Do I Need a 1099 for an LLC?

by Tom Streissguth
    The IRS requirements for 1099s for LLCs are not always clear.

    The IRS requirements for 1099s for LLCs are not always clear.

    Jupiterimages/Polka Dot/Getty Images

    If you have paid for services by a limited liability company, the IRS may require that you issue a Form 1099 statement to the LLC. The rules for issuing 1099s to LLCs are somewhat complicated, however, and involve determining with exactly what kind of LLC you are dealing. If you are unsure, consult your accountant or tax advisor.

    File an LLC application

    Fit your business needs with the right LLC package

    http://www.legalzoom.com/limited-liability-company

    The 1099 Information Return

    Internal Revenue Service Form 1099 is a statement of money or other benefits paid to an independent contractor, subcontractor, or other business or individual who has performed services for your company, or who is owed money via contract. The IRS classifies the document as an “information return.” The issuer of a 1099 uses it to prove costs and/or expenses to the IRS; the payee uses the 1099 to figure taxable income.

    1099 Classifications

    There are many different types of 1099, including the 1099-MISC, used to report royalties, rental income, and other payments; the 1099-DIV for capital gains and dividend distributions; and the 1099-S for real estate transactions.

    Issuing Requirements

    The IRS requires that you issue 1099s to any independent contractor who provided at least $600 worth of services to your business. Many businesses are unsure of the requirements for issuing 1099s to limited liability companies. The answer depends on how the LLC is treated by the IRS. For federal tax purposes, a limited liability company may elect to be taxed as a sole proprietorship, or Type D or "disregarded entity;" a partnership, or Type P; or a corporation, Type C.

    Sole Proprietorships and Partnerships

    If your payee is an LLC that is taxed as a sole proprietorship, you must issue the 1099 with certain information needed by the IRS. This includes the name of the sole proprietor, the name of the LLC and the Social Security number of the sole proprietor, which serves him as the tax identification number. If the LLC is taxed as a partnership, then the 1099 must carry the name of the business as well as its employer identification number, or EIN.

    Corporations

    You do not need to issue the 1099 to an LLC that is classified as a corporation for federal tax purposes. Corporations have strict IRS guidelines and different forms for reporting income that replace the use of a 1099. You may issue the 1099 to a corporation if you wish, but the purpose would only be to simplify your own recordkeeping. You also do not need to issue a 1099 to any LLC structure when you pay transaction costs for merchandise including the item cost, postage charges, delivery costs and storage.

    About the Author

    Tom Streissguth has worked for over 15 years in the legal field as a writer and legal assistant, and has authored numerous articles on Social Security disability law. He has many nonfiction and reference titles in print, including works for The Gale Group and Lerner. He holds a Bachelor of Arts from Yale University.

    Photo Credits

    • Jupiterimages/Polka Dot/Getty Images