W9 vs 1099: A Simple Guide to Contractor Tax Forms (2024)

What is Form W-9?

A W-9 is sent by a client to a contractor to collect their contact information and tax number. Then, the client uses that info to fill out a Form 1099. It’s the client’s duty, as someone who is contracting work, to send the contractor Form W-9 before the end of the financial year.

The contractor’s job is to fill it out with tax info for their business. (Unless they’ve registered a business name, or incorporated, their person and their business are identical for tax reasons.)

What is Form 1099?

Each client a contractor invoices for more than $600 is required to send the contractor a Form 1099. This form lists what they’ve paid them over the course of the prior tax year. Typically, a contractor will get Form 1099 from a client in January—the beginning of tax season.

The client also sends a copy to the IRS. The IRS looks at the Form 1099s from all the contractor’s clients to see how much money they’ve made during the year. Then, they check it against the income the contractor reports, to make sure they aren’t bending the truth. They want to be certain contractors are paying taxes on everything they’ve earned.

That’s the short story. To get a better sense of how Form 1099 works, check out our guide to Form 1099.

Here’s a short table comparing the two forms:

Form W-9Form 1099
For clients to collect tax information from independent contractorsUsed by clients to record how much they’ve paid an independent contractor over a year
Submitted once, and then again only if contractor’s information changesSubmitted yearly any year contractor has been paid >$600 by client
Contractor fills it outClient fills it out
Provides client with contractor’s contact info and tax numberProvides contractor and IRS with summary of how much client paid contractor
Client sends a blank copy to contractor, who then returns it to clientClient sends one filled out copy to the contractor, and one to the IRS
Should be sent to contractor before they begin working for clientShould be sent to contractor and IRS before the end of January

How to fill out Form W-9

Here’s what Form W-9 looks like.

W9 vs 1099: A Simple Guide to Contractor Tax Forms (1)

You can download a copy of Form W-9 and read the instructions sheets to get the full IRS rundown on how it should be filled out.

Most of it is pretty straightforward. However, there are a few places contractors tend to stumble:

  1. If you’re a contractor, you only need to fill out a business name if you’ve actually registered one. Otherwise, just fill out the top line and leave this one blank.
  2. Don’t forget to note what type of entity your limited liability company (LLC) files taxes as—a C corporation, S corporation, or Partnership. If you’re not sure which you are, take a hot minute to learn more about LLCs.
  3. Generally, if you don’t have a Taxpayer Identification Number (TIN) or Employer Identification Number (EIN), you should enter your SSN here.

Heads up: Form W-9 and security

Any time a contractor receives a Form W-9, they should make sure they understand who it’s coming from. If you’re a contractor and you get a Form W-9 from an individual or business who is not a client, do not fill it out. Sending off your Social Security Number (SSN) and other info to a stranger could put you in an awkward position—like having your identity stolen.

Also, when sending off Form W-9, do it securely. That means sending it as an encrypted file attachment. Or, if you like licking stamps, mail a hard copy to your client.

How to deal with Form 1099

Here’s a sight to behold: A Form 1099 that’s totally blank.

W9 vs 1099: A Simple Guide to Contractor Tax Forms (2)

Typically, when a contractor gets a Form 1099 from a client, some of those blue boxes are going to be filled in—with the contractor’s name, address, the TIN they entered on Form W-9, and other info.

If you’re a contractor and you get a Form 1099, keep a copy for your files. Box 7 tells you how much your client paid you. Once you’ve got all your Form 1099s for the year, add up all the Box 7s to get most of your income.

Most of your income—remember, if you’re a client, you only have to send contractors Form 1099 if you were invoiced for $600 or more total. But just because you don’t send a contractor a Form 1099 doesn’t mean they don’t have to report the income to the IRS.

Contractors should hold onto copies of all the invoices they sent during the year, too. That way, if a client paid them $599 (meaning a Form 1099 wasn’t required), they can still report the income—and avoid the risk of getting dinged by the IRS in case of an audit.

Suggested reading: Form 1099 Filing and Reporting Requirements

How Bench can help

Whether you receive a 1099-NEC or need to issue one to a contractor, having clear, accurate, and up-to-date books are essential when it’s time to file your taxes. Your Bench bookkeeper can provide detailed year-end financial statements, including a 1099-specific report, that make tax filing a breeze.

In January, your Bench-provided 1099 report can tell you:

  • Who you need to file 1099 NECs for
  • How much you paid each person and what they were paid for, including the transactions associated with those payments

We’ll even let you know whether you need to file an NEC or MISC form for that 1099. Learn more.

