IRS Form 1099-MISC Box-7 (Non-Employee Compensation – NEC) filing is generally performed by an organization for any payments made to the self-employed professionals and independent contractors who earn their income outside the usual employer-employee association. Some of the NEC related payments are as follows:
- fees & compensation for services performed as a non-employee for a business by an individual;
- for prizes and winners of contest awarded by the business since the winners have to pay taxes on prizes;
- for any legal services provided directly to a payer, the service fees to an attorney;
- for fish purchases for cash;
- for compensation to vendors for services, including payments to corporations provided by Federal executive agencies.
Filers do not withhold taxes from the payment made to an independent contractor because they are not on the company’s payroll and so the employer contribution of the Federal Insurance Contributions Act (FICA) tax (made up of two separate taxes, Social Security and Medicare) is not paid and the independent contractor pays the self-employment tax.
Rules for entering Form 1099 MISC (Box 7) as non-employee compensation
The general rules for identifying the non-employee compensation relates to any payment made to the recipients for $600 or more during the tax year; an individual who is not a direct employee; an independent contractor for the services in the course of your business; an individual, estate, partnership, or, in some cases, a corporation, etc.
What should not be reported in Form 1099 Misc Box 7?
You should not report in Form 1009 Misc – Box 7 any payments related to rent, royalties, other income not subject to self-employment tax, interest, the cost of group-term life insurance paid on behalf of a former employee, Payments made to deceased employee in wages paid in the year after death, Expenses reimbursement paid to volunteers of non-profit organizations, Employee’s wages, travel allowance, bonus, prizes, etc.
Due date for Form 1099-MISC Box 7 filing
Form 1099-MISC with Box 7 should be filed by Jan 31 and the rest could be filed before March 31. Any e-Corrections can be done no later than Aug 31.
The penalty varies from $30 to $100 per form ($500,000 maximum per year), depending on the delays made by the company to issue the form. For deliberate disregard to the requirements to provide a correct recipient/payee statement, the company may be subjected to a minimum penalty of $250 per statement with no maximum limit.
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