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Aren't 1099-MISC forms due by January 31?
Yes, but you do have some wiggle room up until February 28

1099s are supposed to be sent to recipients no later than January 31, but the true deadline is February 28. That is the deadline for mailing your 1099s to the IRS.

Read my main article on 1099 preparation to see how simple it is, but pay attention to the pointers in this article if you are preparing the forms in February.

...

Here's what you do. Immediately. (This is February, so time is of the essence.)

First, get your hands on some forms

This may not be as simple as it sounds. 1099 forms cannot be downloaded from the Internet like most tax forms, because they are red, scannable jobbers. You can order them for free from the IRS (they should take 7 to 14 days to come) or you can get right down to your local office supply store and buy them. I recommend you do BOTH. NOW! If you order immediately, the forms may come quickly enough to meet the February 28 deadline. Also, you may get down to the store and find their packages of 1099s are all bought out. There is a rush on these forms towards the end of January. If it's after February 15 already, you need to go to more than one store until you find the forms.

See my main article on 1099 preparation for specifics on the number and type of forms you will need.

Second, talk to your service providers

Call all of your service providers. Let them know that you will be sending them a 1099 and apologize for it being late. If possible, tell them how much income will be shown on the form. That way, the delay in receiving your form will not hold up their tax preparation.

If you don't have a service provider's tax id number, get that information over the phone. Get their full legal name and mailing address, too. If the worker refuses to cooperate, you should document this in your records. You should also send them a Form W-9, since that's the official way to request someone's tax id number. Document sending the W-9, too.

Such documentation may help to protect your deduction in case you can't prepare a 1099 and you later get audited, but don't count on it. It definitely won't help if you continue to hire the person year after year. Decide how much it's worth to you to be able to deduct your payments to this person on your tax return and look for a new service provider if you want to be able to prepare a 1099 next year. Have new workers fill out Form W-9 right when you hire them.

Third, prepare the forms and mail them no later than February 28

See my main article on 1099 preparation for step by step instructions.

Posted on 2009-01-04 17:19:55

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Alison T. Jacks is an Enrolled Agent tax professional specializing in income tax preparation for California Family Child Care Providers. A graduate of the University of California, Berkeley, her highest priority is communicating effectively with day care providers regarding record keeping and tax preparation so that they pay the lowest tax and avoid audit troubles. Alison has a diverse clientele whom she helps with stock options, rental properties, and much more. Since 2007, she has been accepting family child care clients only.

Alison is located in Fremont, California. She has been working with clients in her local communities of Fremont, Newark, Union City and the greater San Francisco Bay Area since 1995, initially doing business as Taxes On The Net and now as Family Child Care Taxes. Via email, fax and phone she works with clients throughout the State of California.

Alison is a member of the National Association of Enrolled Agents, the California Society of Enrolled Agents, the National Association of Tax Professionals and the Redleaf National Institute, established by Tom Copeland in 1992 to improve the quality of family child care by helping providers successfully manage their businesses.

California cities where Alison's clients are located include Alameda, Benicia, Berkeley, Brea, Burlingame, Castro Valley, Concord, Cupertino, Danville, Dublin, Foster City, Fremont, Goleta, Hayward, Hercules, Highland, Irvine, Lincoln, Livermore, Los Angeles, Manteca, Martinez, Milpitas, Modesto, Mountain House, Mountain View, Newark, Oakland, Palo Alto, Paso Robles, Placentia, Pleasanton, Redwood City, Sacramento, San Anselmo, San Carlos, San Diego, San Francisco, San Juan Capistrano, San Jose, San Leandro, San Lorenzo, San Luis Obispo, San Mateo, San Ramon, Santa Clara, Stockton, Sunnyvale, Santa Rosa, Templeton, Union City, and Van Nuys.

Website by Cooksey-Talbott Studio

Special thanks to Cooksey-Talbott for his wonderful photographs of the Fremont Hills.