxes since 2006. What do I do to make sure the IRS have her taxes even though they are late? What about those 1099s? Thanks
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