Are you on the right PATH to e-File 1099’s? Read for info on due date and other changes for 1099-MISC and W-2 forms.
There is a big change on the way for 2016 1099-MISC and W-2 filings. The change comes courtesy of the “Protecting Americans from Tax Hikes” (PATH) Act of 2015. This act changes the due date for income reporting by employers. The changes apply to employee and nonemployee income. We’ve noted some other changes below.
Due Dates of Yesteryear
For tax years 2015 and prior, recipient copies of forms were due January 31. The IRS (for 1099-MISC) and SSA (for W-2) copies were due after the recipient copies. Paper files were due February 28, and e-files were due March 31. This gap helped payers and recipients to communicate before sending the form to the IRS/SSA.
New and Improved (?) Due Dates
For W-2 forms, both recipient and SSA copies are due January 31. The due date applies to both paper and e-filed forms.
The 1099-MISC deadlines are a little more involved. Only non-employee income amounts are due to the IRS on January 31. If you report non-employee income in box 7 on the 1099-MISC, you must meet the new deadline. Non-box 7 1099-MISC forms, and other 1099 forms, keep the March 31 deadline.
Our suggestion is to file any 1099-MISC form with a box 7 amount by January 31. If you realize you’ve made a mistake on the form, you can file a corrected form.
Corrected Forms
Speaking of corrected forms … The PATH Act provides a safe harbor for small amounts reported incorrectly. Here it is, straight from the IRS:
“Under the safe harbor, an error on an information return or payee statement is not required to be corrected … if the error relates to an incorrect dollar amount and the error differs from the correct amount by no more than $100 ($25 in the case of an error with respect to an amount of tax withheld).”
For example: ABC Corp. reported on a 1099-MISC that they paid Susan Short $1,000. They actually paid her $950. They do not have to report a corrected form for this de minimus error.
And another example: XYZ Inc. reported that they withheld $500 in tax on a 1099-MISC provided to Gregory Garcia. They actually withheld $480. They do not have to report a corrected form for this de minimus error.
The caveat to this: if the recipient requests a correct form, the payer must oblige. The payer must report the correction to the IRS and provide a copy of the corrected form to the recipient. If the error is not a “de minimus” error, you must still file a correction. The IRS applies penalties for:
1. Forms with incorrect amounts (non- “de minimus” errors)
2. Forms with “de minimus” errors that were not corrected, per the recipient’s request
3. Forms with incorrect identifying information
Two other changes
Employer-provided mass transit and parking benefits are now in parity. Employers exclude these amounts from employee wages for payroll tax calculations. Employers also exclude these amounts from gross income for income tax purposes. Federal regulations may eventually call for truncated SSN’s on W-2 forms. Truncation helps reduce the risk of identity fraud. As always, we will keep you updated on changes that impact 1099, W-2, and other tax forms. In Tax1099.com, you can create information returns with truncated TIN’s. The truncation shows on recipient statements. We send the entire TIN to the IRS/SSA.
Check out Tom’s post, “How to be a little Lazy & Win in 1099 Season,” for tips on making your January easier.