Tax deadline for Form 1099

Clients are required to send contractors Form 1099-NEC by January 31, 2024.

Tax deadline for Form W-9

There is no tax deadline for Form W-9. It’s up to clients to get filled-out W-9s from their contractors before the end of the tax year, so they can file their taxes and send them their Form 1099s.

Technically, a client is required to have a contractor fill out a Form W-9 before they pay them. Not all clients follow the rules, though. It’s not out of the question for a contractor to receive a W-9 near the end of the tax year, as their client scrambles to get their taxes done on time.

Sadly, 1099 and W-9 aren’t the only forms you need to keep track of. To stay on top of all your obligations for the year, download the Bench Small Business Tax Checklist.

W9 vs 1099: A Simple Guide to Contractor Tax Forms (2024)

FAQs

W9 vs 1099: A Simple Guide to Contractor Tax Forms? ›

A W-9 is sent by a client to a contractor to collect their contact information and tax number. Then, the client uses that info to fill out a Form 1099. It's the client's duty, as someone who is contracting work, to send the contractor Form W-9 before the end of the financial year.

Do contractors fill out W9 or 1099? ›

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.

Can I issue a 1099 without a W9? ›

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.”

Who needs to 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.

Who needs to fill 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.

Does a W9 make you an independent contractor? ›

A W-9 is for independent contractors and freelancers only. Employees don't fill out a W-9 form. Earnings are less than $600: Independent contractors report income only once their earnings are more than $600 in a tax year.

Does every contractor need a W9? ›

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.

What happens if I don't issue a 1099 to a contractor? ›

If a business intentionally disregards the requirement to provide a correct Form 1099-NEC or Form 1099-MISC, it's subject to a minimum penalty of $630 per form (tax year 2023) or 10% of the income reported on the form, with no maximum.

What happens if a contractor doesn't give you a w9? ›

If the independent contractor doesn't provide you with Form W-9 you must withhold tax from payments to that person. This is referred to as backup withholding and should be withheld at the rate of 24% and then submitted to the IRS. Form 945 will also need to be filed to report the withheld tax.

What if a vendor refuses to provide W-9? ›

If they are now refusing to provide a W-9 you should stop paying them immediately and document your requests to obtain the W-9 in writing. Failing to report contractor payments could cost you $1,060 in penalties – per contractor.

Do I have to pay taxes if I fill out 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.

How do I know if I need a W9? ›

If you do consulting or gig work for a business without being on its payroll, you will likely be asked to complete a W-9. When a business pays more than $600 to a single taxpayer during the year, it must submit an informational return to the Internal Revenue (IRS) to disclose the payments.

Why would someone request a W9? ›

A W-9 is needed when the business pays a freelancer, independent contractor, or self-employed worker $600 or more in one year. The purpose of a W-9 form is to create an official record of a business relationship between a company and an individual who is not a regular employee.

Do I need to issue a 1099 to my cleaning lady? ›

Only Businesses Need to Issue a Form 1099

You don't need to issue your housekeeper a form 1099. Your business must file a form 1099 with the IRS and to each unincorporated business or individual to whom you paid $600 or more during a given tax year.

What is a 1099 for dummies? ›

What is a 1099 Form? 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.

Do I have to give my handyman a 1099? ›

A 1099 only applies to a trade or business and not private people who hire handymen or workers who work in their own house. Unless you are a landlord and the plumber is a business expense, which then yes you should since the business hired him; renting properties would to a trade or business.

Are contractors considered 1099? ›

A 1099 worker is a freelancer, independent contractor, or other self-employed worker that completes particular jobs or assignments; they are not employees of the company. Since they're not deemed employees, you don't pay them wages or a salary.

Do independent contractors fill out 1099? ›

Individual independent contractors report non-employee compensation from Box 1 of the 1099-NEC (or Box 1, Rents of the 1099-MISC) on Schedule C or Schedule E attached to Form 1040—their income tax return. They must also file Schedule SE, Self-Employment Tax, with their tax return to calculate their self-employment tax.

Do all independent contractors get 1099? ›

Businesses that pay more than $600 per year to an independent contractor must complete Form 1099-NEC and provide copies to both the IRS and the freelancer by the specified annual deadline.

Do independent contractors use 1099? ›

What is a 1099 employee? A 1099 employee is a contractor rather than a full-time employee. These employees may also be referred to as freelancers, self-employed workers, or independent contractors.

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